MADAN LAL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In these petitions similar relief involving determination of seniority in the cadre of Accounts Clerks in the Public Works Department (B&RBranch) has been prayed for and, therefore, both the petitions are being decided by a common order.

(2.) Petitioners Madan Lai Sharma and five others, who have filed C.W.P. No. 2064 of 1985, as also the petitioners m C.W.P. No. 4372 of 1982 were initially appointed as Clerks in the PubUc Works Department of the erstwhile State of Punjab. They were allocated to Haryana on 1.11.1966, the date on which the State of haryana came into existence. All of them were promoted as Sub Divisional Clerks in the State of Haryana. Later on they were promoted as Accounts Clerks in relaxation of the executive instructions Issued by the Chief Engineer, Public Works (B&R) Department, Punjab. Respondents Nos. 4 to 8 in C.W.P. No. 2064 of 1985 as well as respondents Nos. 4 to 8 in C.W.P. No. 4372 of 1982 who were employees of the Bhakra Management Board, were rendered surplus and in pursuance of the decision of the Government, they were absorbed in the services of the Public Works Department of the State of Haryana. For facilitating their absorption in the Department, the Chief Engineer, P.W.D. (B&R Branch), Haryana, issued instructions vide Annexure PI dated 7.10.1970 and Annexure P2 dated 3.11.1970.

(3.) In the seniority lists of the Accounts Clerks/Stenographers of Ambala and Hissar Circles the private respondents were shown below the writ petitioners. However, these lists were subsequently revised. The revised tentative seniority list issued on 16.1.1985 is Annexure P5 in C.W.P. No. 2064 of 1985. The petitioners made representations against the tentative seniority list but the same has been turned down by the departmental authorities. Similar list was issued for Hissar/Gurgaon in the year 1973. The petitioners in C.W.P. No. 4372 of 1982 represented against the same but their representations did not find favour with the Government, which made the private respondents senior to the petitioners and also confirmed them on I he posts of Accounts Clerks with effect from the dates earlier than the confirmation of the petitioners.