Punjab-Haryana High Court
Dharam Singh Yadav vs State Of Haryana And Ors on 17 November, 2022
Author: Arun Monga
Bench: Arun Monga
CWP No.3428 of 2020 (O&M)
275 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Reserved on :22.09.2022
Pronounced on :17.11.2022
1) CWP No.3428 of 2020 (O&M)
Dharam Singh Yadav ...Petitioner
Versus
State of Haryana and others ...Respondents
2) CWP No.7473 of 2021 (O&M)
Dharam Singh Yadav ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE ARUN MONGA
Present : Mr. B.S. Patwalia, Advocate
for the petitioner (CWP-3428-2020).
Mr. Amit Jhanji, Sr. Advocate with
Mr. Abhishek K. Premi, Advocate
for the petitioner (CWP-7473-2021).
Mr. Gurminder Singh, Sr. Advocate with
Mr. J.S. Gill, Advocate
for respondent No.4.
Mr. Hitesh Pandit, Additional A.G., Haryana.
***
ARUN MONGA, J.
Vide this common order and judgment above titled, two Writ Petitions are being decided, since the facts involved therein are common and even the fate of the issues to be adjudicated is inter-connected and the ASHISH 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 1 of 19 CWP No.3428 of 2020 (O&M) outcome of the former involving claim for promotion would necessarily govern the latter qua determination of seniority. For convenience, facts/recitals are being taken from the latter of the two writ petitions i.e., CWP No.7473 of 2021 (O&M), since it also covers the developments post filing of the first petition.
2. In CWP No.3428 of 2020, the petitioner, currently serving as Joint Director in the Horticulture Department, inter alia, seeks to restrain the official Respondents from making promotions to the post of Additional Director before issuing final seniority list of Class-I and Class-II posts. In the subsequent petition bearing CWP No.7473 of 2021, he inter alia seeks quashing of tentative seniority list dated 11.01.2017 which has been treated as final vide impugned office letter dated 15.02.2021 (Annexure P-30), wherein the respondent No.4 has been shown as senior to the petitioner. He further seeks quashing of report of the Committee constituted to decide the objections against the tentative seniority list (Annexure P-29).
3. Factual narrative first.
3.1. Sometime in the year 1990, the Department of Horticulture was carved out from the Agriculture Department and was given separate identity as an independent department. Since the Department of Horticulture consists of various posts categorized in Group A, B & C, separate rules have been framed governing the recruitment/promotions for separate categories. More of it later.
3.2. Respondent No.4, with whom the petitioner is competing for the post in question i.e., the Additional Director, Horticulture, was appointed as Horticulture Development Officer (HDO), Group C (Class ASHISH III) in Scheduled Caste category on 07.05.1992 by way of direct 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 2 of 19 CWP No.3428 of 2020 (O&M) recruitment. Subsequently, he was promoted as Technical Assistant, Group C (Class III) on 12.11.1997 against a reserved post meant for Scheduled Caste category. Vide promotion order dated 22.11.1999 (Annexure P-10), six persons were promoted to the post of District Horticulture Officer. Out of them, one Ram Pal Mithan was then working as HDO and was junior to respondent No. 4 in the feeder cadre of HDOs. 3.3. The claim of respondent No. 4 for promotion was rejected vide office order dated 06.02.2001 (Annexure R-4/6) on the ground that he did not fulfil the requisite experience either as Technical Assistant or as Horticulture Development Officer and in any case the seniority of respondent No.4 had yet not been finalized in accordance with the Supreme Court judgment in Ajit Singh II's case. This was done despite his objection that his junior, Ram Pal Mithan was promoted. 3.4. Aggrieved, respondent No.4 approached this Court vide CWP No.4151 of 2001 and the said writ petition was admitted for final adjudication. Subsequently, he made another representation dated 12.01.2007, claiming that he being senior to one Satpal Aggarwal, who too was promoted as HDO on 22.11.1999 (Annexure P-10), he was entitled to be promoted as per Eighty Fifth Amendment of the Constitution of India, 2001. The validity of the said amendment was upheld by the Supreme Court on 19.10.2006 vide judgment rendered in Writ Petition (Civil) No.61 of 2002 titled as M. Nagaraj and others vs. Union of India, 2006(8) SCC 212.
