BANWARI LAL Vs. DIRECTOR ANIMAL HUSBANDRY, HRY CHD

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 1313 of 1978, 1654 of 1978 and 5830 of 1981 involving the same questions of fact and law.

(2.) The petitioners are the employees of the Animal Husbandry Department, Haryana. They were later promoted to the posts of Milk Recorders and were posted in the Central Herd Book Scheme, which was sponsored by the Central Government. No doubt, the petitioners worked as Milk Recorders and got training for this job but they were later reverted backs to the posts of Dressers in the year 1978. The grievance of the petitioners is that they were working as Milk Recorders for nearly eight years and their reversions had been ordered without any reason or legal justification. The petitioners have, thus, challenged the impugned orders of their reversion from the posts of Milk Recorders to the posts of Dressers and have prayed for a writ of certiorari for quashing the same.

(3.) The respondents through their affidavits have admitted the fact that the petitioners were working as Dressers and they were promoted as Milk Recorders, on which posts they worked for nearly eight years, but have been reverted back to the posts of Dressers. The plea of the respondents is that the petitioners were promoted as Milk Recorders under the Central Herd Book Scheme sanctioned by the Government of India. The Assistant Registrar of the Central Herd Book Scheme vide letters dated 21.9.1977 and 6.10.1977 has intimated that the Government of India have recruited their own Milk Recorders and the petitioners, who are employees of the Animal Husbandry Department, Haryana had become surplus. The respondent's case is that there is no post of Milk Recorder in the State of Haryana. Therefore all the petitioners were reverted to their substantive posts of Dressers. Since the petitioners were working under a scheme sponsored by the Government of India and the posts of Milk Recorders were sanctioned temporarily by the Central Government on year to year basis and they had subsequently been declared surplus and had to be absorbed back in the Animal Husbandry Department, Haryana, they could only be so absorbed against their substantive posts of Dressers.