PARMOD KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Pursuant to the order dated 19.09.2017, an affidavit of the Principal Secretary to the Government of Haryana, Department of Forests and Wildlife, Sh.S.N.Roy, is on record, in which, after giving a long background on the framing and amendment of service rules under the proviso to Article 309 of the Constitution of India, as also on employees employed on contractual basis not being governed by service rules but by their terms and conditions of contract, they thereafter being regularized "by default", eventually it is stated that the petitioner having been regularized in service w.e.f. 01.10.2003 (in terms of the then existing policy of the Government of Haryana of that date itself, a copy of which is Annexure R1 annexed with the affidavit), he cannot be promoted further, as his services were regularized on the post of a Labourer in Group-D, which actually was a non-existent post in the said group, even on the date of his regularization, (such post not being reflected anywhere in the statutory rules, i.e. Haryana State Forest Executive Section (Group C) Service Rules, 1998).

(2.) Mr. Maanipur, learned counsel appearing for the petitioner, on the other hand first points to Rule 9 itself of the aforesaid Rules, the relevant part of which reads as follows:

(3.) He then points to the instructions, Annexure P-2, issued by the office of the Principal Chief Conservator of Forests, Haryana, to the Conservator of Forests, West, Hissar, stating as follows: