DEVENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The dispute in this petition brought under Art. 226 of the Constitution is regarding promotion to the post of Sub Divisional Engineer in the Maharishi Dayanand University, Rohtak. The petitioner lays challenge to the order dated Dec. 28, 2012 promoting the 4th respondent-Jai Kishan as Sub Divisional Engineer (Civil-1) [for short 'SDE (C)']. The petitioner belongs to the Civil Engineering Wing of the University, while the 4th respondent to the Drawing Branch. The petitioner was appointed as a Junior Engineer on Feb. 19, 1991 which the 4th respondent castigates was a back door entry on ad hoc basis without advertising the post. It is not disputed that the petitioner was appointed as a Junior Engineer on regular basis on Oct. 28, 1993.

(2.) The 4th respondent's career graph is as follows:

(3.) Not only has the petitioner challenged the order of promotion dated Dec. 28, 2012 but also the initial order dated Sept. 27, 2008 giving current duty charge of the higher post of SDE to Jai Kishan in advance to keep, as they say, the post warm till actual promotion. The charge was given in addition to his duty as a Head Draftsman. The case of the petitioner