R.C. GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are presently, holding the post of Hydrologists in the Agriculture Department of Government of Haryana have jointly filed this petition with the prayers to quash Annexure P-6 whereby respondent No.2 has been promoted as Joint Director, Agriculture and also for issue of direction to respondent No.1 to consider their cases for promotion to that post.

(2.) All the petitioners possess the qualification of M.Sc. Geology (Hons). Petitioner Nos. 1 and 2 were selected by the Haryana Public Service Commission for the post of Assistant Geologist in the year 1976 and were appointed on the said posts by the Government of Haryana. Petitioner No.3 was selected in the year 1972 by the Haryana Subordinate Services Selection Board for the post of Technical Assistant in the Agriculture Department. He joined duty on that post in the year 1972 itself. He was promoted as Assistant Geologist in the year 1976. Petitioners Nos. 1 & 2 were promoted as Hydrologists vide order dated 22.7.1982 Annexure R-2/4 and petitioner No.3 was promoted as Hydrologist vide order dated 29.9.1983 (Annexure R.2/5). The names of the petitioners appear at Sr.Nos. 33 to 35 in the gradation list of Haryana Agriculture Service Class I Officers (Annexure P-2). Respondent Nos.2 joined service in the Agriculture Department with effect from 12.10.1983 on being appointed as Deputy Director, Agriculture. By order Annexure P-6 respondent No.2 has been promoted as Joint Director, Agriculture, alongwith seven other persons. It is this order of promotion of respondent No.2 to the post of Joint Director, Agriculture, which has been made the subject - matter of challenge in this writ petition.

(3.) Petitioners have pleaded that respondent No.2 is junior to them because his name appears at Sr. No. 36 in the seniority list Annexure P-2 and even though they are senior to respondent No.2, respondent No.1 has promoted respondent No.2 without considering the cases of the petitioners.