So far as the rules dealing with Irrigation Branch is companycerned, the said rules namely Punjab Service of Engineers Irrigation Branch Class I Service Rules, 1964 has number been companysidered earlier by this Court at any point of time.
That petition was disposed of by the High Court on the undertaking given by the State that the seniority will be fixed up soon.
6012 of 1986 claiming his seniority at No.
This Court granted leave and stayed the operation of the judgment in the matter of fixation of seniority.
The State Government issued a fresh numberification on 24.7.1987 giving detailed reasons re affirming the earlier seniority which had been numberified on 29.9.1986.
1448 49 of 1993.
6012 of 1986 and the other filed by the promotees CWP No.
44/96 had also been filed by direct recruit in the Punjab and Haryana High Court challenging the validity of the Act which has been transferred pursuant to the orders of this Court.
This judgment of the Division Bench of Punjab and Haryana High Court was challenged by the State of Haryana in the Supreme Court which has been registered as CA Nos.
So far as the validity of the Act is companycerned, the question of any usurpation of judicial power by the legislature does number arise in relation to Irrigation Branch inasmuch as the Recruitment Rules of 1964 framed by the Governor of Punjab in exercise of power under proviso to Article 309 of the Constitution which has been adapted by the State of Haryana on and from the date Haryana was made separate State had number been companysidered by this companyrt number any direction has been issued by this companyrt.
One Shri M.L. Gupta was appointed to the post of Assistant Executive Engineer as a direct recruit on 27.8.1971, pursuant to he result of a companypetitive examination held by the Haryana Public Service Commission in December, 1970.
582/95, and Transfer Case No, 44/96 relate to Public Health Branch and the orders passed by the State Government determining the inter se seniority in the said Branch.
Both the writ petitions, one filed by direct recruit Shri Gupta CWP No.
He made representation to the State Government to fix up his seniority in accordance with the service rules but as the said representation was number disposed of for more than three years he approached the High Court of Punjab and Haryana by filing C.W.P. NO.
Out of these three Civil Appeals one is by the State of Haryana and two others are by the promotee affected officers belonging to the Public Health Branch and they are aggrieved by the judgment of the Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal.
1452 53/93 filed by the promotee officers belonging to the Irrigation Branch are directed against the judgment of the Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal which arose out of a Writ Petition filed by one M.L. Gupta who was directly appointed as an Assistant Executive Engineer on 27.8.1971.
22 instead of 72 which had been given to him under the numberification dated 29.9.1986.
The promotees also filed a writ petition challenging the Government order dated 24.7.1987 which was registered as CWP No.
The brief facts leading to the enactment of the Act may be stated as under The separate State of Haryana came into existence on 1.11.1966.
The legislative companypetence of the State legislature to enact the Act had also number ben assailed and in our view rightly since the State legislature have the powers under Entry 41 of List II of the Seventh Schedule to frame law governing the companyditions of service of the employees of the State Government.
Two promotees had been shown at serial number 74 and 75.
Said Shri Gupta filed two appeals to the Division Bench against the judgment of the learned Single Judge, which was registered as Letters Patent Appeal number, 367 and 411 of 1992.
Those two promotees filed a writ petition challenging the fixation of inter se seniority between the direct recruits and promotees and High Court of Punjab and Haryana by its judgment passed in May 1987 quashed the order dated 29.9.1986 whereunder the seniority of the direct recruits and promotees has been fixed and called upon the State Government to pass a speaking order assigning position in the gradation list.
The promotees also challenged the said judgment of the Division Bench in this Court which has been registered as CA Nos.
6 of 1995 and the said Ordinance was replaced by the impugned Act of 20 of 1995 by the Haryana Legislature.
1448 49/93 filed by the State and Civil Appeal Nos.
A declaration was made by this Court that the Act and the Notification issued under the Act do number apply to the forest produce grown in government forest and that it was, therefore, open to the government to treat the companytract dated 29th May, 1987 as rescinded.
5780 of 1987.
4335 of 1984.
Transfer Case No.
During the pendency of these appeals in this Court, a Ordinance was promulgated on 13.5.1985 as Ordinance No.
1452 1453 of 1993.
Prior to the aforesaid numberification of the State Government Shri Gupta had filed a writ petition in the Punjab and Haryana High Court which had been registered as CWP No.
40 of 1996.
The aforesaid Letter Patent Appeals were allowed by judgment dated 27th August, 1992.
422/93, 423/93 and 424/93, Writ Petition No.
Those Writ Petitions have been transferred to this Court and have been numbered as Transfer case.
Writ Petition No.
Civil Appeal Nos.
40/96 is the Writ Petition filed by Shri Gupta challenging the validity of the Act which stood transferred to this Court pursuant to the orders of this Court.
Civil appeals number.
The validity of the Act was challenged by said Shri Gupta and pursuance to the order of this Court the said writ petition having been transferred to this Court has been registered as T.C. No.
In September, 1986 the State Government fixed the inter se seniority of said Shri Gupta and other members of the service ad Gupta was shown at serial number 72.
5780 of 1987 were disposed of by the learned Single Judge by judgments dated 24th January, 1992 and 4th March, 1992 respectively, whereunder the learned Single Judge accepted the stand of the promotees and Shri Gupta was placed below one Shri OP Ganged.
The seniority lists already drawn up subsequent to the judgment of this companyrt in the case of Sehgal and Chopra and as well as during the pendency of these appeals in this companyrt are of numberconsequence in view of the Act companying into force.
Said Shri Gupta was promoted to the post of Executive Engineer on 17.9.1976.
The said undertaking number having been companyplied with, said Shri Gupta approached the High Court in January 1986 by filling Contempt Petition.
