RAGHBIR SINGH Vs. VERSUS STATE OF HARYANA

JUDGEMENT

(1.) The main issue which requires determination by this Court relates to the claim of the petitioner to be assigned seniority in the cadre of Assistant Public Relations Officers with effect from 28th November, 1979. An ancillary issue which will also requires adjudication is as to whether the Director Public Relations was having the jurisdiction to change the date of regularisation of the service of the petitioner from 28th November, 1979 to 20th November, 1980.

(2.) Facts of the case show that the petitioner had joined government service as a teacher on 12th July, 1956. On 19th September, 1979, the petitioner made an application to the then Chief Minister of Haryana for his appointment as Assistant Public Relations Officer in the Public Relations Department of the Government of Haryana. Though the petitioner claims that after considering his eligibility, the government appointed him as Assistant Public Relations Officer on deputation on 23rd November, 1979 (Annexured P1), a careful reading of that order shows that the said appointment was given to the petitioner only on the basis of his application dated 19th September, 1979 addressed to the then Chief Minister. Petitioner's appointment was on temporary basis for a period of one year. Case of the petitioner for regularisation of service was referred to the Subordinate Service Selection Board Haryana and on the basis of the recommendation made by the said Board, Director Public Relations, Haryana issued order dated 3rd November, 1981 regularising the services of the petitioner with effect from 28th November, 1979. In the seniority list (Annexure P3), the petitioner was placed at serial No. 10 and the respondents 3 to 5 who had been appointed as Assistant Public Relations Officers by promotion on 9th April, 1980 and 10th April, 1980 respectively were placed below him. After about six years of the issue of order Annexure P2, the Director Public Relations issued an order Annexure P4 dated 24th January, 1987 and changed the effective date of regularisation of the service of the petitioner from 28th November, 1979 to 20th November, 1980. The petitioner challenged this action of the Director vide his representation (Annexure P5) and having failed to persuade the Director to withdraw order (Annexure P4), the petitioner filed an appeal before the Secretary to the Government, Public Relations Department, Haryana. The petitioner felt convinced that he will not get any relief at the hands of the administrative authorities because respondent Nos. 3 and 6 came to be promoted as District Public Relations Officer on temporary basis vide order (Annexure P8) dated 27th October, 1989. Therefore, he has filed this petition.

(3.) In the writ petition, petitioner has claimed that respondent No. 2 has acted without jurisdiction in changing the date of regularisation of his service and in any case respondent No. 2 has without any justification brought about a change in the date of regularisation of his service as Assistant Public Relations Officer. Order Annexure P4 has been assailed on the ground of violation of the basic principles of natural justice and arbitrariness. Petitioner has pleaded that after a long lapse of over 5 years and six months of the issue of order Annexure P2, respondent No. 2 has changed his service conditions to his disadvantage without any notice and without hearing him.