RAM KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner is seeking quashing of the order, Annexure P-10, by which his claim to promotion as a Clerk from the post of a Sweeper has been rejected, his claim being against respondent no.5 herein, Vijender Singh, with the order stating that the petitioner and Vijender Singh belong to separate cadres within the respondent Prisons Department, the petitioner being from the field cadre and Vijender Singh having been promoted in the head office cadre.

(2.) Though admittedly Vijender Singh was earlier also from the field cadre, however, it is stated in the written statement filed on behalf of respondents no.1 to 3 (though not stated in the impugned order), that he was transferred to the head office on 30.8.2007, on a mutual transfer request by him and one Ranbir Singh, who was transferred in Vijender Singhs' place from the head office to the District Jail Bhiwani, i.e. to the field cadre. That factual position has not been rebutted by the petitioner, with regard to the mutual transfer.

(3.) However, learned counsel for the petitioner submits that even one Om Parkash, who was originally from the field cadre, was promoted on the strength of the head office cadre and therefore, the officials respondents, without actually framing a seniority list in the two cadres, are making promotions on a pick and choose basis, at their whims and fancies.