AMRIT LAL KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioners have challenged gradation list as it stood on 1st January, 1979 (Annexure P-8). The petitioners have also challenged the orders dated 2.6.1980 (Annexure P-10 and P-10A) by which Sarvshri Sukhminder Singh and Inderjeet Singh, Assistant Unit Officers and Shri Sant Lal Sharma, Assistant Entomologist Officer were promoted to the post of Assistant Malaria Officer in the scale of Rs. 350-800.

(2.) In the writ petition, it has been stated that in 1976 the gradation list was prepared by the Health Department which was circulated in January, 1977 in which the petitioners were shown senior to respondents Nos. 3 to 18 (private respondents). It has further been stated that the petitioners were shown at Serial Nos. 4, 11, 15 and 17 in the category of Assistant Unit Officers/Senior Laboratory Technicians whereas respondents Nos. 3 and 5 to 18 were shown much junior to the petitioners, and the name of respondent No. 4 did not appear in the said list. It may be relevant to point out here that the copy of the seniority list has not been annexed along with the writ petition but only an extract of the gradation list of 1976 has been annexed as Annexure P-4. It has further been stated in the writ petition that the Director, Health Services, Haryana promoted 8 persons to the rank of Assistant Malaria Officers against 10 newly created posts and out of these 8 persons, Shri Sukhminder Singh who was junior to the petitioners and Shri Inderjeet Singh whose name did not exist in the gradation list of 1976, were promoted. It has further been stated that in order to justify the aforesaid illegal promotions, the official respondents prepared revised seniority list in the year 1977 which was circulated on 13th June, 1977 but thereafter on the advice of the Legal Remembrancer, the revised seniority list was scrapped and the abovementioned persons who were junior to the petitioners were reverted. It is further stated that thereafter the official respondents issued another gradation list on 1st January, 1979 in which the petitioners have been shown juniors to the private respondents and on the basis of the said revised list, Sukhminder Singh, Inderjeet Singh and Sant Lal Sharma were promoted to the post of Assistant Malaria Officers.

(3.) Written statement on behalf of the respondents Nos. 1 and 2 has been filed. In the written statement, it has been stated that the posts of Sanitary Inspectors/Health Inspectors/Malaria Inspectors/Smallpox Supervisors/Surveillance Inspectors/Health Education Assistants are filled up by direct recruitment whereas the posts of Senior Sanitary Inspectors/Senior Malaria Inspectors are filled by promotion from amongst the persons holding abovementioned posts. It has further been stated that some posts of Assistant Unit Officers/Senior Laboratory Technicians/Health Supervisors/Investigators are filled by promotion amongst Senior Sanitary Inspectors/Senior Malaria Inspectors on the basis of seniority-cum-merit while other posts are filled up by direct recruitment. The posts of Assistant Malaria Officers are filled by promotion from amongst Assistant Unit Officers/Senior Laboratory Technicians/Health Supervisors/Investigators on the basis of seniority-cum- merit.