MADAN LAL DUGGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order we propose to decide three connected Civil Writ Petitions bearing Nos.3587, 5533 and 5397 of 1996 as common questions of law and fact are involved in all these cases. On consent of the learned Counsel representing the parties, the facts have, however, been extracted from Civil Writ Petition No.3587 of l996.

(2.) Madan Lal Duggal alongwith S.N. Arora through present writ petition filed by them under Article 226 of the Constitution of India seek issuance of a writ in the nature of Mandamus directing respondents 1 and 2 i.e. State of Haryana and Engineer-in-Chief, P.W.D. (B&R) Branch, Haryana to consider them senior to private respondents i.e. respondents 3 and 4 for promotion to the post of Superintendent. The facts in wake whereof the relief aforesaid has been asked for reveal that the petitioners are members of general category whereas respondents 3 and 4 belong to Backward/Scheduled Castes respectively. Concededly both the respondents were junior to the petitioners on the lower posts of Clerks and Assistants. However, on the basis of reservation in promotion, they were promoted as Deputy Superintendents prior in time to the petitioners and as such were being treated senior to them. The petitioners as also respondents 3 and 4 were initially appointed as Clerks in the respondent department. They were thereafter promoted as Assistants and still further Deputy Superintendents. In the category of Clerks and Assistants, the petitioners were senior to respondents 3 and 4. The respective dates of appointment/promotion of the petitioners and respondents 3 and 4 on various posts like Clerk and promotion to the posts of Assistants and Deputy Superintendents have been detailed in paragraphs 3 of the petition. It may be mentioned at this stage that the facts as narrated in paragraph with regard to particulars of the petitioners and respondents 3 and 4 have not been disputed.

(3.) The services of the petitioners and respondents 3 and 4 are governed by rules known as Haryana Public Works Department (B & R) Branch Headquarters Office Ministerial Service (Group C) Rules 1979 (hereinafter referred to as 1979 Rules). Rule 9 provides method of recruitment and reads as under:-