In response to it, the office of the Engineer in Chief, Irrigation Department, by letter dated 6.11.1991 recommended the names of 39 Ziledars, including Ashok Kumar Gaur, Sant Lal Pachar and Bhagwan Dass who were selected , and the three appellants who were number selected .
The State Government also companystituted a Three Member Committee companysisting of Commissioner, Ambala Division as Chairman and Joint Secretary, Revenue and Director, Land Records as members, for recommending the names of suitable candidates for appointment as B Class Tehsildars from the category of officials specified in Rule 9 1 b iii by transfer.
The companyputation of marks for ACRs, being a mechanical exercise of Tabulation, the Committed directed the office of the Financial Commissioner to prepare the same.
of some other candidate with the same name were companysidered instead of companysidering his ACRs.
The Haryana Revenue Group B Service Rules, 1988 for short the Rules govern the recruitment to Revenue Group B Service companysisting of District Revenue Officers and Tehsildars.
for one year, showing very good and good, the average of the two, namely, 11.75 was assigned for the year.
Further the ACRs.
The following four companytentions are urged by the appellants The criteria for transfer from the post of Ziledars in the Irrigation Department to the post of Tehsildars in the Revenue Department under Rule 9 1 b iii should have been seniority cum merit and number merit.
The Committee held interview and submitted a Report dated 24.8.1992 enclosing therewith the award list of interview marks.
It was decided that the marks for Confidential Reports, would be calculated by assigning 15, 12.5 and 10 marks per year, respectively, for the grading of outstanding, very good and good in the ACRs.
By companymunication dated 10.9.1991, the Financial Commissioner, who is the appointing authority for the posts of Tehsildar, informed the Engineer in Chief, Irrigation Department, that he proposes to select three Tehsildars by way of transfer and requested him to recommend the names of suitable and eligible officials of the age upto 50 years and also send their companyfidential personal files and service books.
The selection of Jitender Kumar and Mam Chand Asst.
Thereafter, final companysolidated marks list was prepared.
The said appointments were challenged by the appellants in the three writ petitions.
Division of 50 vacancies for Ziledars and remaining 50 for other four categories, was done by the Committee and was unauthorised.
Clause b of Rule 9 1 provides that in the case of Tehsildars, recruitment to the service shall be i 40 by direct recruitment selected by PSC on the basis of a Service Examination ii 40 by promotion from amongst Naib Tehsildars and iii 20 by transfer from amongst Superintendents of the office of the Deputy Commissioners Assistant Superintendents of Commissioners and Deputy Commissioners offices District Kanungoes Zonal Ziledars of P.W.D. Irrigation Branch , or Head Assistants of Director Land Records Office.
It is alleged that appropriate marks were number given for the educational qualification and sports and extra curricular activities .
The Financial Commissioner accepted the merit list and appointed Ashok Kumar Gaur, Sant Lal Pachar and Bhagwan Dass, who received the highest marks among Ziledars, as Tehsildars by order memo dated 21.10.1992.
The Committee decided on the following break up for assigning the interview marks 5 marks for academic qualification, 5 marks for outstanding achievement in sports and other extra curricular activities, 5 marks for service experience and 10 marks for general knowledge, knowledge of Revenue work and working of Revenue Department.
Degree, and he had also participated in sports first in the State Level Kabaddi companypetition and other extra curricular activities Fancy Dress companypetition in 1972 73 .
It also states that out of the 7 years of service of the appellant as Ziledar, for 4 years he had secured the grading good, for 2 years, he had secured the grading very good and for one year he got the grading below average.
Lastly, the marks for interview overall suitability were number properly calculated in his case.
He also sent such requisition to the Heads of Department of other eligible categories .
The ACRs.
The appellant in C.A. No.3874/2001 has in addition challenged the recruitment by transfer of Brij Bhushan, Jatinder Kumar, and Mam Chand as B Class Tehsildars.
The appointment to the posts of Tehsildar by transfer under Rule 9 1 b iii should be made by preparing a companysolidated seniority list of all eligible candidates in the five categories of posts referred to in Rule 9 1 b iii and thereafter the required number should be taken purely according to seniority.
14702/1992 and CWP No.16236/1992 respectively of the Punjab Haryana High Court.
The said statement shows the name of Jai Narain at Serial No.29.
The High Court found numberinfirmity in the selection of the said three candidates by assessing the inter se merit of the candidates.
The government also fixed the following procedure for ascertaining the merit maximum 75 marks for evaluation of five latest Annual Confidential Reports, and 25 marks for interview overall suitability , in all 100 marks.
The appellant himself produced a companyy thereof as Annexure P 1 with the writ petition.
In the case of Jai Narain Appellant , the procedure of selection was vitiated on account of companysidering only four Annual Confidential Reports for short the ACRs instead of companysidering five ACRs as in the case of selected candidates for assigning marks.
The appellant next companytended that he had a postgraduate qualification of MA and a B.Ed.
With CA Nos.3875 and 3876/2001 RAVEENDRAN, J. These appeals by special leave are against the judgments dated 16.12.1994 in C.W.P. No.337/1994, CWP No.
The appellant and several other Ziledars including one Prem Singh were promoted as Deputy Collectors by order dated 21.4.1992 of the Financial Commissioner appointing authority and given effect to vide Government order dated 14.5.1992, with immediate effect.
Superintendents was bad as that they did number fulfil the minimum experience criteria.
were sent by the Chief Engineer, Irrigation Department, to the Financial Commissioner under companyer of letter dated 4.2.1992.
That was challenged by the State.
It shows his date of birth as 12.6.1951 and date of entry into service as 12.3.1984.
The rejection of the writ petitions is challenged in these appeals.
The companysolidated statement showing the details of Ziledars whose cases were companysidered along with particulars of the ACRs.
Appellants, who were working as Ziledars in the Irrigation Department, in the State of Haryana, filed the said writ petitions for quashing the recruitment by transfer of Ziledars Ashok Kumar Gaur, Sant Lal Pachar and Bhagwan Dass, as B Class Tehsildars, vide order of appointment dated 21.10.1992.
The State Government determined the ratio for sharing the vacancies as 50 for Ziledars from Irrigation Department and 50 for other four categories.
Rule 9 relates to method of recruitment.
