VIRENDER SINGH HOODA Vs. KULWANT KUMAR KALSAN

JUDGEMENT

(1.) This order will dispose of abovenoted connected Letters Patent Appeals (hereinafter referred to as 'LPA') against judgment dtd. 1/4/2015, passed by Single Bench of this Court, whereby four connected civil writ petitions i.e. CWP-21564-2012, CWP-22211-2011, CWP-20080-2012, CWP-7791-2012, filed by petitioners Kulwant Kumar Kalsan, Monika Malik and others, Virender Singh Hooda and another, Jai Krishan Abhir and others, were disposed of by issuing a writ of mandamus directing Government/official respondents to redraw seniority list of HCS (EB) Officers as are parties to present cases, in terms of judgment by keeping in view amended Rule 20 of Punjab Civil Services (Executive Branch) Rules, 1930, as applicable to Haryana, (before they were repealed and replaced in year 2008 by new Rules) with seniority assigned from respective dates of actual appointments to service as they occurred, i.e., when each of them came to be borne for first time on HCS cadre as Members of service.

(2.) Facts of CWP-22211-2011, titled as 'Monika Malik, Jaibir Singh Arya, Surinder Kumar Setia, Maheshwar Sharma, Shiv Parshad, Girish Arora, Mukesh Ahuja Versus State of Haryana, Virender Singh Hooda, Ajay Malik, Amarjit Singh Mann, Arvind Malhan, Dinesh Singh Yadav, Sujan Singh, Ashok Kumar Garg, Pushpender Singh, Pardeep Godara Abovenoted petitioners, namely, Monika Malik etc. have filed present petition against abovenoted official respondent, namely, State of Haryana and abovenoted private respondents, for issuance of a writ in the nature of mandamus for directing official respondents to reframe entire seniority/gradation list of HCS (EB) on the basis, as has been done, vide order dtd. 30/6/2011 (Annexure-P-3) only qua parties to CWP No. 3549 of 2007, decided on 3/8/2010 (Annexure-P-1) and further confirmed, vide order dtd. 3/6/2011 (Annexure-P-2), passed in LPA No. 1015 of 2011 as Rule 20 of PCS (EB) Rules, 1930, as applicable in State of Haryana, governing seniority of petitioners. Present petitioners were appointed in 1997 batch. They also seek similar relief.

(3.) Facts of CWP-7791-2012, titled as 'Jai Krishan Abhir, Pardeep Kumar, Jitender Kumar, Dharamender, Dharambir Singh Versus State of Haryana, Urvashi Gulati, Varinder Kumar Dahiya, Sandeep Singh, Mahavir Singh, Jagdish Sharma, Lalit Kumar, Varinder Singh Lather' In this writ petition, abovenoted petitioners, namely, Jai Krishan Abhir etc. have also sought quashing of seniority list dtd. 12/12/2006 (Annexure-P-11) as also another seniority list dtd. 16/4/2010 (Annexure-P-18), vide which abovenoted private respondents No. 3 to 8, namely, Varinder Kumar Dahiya, Sandeep Singh, Mahavir Singh, Jagdish Sharma, Lalit Kumar, Varinder Singh Lather, were made senior to them. Present petitioners were appointed in 1999 batch. They have taken more or less same grounds as taken by petitioner Kulwant Kumar Kalsan in CWP No. 21564-2012.