R C DOGRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioners have challenged the orders copies of which have been annexed as Annexures P.2, P.4 and P.6. Annexure P.2 is that joint tentative seniority list of Assistant/Senior Scale Stenographers. Vide Annexure P.4, respondent No. 3 who was working as Senior Scale Stenographer was promoted as Head Assistant and vide Annexure P.6 the representation of the petitioners was rejected. The petitioners have further prayed for a direction to the respondents to consider their claim for promotion to the post of Head Assistant from the date when respondent No. 3 was promoted.

(2.) Briefly stated the facts of the case are that at the relevant time, the petitioners were working as Assistants in the Economic and Statistical Organisation of the Haryana Government. As per averments made in the writ petition, promotions in the said Department are governed by the Punjab Economic and Statistical Organisation (State Service Class III) Rules, 1963 (hereinafter referred to as the 1963 Rules). These rules were framed under proviso to Article 309 of the Constitution of India and they were amended vide notification published in the Gazette on 7th March, 1972. By the amendment of 1972, under rule 7, inter alia, clause (h) was added after clause (g) which reads as under:

(3.) In the year 1961, the Governor of Punjab in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, made rules regulating the promotions of Stenographers and Steno-typists in the Civil Services of the State to higher posts in the Clerical side and these rules are called the Punjab Civil Services (Promotion of Stenographers and Steno-typists) Rules, 1961 (hereinafter referred to as the 1961 Rules). In terms of Rule 1(2) of the said rules, these rules shall apply to all Stenographers and Steno-typists of all the Departments of the State except those of the Punjab Civil Secretariat, Punjab Legislative Council and the Punjab High Court. Under rule 3(1) of the said rules, in offices where the scale of pay of stenographers is identical to that of Assistants, the Stenographers shall, before becoming eligible for promotion to a higher post on the Clerical side have to work as Assistant for a period of two years on some existing vacancy or by sharing the work of an Assistant. Rule 8 of these rules provides that "the provisions of these rules shall have effect notwithstanding anything to the contrary contained in any rules for the time being in force regulating the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the State".