3.5. In this background, legal opinion of the then Learned Advocate General was also sought, and vide advice dated 16.10.2007, he opined that respondent No.4 was still not entitled for promotion, ASHISH notwithstanding M. Nagaraj's case ibid. Reliance was placed on 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 3 of 19 CWP No.3428 of 2020 (O&M) administrative instructions dated 16.03.2006 and clarification thereof vide letter dated 27.12.2006 to contend, that since the promotions as well as the seniority in the present case had already been determined prior to 16.03.2006, therefore, respondent No.4 could not claim his promotion retrospectively w.e.f. 22.11.1999 i.e. the date when others were promoted. Subsequently, it appears that the competent authority in department had change of mind and on its own volition came to the conclusion that, rejection of the claim of respondent No.4 for promotion, on ground of his not having requisite experience to the post of District Horticulture Officer as on 22.11.1999, was erroneous and misplaced.
3.6 In the aforesaid premise, respondent No.4 filed an application bearing CM No.6203 of 2011 in the pending admitted writ petition bearing CWP No.4151 of 2001, seekinga direction to the department to reconsider hisclaim and pass appropriate orders. His writ petition was accordingly disposed of vide order dated 28.03.2012 (Annexure P-15) with direction to the State to reconsider his case. It was in this backdrop that a fresh order dated 21.09.2012 (Annexure P-16) was passed granting retrospective promotion to respondent No.4 on the post of District Horticulture Officer w.e.f. 24.11.1999, i.e. when his junior Ram Pal Mithan was promoted as DHO.
3.7. Respondent No.4, thus naturally became senior to the petitioner, who was appointed as District Horticulture Officer on 15.05.2003 by direct recruitment. Again respondent No.4 was given promotion to the post of Deputy Director, Horticulture with retrospective effect from 20.01.2012 i.e., the date when others were accorded promotions on the same post.
ASHISH 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 4 of 19 CWP No.3428 of 2020 (O&M) 3.8. The petitioner thus contends that the entire exercise of according retrospective promotion to respondent No. 4, first as DHO from 24.11.1999 (Annexure P-16) long after petitioner's direct recruitment as DHO on 15.05.2003 and again as Deputy Director Horticulture retrospectively from 20.01.2012 vide order dated 10.12.2012 (Annexure P-17) is a complete hogwash and a colourable exercise of power. What requires adjudication thus is whether the promotion of respondent No.4 to the post of District Horticulture Officer (DHO) w.e.f. 24.11.1999 and his further promotion as Deputy Director Horticulture retrospectively from 20.01.2012 were rightly accorded/given.
3.9. As stated, the petitioner was appointed as District Horticulture Officer, Group B (Class-II) on 15.05.2003 through direct recruitment in General category. He though pleads that he is also physically handicapped, but never took any advantage of the said category. Subsequently, he was promoted to the post of Deputy Director on 09.11.2012, followed by another promotion as Joint Director w.e.f. 12.09.2014.
4. In this background, let us now examine the claim of the petitioner vis-à-vis that of respondent No.4. At this stage it would be apposite to have a look at the eligibility conditions, per applicable Rules, for direct recruitment as well as promotion on the posts in question which are categorized in different categories. For ready reference, the tabular charts of relevant extracts from the statutory rules are as below: -
The Haryana Horticulture (Group C) Service Rule, 1998
1. Technical Assistant -- by promotion-
Five years experience as Horticulture Development Officer ASHISH 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 5 of 19 CWP No.3428 of 2020 (O&M) by transfer or deputation -
(i) Should be working as
Technical Assistant or on
any equivalent post,
possessing the degree of
B.Sc. Agriculture with
Horticulture as one of the
subjects, or B.Sc.
