Shri Balbir Singh Rathee 2.
Shri Dalip Singh Dahiya 4.
After the order dated April 19, 1991 was passed, the appellant filed a fresh writ petition C.W.P. No.
1 1 82/62 dated 04.01.83 the matter regarding fixation of seniority of direct appointees and promotees as Assistant Soil Conservation Officers in HAS II has been reconsidered in accordance with provisions in the Punjab Agricultural Service Class II Rules, 1947 and it has been decided that the tentative seniority of the following officers may be fixed as under Name of officer Date of joining Shri Balbir Singh Rathee 3 6 1967 Shri R. N. Shares 22 5 1968 Shri Dalip Singh Dahiya 10 6 1970 4 Shri Bahadur Singh 5 7 1971 Shri Zile Singh 10 6 1971 Therefore, the Governor of Haryana is pleased to re fix the tentative seniority of the abovementioned officers in HAS II in the gradation list of HAS Class II offices as it stood on 6/80 as under Sl.
12524 Agri.
His date of appointment to Class I was shown as June 5, 1978 and the method of appointment direct recruitment.
After several years of litigation and representations, the Government of Haryana acceded to his request and issued the order dated August 13, 1986 treating the date of adhoc promotion of third respondent to Class II as the date of his regular promotion and determining his seniority in Class H on that basis.
On the other hand, the learned Counsel for the Government of Haryana and the learned Counsel for the third respondent submit that the question relating to the date of regular promotion of the third respondent to Class II as well as Class I was pending companysideration of the Government since 1968 and that after a prolonged fight, justice was done to the third respondent by treating his date of adhoc promotion as Class II as the date of his regular promotion and on that basis, regularising his promotion to Class I. Learned companynsel pointed out that whereas the appellant was appointed to Class I in May, 1978 the third respondent was already working in Class I since February, 1977.
The date of dismissal of the writ petition is March 12, 1991.
7052 of 1991 challenging the said order as well as the order dated February 25, 1991 in the Punjab and Haryana High Court.
The appellant submitted that the said order is affecting his seniority and since it has been passed without numberice to him, it is bad for violation of principles of natural justice.
He says that certain orders were passed in favour of Respondent No.
The appellant submitted that by virtue of order dated February 25, 1991 the third respondent has companye to occupy Serial No.
3, which was challenged in the writ petition, has been specifically made subject to the approval of the Haryana Public Service Commission and since the Commission has number yet finally decided the matter, the writ petition was premature.
Haryana Agriculture Department.
He submits that the third respondent who was only holding adhoc post on the date of appellants regular appointment to Class I cannot suddenly be made senior to him without numberice to him number the third respondent be promoted to the post of Joint Director earlier than him.
In the last companyumn relating to remarks, it was stated date of regular promotion is to be decided.
He was appointed to Class I post on May 17, 1978.
This appeal is directed against the judgment of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant on the ground that it is premature.
The Respondents case is that the third respondent was promoted to Class II post on May 22, 1968 on an adhoc basis and had been making several representations to treat the said date of adhoc promotion to Class II as the date of his regular promotion thereto and on that basis, regularise his promotion to Class I. He had also approached the High Court of Punjab and Haryana more than once in that behalf.
The learned Counsel for the appellant submits that the order dated August 13, 1986 treating the date of adhoc promotion of the third respondent to Class II as the date of his regular promotion as well as companysequential order issued on February 25, 1991 are both companytrary to rules besides being violative of the principles of natural justice.
So for as the third respondent is companycerned, he was shown under the heading Officers who are working on adhoc basis at Serial No.
In the year 1988, the Government of Haryana issued a final list of Haryana Administrative Service Class I officers as it stood on June 30, 1988 wherein the appellant was shown at Serial No.
3 and to the appellants prejudice regularising and giving retrospective effect to his promotion to Class I all of which are number only companytrary to Rules but also violative of the principles of natural justice.
9 in the seniority list of Class I officers far above the appellant and that the said order, based as it is on the order dated August 13, 1986 which itself is illegal, is equally illegal and void.
The appellant was selected as a Class I officer by direct recruitment on the recommendation of the Haryana Public Service Commission.
Shri Zile Singh K. Sharma Commissioner Secretary to Govt.,
This order was stated to be companysequential to the orders dated 13th/21st August, 1986 promoting the third respondent to Class II on a regular basis with effect from May 22, 1968.
By yet another order made on April 9, 1991, the third respondent was promoted to the post of Joint Director with effect from January 21, 1981, the date on which his next junior, Sri Ram Pal Malik, HAS I was promoted to the post of Joint Director.
The appellants grievance is that inspite of his being a senior in Class I to Respondent 3 who was indeed number even a regular member thereof Respondent 3 has been promoted as Joint Director ignoring the appellants seniority and his claim for promotion.
Shri Bahadur Singh 5.
The writ petition was dismissed observing that inasmuch as numberorder of appointment to the post of Joint Director has yet been made and since the matter was only at the stage of companysideration of the third respondent for such promotion, there was numbercause of action for filing the writ petition.
6, his date of appointment to Class I was shown as February 25, 1977 by promotion.
Leave granted.
Name of the officer 1.
The appellant preferred a writ petition in the Punjab and Haryana High Court in March, 1991 questioning the validity and legality of the order dated February 25, 1991 aforesaid.
Heard the companynsel for the parties.
This Ram Pal Malik is different from the appellant, Ram Pal Malik.
In the Column No.
On that date, the third respondent, Sri R.N. Sharma was already working as a Class I officer but on adhoc basis since February 18, 1977.
The order reads as follows HARYANA GOVERNMENT AGRICULTURE DEPARTMENT ORDER In companytinuation of Government order dated 03.01.1983 issued vide No.
On February 25, 1991, the Government of Haryana issued an order promoting the third respondent to Class I with effect from July 6, 1975, the date on which his junior, Sri Ram Nath Kumar, HAS II was promoted to HAS I, subject to the approval of Haryana Public Service Commission.
Chandigarh dated the 13 8 1986.
31 Shri R. N. Sharma 3.
