JIT SINGH Vs. SECRETARY TO GOVT , HARYANA

JUDGEMENT

(1.) This order will dispose of two connected civil writ petition Nos. 2186 and 2375 of 1967. Counsel for the parties are agreed that the decision in the former petition will govern the other case as well. I would, therefore, consider the facts of Civil Writ No. 2186 of 1967.

(2.) This petition under Articles 226 and 227 of the Constitution has been filed by Jit Singh and 26 others for the issue of a writ of mandamus directing the State of Haryana to confirm them on the posts of Assistant Consolidation Officers.

(3.) The allegations of the petitioners were that they were working as Assistant Consolidation Officers and were originally employed in the former State of Punjab and all of them had completed more than 10 years of service on these posts. According to the decision taken by the Punjab Government vide memorandum No. 3159 CHI(I) 2452 dated the 26th May, 1964, issued by the Deputy Secretary to Government, Punjab, Consolidation Department, to the Director of Consolidation of Holdings, Punjab, Jullundur, 42 temporary posts of Assistant Consolidation Officers were directed to be made permanent and all officers, who had been working for ten years on those posts had to be confirmed forthwith. It was also mentioned in that memorandum that even if any particular Assistant Consolidation Officer had put in 10 years service either as Assistant Consolidation Officer or on a lower rank, then he too might be confirmed even though against the post of a Qanungo. On 29th of March, 1966, another order was issued by the Punjab Government by which the Director of Consolidation of Holdings was intimated that those employees who had completed 10 years continued service on a particular post on or before 31st of March, 1966, would be eligible for confirmation. The Director was further asked to work out immediately the number of posts which were to be sanctioned on permanent basis. In pursuance of the aforesaid decision of the Government, the Punjab Government, had confirmed a number of persons on the posts of Assistant Consolidation Officers. The petitioners had been allocated to the State of Haryana with effect from 1st November, 1966, and since then they were working as Assistant Consolidation Officers. No action had been taken by the Haryana Government and the petitioners had not been confirmed in pursuance of the decision of the Government although certain Consolidation Patwaries, sub-inspectors and inspectors had been confirmed. On 26th of November, 1966, the petitioners submitted a representation to the Financial Commissioner, Revenue, Haryana Government, paying that they be confirmed, as all of them had rendered more than 10 years service. Since no reply was received, another representation was made to the Revenue and Development Minister Haryana Government, on 19th of April 1967, but no action had been taken with regard to that as well. According to the petitioners, instead of confirming them, the Haryana Government had started reverting them to the posts of Consolidation Inspectors. The refusal of the Haryana Government to confirm the petitioners who were, on the other hand, being reverted, was contrary to law and against the provisions of the Punjab Re-organisation Act, 1966. That led to the filing of the present writ petition on 4th of October, 1967.