Horticulture from any
recognized University; and
(ii) Knowledge of Hindi
Upto Matric standard
2. Horticulture (i) B.Sc. Agriculture by promotion-
Development (Hons) with
Officer Horticulture as one of (i) Five years experience as
the subjects or B.Sc. Horticulture Supervisor.
Horticulture, from any
recognized University; (ii) B.Sc. Agriculture
and (Hons.) with Horticulture as
one of the subjects, or B.Sc.
(ii) Knowledge of Horticulture from any
Hindi upto Matric recognized University;
standard and
(iii) Knowledge of Hindi upto Matric standard.
by transfer or deputation -
(i) Should be working as Horticulture Dev. Officer or on any equivalent post, possessing degree of B.Sc.
Agriculture with Horticulture as one of the subjects, or B.Sc. Horticulture from any recognized University;
and
(ii) Knowledge of Hindu Upto Matric standard.
The Haryana Horticulture (Group B) Service Rule, 1998
2. District Horticulture (i) 2nd Class M.Sc. By promotion-
Officer Horticulture from a recognized University; Five years experience on the post of Technical Assistant
(ii) Hindi upto Matric or seven years experience as Standard; Horticulture Development Officer OR by transfer or deputation -
(i) B.Sc. Agriculture (i) Two years experience as (Hons.) with Superintendent, Horticulture, Horticulture including District Horticulture Officer, Floriculture, Fruit Specialist, Vegetable Promiculture, Specialist, Floriculturist or ASHISH 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 6 of 19 CWP No.3428 of 2020 (O&M) Olericulture or State Sericulture Officer;
Sericulture as one of
the subject or B.Sc. (ii) Hindi upto Matric
Horticulture; Standard.
(ii) Five Years
practical experience in
Horticulture
Development Work.
(iii) Hindi upto Matric
Standard.
The Haryana Horticulture (Group A) Service Rule, 1998
2. Joint Director of -- i) Five years experience as Horticulture Deputy Director or any other equivalent posts.
ii) Knowledge of Hindi upto Matric Standard.
3. Deputy Director of (a) 2nd Class M.Sc. (i) Five years experience as Horticulture Horticulture from a District Horticulture Officer recognized University; or Superintendent Horticulture, Pinjore and
(b) Five years practical Kishanpura (Jind) or experience in Vegetable Specialist or horticulture research or Floriculturist and State extension or both, after Sericulture Officer.
acquiring the minimum basic qualification; and (ii) Knowledge of Hindi upto Matric standard.
(c) Hindi upto Matric standard.
5. Group 'A' Rules, supra, were subsequently amended vide notification dated 28.07.2011, whereby for the first time the post of Additional Director was introduced as a promotional avenue which is the bone of contention herein. For ready reference, the extract of the amended Rule is reproduced herein:-
The Haryana Horticulture (Group A) Service (Amendment) Rules, 2011
1. Director General -- By promotion -
(i) Ten years experience as Joint Director or ten years combined experience as Additional Director and Joint Director;ASHISH
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(ii) Hindi/Sanskrit upto
Matric standard or higher
education.
By transfer-
(a) for officers of State
Government or Government
of India-
(i) M.Sc. (First Class) in
Horticulture from recognized
university or institution;
(ii) Three years experience
as Director
(a) Faculty Member-
(i)Professor of
Horticulture/Floriculture of a
recognized Agricultural
University;
(ii) Hindi/Sanskrit upto
Matric standard or higher
education.
1A. Additional Director -- (i) Five years experience as
Joint Director or on any
equivalent posts;
(ii) Hindi upto Matric
standard or higher education
6. Admittedly, the order dated 21.09.2012 (Annexure P-16) granted retrospective promotion to respondent No.4 on the post of District Horticulture Officer w.e.f. 24.11.1999 i.e., the date his junior Ram Pal Mithan, then working as Horticulture Development Officer was promoted as DHO. Vide another order dated 10.12.2012 (Annexure P-17), respondent No.4 was promoted as Deputy Director Horticulture retrospectively from 20.01.2012.
