ARUN KUMAR VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the instant petition, the petitioners have questioned the validity of the order dated 12/13.9.2013 by which claim of the petitioners to assign seniority from the date of deputation/posting in the Labour department has been rejected and they were assigned seniority w.e.f. 8.3.2011 with reference to their option, which they exercised for permanent absorption.

(2.) The petitioners were appointed on different dates/years in the Industries Department as clerks during the period from 1986 to 1995. The Chief Secretary, Government of Haryana issued a policy decision dated 18.9.2003 to all the Heads of the Department in Haryana relating to guidelines regarding transfer of excess employees as a result of restructuring/right sizing of Government Department. Pursuant to the said guidelines, Industries Department identified 91 clerks, 15 process server and equivalent cadre and 3 cleaners and sent them to the Labour Department by order dated 17.2004. The same was implemented by the Labour Department while accepting the duty report of the petitioners among others on 29.6.2004. Thereafter, the Labour Department sought option from the petitioners to remain in the Labour Department or to go back to their parent department i.e. Industries Department. The petitioners have exercised their options in the year 2010 and the same were accepted by the Labour Department on 8.3.2011. When thing stood thus, the Labour Department issued a provisional seniority list of clerk as on 27.2013 while inviting objections from the persons who are affected by the said provisional seniority list. Pursuant to the same, the petitioners are stated to have submitted their objections stating that they are entitled to seniority w.e.f. 29.6.2004 the date on which their services have been taken by the Labour Department. The official respondents while considering objections of the petitioners to the provisional seniority list rejected their objections stating that their options for permanent absorption in the Labour Department is dated 8.3.2011 and the same cannot be preponed. Thus, the petitioners have presented this petition.

(3.) Learned counsel for the petitioners submitted that the petitioners who were working in the Industries Department at the behest of the Chief Secretary Government of Haryana to stream line the departments with reference to restructuring/right sizing of Government Department were transferred/deputed to the Labour Department on 29.6.2004. Therefore, they are entitled for seniority in the Labour Department from 29.6.2004 and not from 8.2011 the date on which their options were accepted. Learned counsel for the petitioners pointed out that as per instructions dated 17.1987 (Annexure P-11), Para 12 (B) (vi) relates to seniority in which it is held that the seniority be fixed from the date of their original deputation and not from the date of exercise of their option. The date of deputation of the petitioners is 29.6.2004. Hence, their seniority is required to be given w.e.f. 29.6.2004. It was further pointed out that while passing the impugned order, instructions dated 17.1987 has not been taken into consideration by the Labour Commissioner in its order dated 12.9.201 Thus, order dated 12.9.2013 is liable to be set aside and the petitioners are entitled for seniority w.e.f. 29.6.2004 the date on which they have been deputed/posted to the Labour Department.