BHIWANI PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment would dispose of two writ petitions bearing No. 12403 and 15845 of 1998 as both the petitioners in the said petitions have claimed seniority amongst themselves and also against Sh. Sher Singh, common respondent, to the post of Assistant. As such, the above said petitions are being disposed of by a common judgment. In CWP 15845 of 1998, the petitioner Bhiwani Parshad has arrayed Sarvshri Sher Singh and Rattan Lal as respondents whereas in CWP 12403 of 1998, petitioner Rattan Lal has arrayed Sarvshri Sher Singh and Bhiwani Parshad as respondents.

(2.) It would be appropriate to take the facts from CWP 15845 of 1998. In this petition Shri Bhiwani Parshad petitioner has impugned the order dated 30.9.1998, annexed as Annexure P8, vide which he has been reverted to the post of Clerk from Assistant and has been placed on ad hoc basis till his turn matures against the post of Clerk on regular basis against promotional quota.

(3.) Sarvshri Bhiwani Parshad, Sher Singh and Rattan Lal joined as Peons on 29.8.1961, 15.9.1964 and 16.3.1970 respectively in the then pay scale. Gradation list of non-gazetted officers was circulated on 1.1.1984 and Sarvshri Bhiwani Parshad, Sher Singh and Rattan Lal were shown at Serial No. 5, 10 and 23 respectively. The said list is attached as Annexure P1. It is an admitted fact that there is a provision for appointing Clerks in the promotion quota to the extent of 20% from Class IV employees. As per the Service Rules of Group-C, only those officials become eligible for promotion against 20% quota who are matriculates and as such could be considered for promotion to the post of Clerks. Sarvshri Bhiwani Parshad, Sher Singh and Rattan Lal passed their matriculation examination on 25.7.1982, 13.8.1981 and 11.2.1982 respectively. This fact has not been denied by the State. It is obvious that all the above said three officials became eligible to be considered for promotion to the post of Clerks after the respective dates of their passing the matriculation examination. However, the fact cannot be lost sight of fixation of seniority of the officials as had been circulated on 1.1.1984. Sarvshri Sher Singh and Rattan Lal respondents were promoted to the post of Clerk on ad hoc basis against the vacancies of direct recruits quota on 30.7.1982, copy Annexure P3. Shri Bhiwani Parshad made a representation categorically objecting to the promotion of both the said officials, they being junior to him. Another office order was issued, which is dated 29.8.1982, vide which Bhiwani Parshad was also promoted as Clerk in the pay scale of Rs. 400-10-490/540-15-600-EB-20-660. It has been noticed that both the orders categorically provided that the officials were promoted on six months basis or till the candidate from the Subordinate Service Selection Board (hereinafter referred to as the Board) joined, whichever was earlier and the said appointment was purely on ad hoc basis.