7. Under Rule 11 of the Haryana Horticulture (Group B) Service Rules-1998, seniority inter-se of members of the service is to be determined by the length of continuous service on any post in the service.
It was thus abundantly clear to the petitioner, when orders dated ASHISH 21.09.2012 and 10.12.2012 were issued, that respondent No. 4 became 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 8 of 19 CWP No.3428 of 2020 (O&M) entitled to seniority from 24.11.1999 on the post of District Horticulture Officer and, also seniority from 20.01.2012 as Deputy Director on the basis of length of his service on these respective posts. Till the filing of these two writ petitions herein (No. 3426/2020 and 7473/2021), petitioner did not challenge the aforesaid two orders. No explanation for this delay has been given in writ petition No. 3426/2020, the first of the two. 7.1. In para No.9 of the preliminary objections of the written statement of respondent No. 4, it was stated, inter alia, that the petitioner was aware of the passing of aforesaid orders. The same is also reflected from order dated 12.09.2014 (Annexure R-4/10), whereby respondent No. 4 and the petitioner, both were promoted as Joint Directors and respondent No. 4 was placed above the petitioner. In this regard, the petitioner has maintained complete silence in his replication to the written statement of respondent No. 4. This clearly shows that at least since 12.09.2014, if not earlier, the petitioner had knowledge of the orders dated 21.09.2012 (Annexure P-16) and 10.12.2012 (Annexure P-17) whereby respondent No. 4 was given promotion as District Horticulture Officer and Deputy Director respectively from retrospective dates. 7.2. In connected writ petition No. 3428/2020, petitioner has averred that litigation referred therein was already pending before this Court and, also the fact that the seniority of class I and class II posts had till then not been finalized. He, therefore, did not challenge the above- mentioned orders dated 21.09.2012 and 10.12.2012. This was done in view of the pendency of appeal bearing LPA No. 957 of 2016 filed by the Department and two other LPAs tagged/clubbed therewith as they all pertained to the issue of seniority of class I and class II officers of the ASHISH Department.
2022.12.08 17:23I attest to the accuracy and integrity of this document Page 9 of 19 CWP No.3428 of 2020 (O&M) 7.3. It is neither shown on record nor even claimed by the petitioner that orders dated 21.09.2012 (Annexure P-16) and 10.12.2012 (Annexure P-17) for promotion of respondent No. 4 as District Horticulture Officer and Deputy Director, respectively from retrospective dates were the subject matter of challenge in the aforesaid pending litigation. In any case, this explanation is quite at variance with the one given in writ petition No. 7473/2021, as already narrated above. I am, therefore, not at all convinced with the explanation offered by the petitioner to justify the long delay on his part in challenging the afore- mentioned orders. The petitioner's long inaction shows his acquiescence thereto. In any case, to my mind, the petitioner is precluded at this belated stage from questioning the correctness and legality of these orders dated 21.09.2012 and 10.12.2012.
8. Furthermore, may be a technical view point though, but even in the present writ petitions (Nos. 3426/2020 and 7473/2021), the petitioner has not sought any relief for setting aside the aforesaid orders. His attempts to point fingers at and find fault with administrative orders, without seeking to set them aside is a mere shadowboxing, to say the least. It does not, therefore, seem necessary for the Court to go into the merits of and adjudicate upon the petitioner's contentions against the legality and correctness of these orders. Nonetheless, to avoid prejudice, his contentions to the contrary are being taken up and dealt with hereunder.
9. It has been contended that, firstly, at the relevant time, respondent No. 4 did not have either the prescribed 7 years experience as Horticulture Development Officer or 5 years experience as Technical ASHISH Assistant, and thus, was ineligible for promotion as District Horticulture 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 10 of 19 CWP No.3428 of 2020 (O&M) Officer. The Ld. Advocate General, Haryana and Legal Remembrancer to the State Government also took cognizance of this fact and advised that respondent No.4 was indeed ineligible. The official respondents had therefore not found him fit for promotion. Later, however, by taking an about turn, the official respondents promoted respondent No. 4 as District Horticulture Officer, and that too retrospectively. Further, the official respondents have also taken a similar stand in reply to the writ petition filed by respondent No. 4.
