ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above captioned three writ petitions, as the issue involved in all the petitions is identical. However, for facility of reference the facts are taken from CWP No.16334 of 2012.

(2.) In the year 1994, the Subordinate Service Selection Board, Haryana (for short 'the Board') issued advertisement inviting applications from candidates for their selection and admission to the Patwar Training Course. On 29.07.1994, the Board recommended names of the successful candidates to the Director, Land Records, Haryana for Patwar Training of 1 1/2 years' duration. On completion of training, the Director, Land Records recommended the names of the candidates on 05.05.1997 (P-1) to all the Deputy Commissioners of the State and Director Consolidation, Haryana for appointment as Patwaries. Candidates joined service allocated to different districts. The Collector, Jhajjar issued a letter dated 14.01.2009 (Annex P-3) by which the seniority list of Patwaris working in District Jhajjar as on 01.01.2009 was circulated and objections invited within 15 days. After resolving the objections, another tentative list was circulated vide letter dated 16.04.2009. Ultimately, on 31.10.2009, a final seniority list of Patwaris working in District Jhajjar was circulated placing the name of the petitioner junior to respondent No.4. Aggrieved by the seniority list dated 31.10.2009, an appeal was preferred before the Commissioner, Rohtak Division, Rohtak. However, during the pendency of the appeal before the Commissioner, an order dated 30.01.2012 was passed by which respondent No.4, namely, Subhash Chander was promoted as Kanungo. The Commissioner, Rohtak by his order dated 30.05.2012 (Annex P-9) decided the appeal and remanded the matter back to Deputy Commissioner, Jhajjar directing him to prepare the final seniority list after affording an opportunity of hearing to all those patwaris whose seniority had been disturbed after issuing the tentative seniority list.

(3.) However, the District Collector, Jhajjar vide order dated 31.10.2012 dismissed the claim of the petitioner/s. The said order of the District Collector was challenged by the petitioner by filing CWP No.16334 of 2012 titled 'Anil Kumar Vs. State of Haryana & others'. During the pendency of the writ petition, the Commissioner, Rohtak Division, Rohtak by order dated 31.12.2012 allowed the appeal filed against the order of the Deputy Commissioner, Jhajjar and the matter was again remanded back to re- fix the seniority as per Haryana Land Records Manual, Rules 10(2), 10(3) and