RAMA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 23.7.1996 Annexure P-2 vide which the petitioners have been ordered to be reverted from the post of Assistant Employment Officers to that of Statistical Assistants and for issuance of a writ of mandamus directing the respondents to allow the petitioners to continue to work as Assistant Employment Officer in the pay scale of Rs. 2000-3200 till the candidates recommended by the Haryana Public Service Commission (hereinafter referred to as the Commission) for the post of Assistant Employment Officers join.

(2.) Petitioners are working as Statistical Assistants in the Employment Department of the State of Haryana. Next promotional post is that of Assistant Employment Officer. There are 92 posts of Assistant Employment Officers out of which 73 posts are of Assistant Employment Officers and the remaining 19 posts are of Assistant Employment Officers (Vocational Guidance). Posts of Assistant Employment Officers are Class II posts and are governed by the rules called the Haryana Employment Department (Group'B') Service Rules, 1991 (hereinafter referred to as the Rules). Rule 9 of these rules provides the method of recruitment. It is provided therein that in case of Assistant Employment Officer (General), 25% posts shall be filled by promotion from amongst the Head Assistants and Statistical Assistants/Technical Assistants in the ratio of 60:40 and the remaining 75% posts shall be filled by direct recruitment. 36 posts of Assistant Employment Officers are lying vacant. Petitioners were promoted as Assistant Employment Officers (General) on ad hoc basis in the pay scale of Rs. 2000-3200 against the direct quota posts for six months or till the regularly selected candidates from the Commission join. Copy of this order has been attached as Annexure P1. Vide order dated 23.7.1996, Annexure P2 petitioners who had been promoted against the posts meant for direct quota on ad hoc basis were ordered to be reverted to their original posts in the pay scale of Statistical Assistants after the expiry of six months of their joining.

(3.) Grievance of the petitioners is that without waiting for the recommendation of the candidates for the posts of Assistant Employment Officers by the Commission, petitioners have been reverted to their original posts of Statistical Assistants which could not be done. Another grievance of the petitioners is that orders reverting them to the posts of Statistical Assistants was passed on 23.7.1996 and on the next day vide order dated 24.7.1996 Annexure P3 have been again been asked to look after the work of Assistant Employment Officers at that very stations where the petitioners were posted as Assistant Employment Officers after their promotion and they have also been told to preform the duties of Assistant Employment Officers in addition to their normal duties of Statistical Assistant till further orders. The precise grievance of the petitioners is that although they continue to discharge the duties of Assistant Employment Officers, but they have been ordered to be reverted to the posts of Statistical Assistants to deprive them of the higher pay scale which is admissible to the Assistant Employment Officers; that petitioners are entitled to the pay scale of Rs. 2000-3200 meant for Assistant Employment Officers as they are discharging the duties of Assistant Employment Officers.