10. I am unable to accept the contention that respondent No. 4 did not fulfil the requirement of experience for promotion as District Horticulture Officer from 22.11.1999. Admittedly, he was appointed as Horticulture Development Officer on 07.05.1992 and promoted as Technical Assistant from 12.11.1997. Vide order dated 21.09.2012 (Annexure P-16) he was retrospectively promoted as District Horticulture Officer w.e.f. 24.11.1999. But for promotion as Technical Assistant from 12.11.1997, he would have continued to work as Horticulture Development Officer and would have attained the prescribed 7 years experience as such on 24.11.1999 for promotion as District Horticulture Officer. He could not be left worse than that by promotion as Technical Assistant.
10.1. In my opinion, the nature of experience on the promotional post of Technical Assistant and on the lower post of Horticulture Development Officer in the feeder cadre was in the same line and common field. The experience gained by respondent No. 4 on the promotional post would in any case be of a higher level and not less than the level of his experience on the lower post of Horticulture Development ASHISH Officer. It was, therefore, quite logical, rational, reasonable, just, and fair 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 11 of 19 CWP No.3428 of 2020 (O&M) to add the petitioner's experience on the promotional post of Technical Assistant to his experience on the lower post of Horticulture Development Officer for determining his eligibility for promotion as District Horticulture Officer. Since the length of combined experience of respondent No. 4 on these two posts was admittedly more than seven years, it made him eligible at the relevant time for promotion as District Horticulture Officer.
11. Obviously, the official respondents had initially taken an erroneous view of the matter and found that respondent No. 4 was not eligible for promotion as at the relevant time he did not have the required experience for respective posts and had also projected the same stand in answer to the writ petition filed by respondent No. 4. This did not prevent the official respondents from correcting their earlier mistake of depriving respondent No. 4 of the legal entitlement to addition of his experience on the promotional post of Technical Assistant to his experience on the lower post of Horticulture Development Officer, for determining his eligibility for promotion as District Horticulture Officer from 24.11.1999. To my mind, the official respondents only corrected their initial mistake by adding the petitioner's experience on the promotional post of Technical Assistant to his experience on the lower post of Horticulture Development Officer for determining his eligibility for promotion as District Horticulture Officer. No exception can, therefore, be taken to the same.
12. Secondly, it was contended by learned counsel for the petitioner that at the relevant time, no post of District Horticulture Officer was available against the promotional quota and yet respondent No. 4 was given promotion to the said post. To my mind, this contention too is ASHISH without any substance. The petitioner has asserted that when the order 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 12 of 19 CWP No.3428 of 2020 (O&M) dated 22.11.1999 (Annexure P-10) was passed, promoting five Technical Assistants and one Horticulture Development Officer as District Horticulture Officers (including Ram Pal Mithan), the total cadre strength of DHOs was 29 posts. Out of them, 20 posts were meant for promotional quota and 9 were for direct recruitment. According to him, 18 out of the 20 promotional quota posts were already filled/occupied by promotees and that the incumbents promoted vide order dated 22.11.1999 were promoted beyond the sanctioned quota meant for promotees and their promotions were against the quota of direct recruits. 12.1. The petitioner's own assertions are self-contradictory. On one hand, he says that 18 out of the 20 promotional quota posts were already filled/occupied by promotes, meaning thereby, that at least two more posts of promotional quota were still available at the relevant time. In the same breath, he claims that the promotion of all six persons as District Horticulture Officers vide order dated 22.11.1999 (Annexure P-10) was beyond the quota of 20 promotional posts.
