SUBHASH CHANDER Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the extra-ordinary writ jurisdiction of this Court for quashing of the order dated 20.8.2000 (Annexure P.10), whereby the petitioner has been ordered to be reverted from the post of Superintendent to that of Assistant.

(2.) The petitioner was initially appointed in the Regional Centre of the then Punjab Agriculture University, Hisar on 8.8.1969. Later on, the Haryana Agriculture University was created in the year 1970 and the petitioner became employee of Shri Charan Singh Haryana Agriculture University. The petitioner was promoted to the post of Accountant in the year 1975. Subsequently, the cadre of Accountant and Assistant was merged and, therefore, the petitioner became an Assistant.

(3.) The promotion from the post of Assistant is to the post of Superintendent. 75% of the posts are to be filled from amongst of Assistants on seniority-cum-merit basis, whereas the remaining 25% of the posts are to be filled on the basis of the Departmental Examination known as Higher Standard Examination. The petitioner cleared the Higher Standard Examination, but could not be promoted due to lack of sanctioned post. The University introduced a system of promotion on the ratio system somewhere in the year 1992. Under the said system, 1/4th of the total Assistants were to be promoted to the post of Superintendent. In the year 1998, the University issued an order promoting 13 Assistants as Superintendents under the ratio system.