CHANDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed these two writ petitions viz. CWP Nos. 13434 of 1990 and 11149 of 1993. He claims that he was entitled to be regularised as a Clerk with effect from May 24, 1975 and then promoted as an Assistant with effect from November, 1987. He further submits that in case these two reliefs are granted, he would be entitled to promotion as a Deputy Superintendent with effect from September 10, 1993, when Mr. Harbans Lal Sardana, who has been impleaded as respondent No. 3 in CWP No. 11149 of 1993 was promoted. The first two reliefs have been claimed by the petitioner in CWP No. 13434 of 1990. The prayer for the last relief has been made in the latter case.

(2.) IT is the admitted position that the petitioner was recruited as a Clerk on purely ad hoc basis on May 24, 1973. His services were regularised in accordance with the instructions issued by the Department with effect from January 1, 1980. The petitioner did nothing till October 27, 1986 when for the first time, he submitted a representation and claimed regularisation with effect from May 24, 1975. This claim was rejected by the respondents vide order dated March 21, 1989. A copy of this order has been produced as Annexure P -6 with the Civil Writ Petition No. 13434 of 1990. Thereafter, the petitioner filed a representation dated August 1, 1989 claiming that he was entitled to the benefit of reservation in the matter of promotion to the post of an Assistant. This representation was rejected vide order dated September 19, 1989. On February 1, 1990, the petitioner was actually promoted as an Assistant. The petitioner submits that he was entitled to be considered for promotion as an Assistant in November 1987 against a point reserved for the members of the Scheduled Castes. Still further, in the year 1993, when a post of Deputy Superintendent fell vacant, the petitioner staked his claim on the ground that he was entitled to be promoted against the solitary post of Deputy Superintendent by treating it as a reserved vacancy.

(3.) THE respondents contest the petitioner's claim. It is pointed out that the post against which the petitioner had been appointed as a Clerk on ad hoc basis had in fact to be filled up through the Subordinate Services Selection Board. However, vide notification dated January 1, 1980, the State Govt. decided to exclude the post from the purview of the Subordinate Services Selection Board. As a result, the petitioner's services were regularised with effect from January 1, 1980. Still further, the instructions for reservations in the matter of promotion in Class -III Services had been issued on February 9, 1979. The petitioner was not entitled to be considered against the reserved posts till he was appointed as a Clerk on regular basis. After the regularisation of his services, the vacancies which became available were given to the members of the Scheduled Castes in order of their inter -se seniority. Persons who were far senior of the petitioner were promoted earlier. In November, 1987, Ms. Lakshman Kaur and Mr. Umrao Singh whose names appeared at Serial Nos. 113 and 114 in the seniority -list while that of the petitioner was at serial No. 138, were promoted. On the trifurcation of the Department of Industries, the petitioner was allocated to the Department of Mines and Geology in accordance with his option. On his turn, he was promoted vide order dated February 1, 1990. In view of this factual position, the respondents claim that there is no merit in CWP No. 13434 of 1990 and should be dismissed.