13. Report of the Seniority Committee (Annexure P-29) shows inter alia that vide letter dated 08.10.1999 the Director General, Horticulture sent a panel of 7 candidates with the proposal to the Government for filling up 7 posts of DHOs by adhoc promotion- 3 posts of promotion quota and 4 posts of direct recruitment quota. In that panel, respondent No. 4 Ranbir Singh was senior most and subsequently his name was recommended for promotion against the available promotional quota post, whereas the candidates at serial No. 4 onwards were promoted against the direct recruitment quota posts. It means that before petitioner's direct recruitment as DHO on 15.05.2003, two more ASHISH candidates junior to respondent No. 4 were also promoted as DHOs 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 13 of 19 CWP No.3428 of 2020 (O&M) against the then-available promotion quota posts. The Committee, therefore, observed that the claim of the petitioner for reverting Ranbir Singh (respondent No.4) and for placing the petitioner above him in the seniority list of DHOs was not tenable.
14. In this connection, the stand of official respondents is that Ram Pal Mithan, junior to the petitioner, had also been promoted as District Horticulture Officer vide order dated 22.11.1999 (Annexure P-10), even though he (Ram Pal Mithan) had not caught up with respondent No. 4 as Technical Assistant. As such, the Department passed order dated 21.09.2012 (Annexure P-16) promoting respondent No. 4 also as District Horticulture Officer with effect from the date of promotion of his junior Ram Pal Mithan. Vide order dated 10.12.2012 (Annexure P-17) respondent No.4 was further promoted as Deputy Director w.e.f. 20.01.2012 i.e., the date from which another junior Rajbir Singh was promoted as Deputy Director.
15. In my opinion, respondent No. 4 was entitled to these promotions from the dates his aforesaid juniors had been promoted. There seems no illegality in order dated 21.09.2012 (Annexure P-16) promoting respondent No. 4 as District Horticulture Officer with effect from 24.11.1999, i.e., the date of promotion of his junior Ram Pal Mithan. Similarly, there seems nothing illegal in order dated 10.12.2012 (Annexure P-17) promoting respondent No. 4 as Deputy Director with effect from 20.01.2012, i.e., the date on which his other junior Rajbir Singh was promoted as such.
16. It is also pertinent here to refer to Rule 9(3) of the Haryana Horticulture (Group B) Service Rules, 1998. It provides that as and when ASHISH any vacancy occurs or is about to occur, unless otherwise provided, the 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 14 of 19 CWP No.3428 of 2020 (O&M) appointing authority shall determine the method (promotion, direct recruitment, or transfer) by which the same shall be filled. It seems thus that if the circumstances so warrant, the appointing authority while determining so, can also resort to some deviation from the prescribed quota for promotion or direct recruitment. In any case, therefore, the promotion of respondent No. 4 as District Horticulture Officer with effect from 24.11.1999 cannot be termed illegal on the ground that the same was in excess of the quota of promotional posts.
17. In LPA No. 957 (O&M) of 2016 an order dated 28.02.2017 (Annexure R-4/13) was passed by a Division Bench of this Court directing that an impartial committee of officers having no conflict of interest with the respondent department be set up to decide on objections received against the circulated tentative seniority list. The decision of the Committee was to be then independently examined by the State Government before finalization of seniority. Accordingly, the Government issued an order dated 18.08.2017 (Annexure R-4/14) constituting a Committee of four officers (hereafter described as the Seniority Committee).
17.1. The petitioner, vide letter dated 18.06.2018 (Annexure P-24) filed his objections against the tentative seniority list. After considering his objections and also hearing the petitioner, the Seniority Committee submitted its impugned report contained at Annexure P-29, of which the relevant part pertaining to the petitioner is as under:
Sr. Name of Officer & Objections Grounds of Recommendations of the No. his representation raised objections Committee dated
3. Dharam Singh Promotion of Sh. Ranbir Singh The committee Yadav, Joint Sh.Ranbir was appointed as considered the matter at Director Singh on the Horticulture length and observed ASHISH Horticulture (Head post of District Development that:-2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 15 of 19 CWP No.3428 of 2020 (O&M)
Quarter) (C/6) dated Horticulture Officer (HDO) on 1. The applicant is 25.01.2017, Officer w.e.f. 07.05.1992 under challenging the 23.08.2017 and 24.11.1999 is SC category. He was seniority as per roster
18.06.2018 invalid, hence, promoted as point given to Sh.
he may be Technical Assistant Ranbir Singh on the post reverted back (TA) on 12.11.1997 of Technical Assistant as Tehnical against Roster point (TA) as Class-III. The Assistant of SC. While issue of seniority of (TA). considering his case Class-III employee is Consequently, for promotion as not covered in the his (Dharam District Horticulture mandate of this Singh Yadav) Officer in 1999 he committee. Therefore, it seniority as was found ineligible is presumed that his District due to lack of promotion as Technical Horticulture experience and Assistant (TA) and Officer (DHO) ignored. Later on he placing him at relevant may be re- filed CWP 4151 of roster point is correct. fixed below 2001 and Misc. 2. He is challenging the Sh. Atar Singh No.6203 of 2011 promotion given to Sh. Sangwan and which was decided Ranbir Singh as District above Sh. on 28.03.2012 Horticulture Officer Amar Singh directing the (DHO) on the advice of who was department to decide Chief Secretary issued promoted his representation. vide U.O. against direct The department on No.22/1/2000-1GS-III, quota post. the advice of Chief dated dated 29.08.2012, Consequently, Secretary counted which is also not in the seniority the joint experience covered in the mandate of Class-I his of Horticulture of this committee. seniority may Development 3.As per office record be fixed after Officer (HDO) and provided to the Sh. Atar Singh Technical Assistant Committee the Director Sangwan and (TA) and promoted General Horticulture before Sh. him District vide its letter dated Bharat Horticulture Officer 08.10.1999 sent the Bhushan who Class-II w.e.f. proposal to the Govt. for was promoted 24.11.1999. The filling up the 7 post of as Class-II advice of Chief D.H.O. (Class-II) that is against direct Secretary is 3 post of promotion quota. contradictory to quota and 4 posts of rules and advice of direct quota (by adhoc LR Haryana. He has promotion). A panel of been given following was sent.
accelerated seniority Sr Seni Name
and promotion N ority and
which is against o No. Design
Supreme Court ation
judgment in Sh. Ajit 1 15A Sh.
Singh II case. Ranbir
Moreover, the Singh,
promotion have been TA
made against direct 2. 16 Sh.
quota post. SatpalA
Therefore, his ggarwal
promotion is invalid TA
and consequently he 3. 17 Sh.
may be placed above Dharam
Sh. Ranbir Singh vir
and Sh. Amar Singh Singh,
in the Seniority of TA
Class-II. 4. 18 Sh.
Dharam
Singh
TA
ASHISH
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CWP No.3428 of 2020 (O&M)
5 19 Sh.
Laxmi
Naryan
Sharma
, TA
6 20 Sh.
P.C.Sha
rma TA
7 21 Sh.
Ram
Pal
Mithan,
HDO
8 22 Sh.
Rajbir
Singh,
HDO
9 23 Sh.
Nafe
Singh,
HDO
From perusal of above
table it is clear that Sh.
Ranbir Singh was senior
most in the panel
besides his name was
recommended against
the promotion quota
available. So it is wrong
that Sh. Ranbir Singh
was promoted against
the direct quota post. In
fact Sr. No.4 Seniority
No.18 onwards were
promoted against direct
quota post. Therefore,
the claim of Sh. Dharam
Singh Yadav for
reverting Sh. Ranbir
Singh and place him
above Sh. Ranbir Singh
in the seniority of
District Horticulture
Officer (DHO) Class-II,
is not tenable. Further,
his for placing him
above Sh. Amar Singh
who was promoted as
District Horticulture
Officer (DHO) (Class-
II) on 29.10.1997.
Though, he was
promoted against direct
quota post but he was
subsequently adjusted
against the vacancy
occurred due to
retirement of Sh. Satpal
Singh Rana on
31.01.1998 (Promotee
Class-II). Sh. Dharam
Singh Yadav was
appointed as Direct
ASHISH
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CWP No.3428 of 2020 (O&M)
recruit District
Horticulture Officer
Class-II on 27.05.2003,
whereas, Sh. Amar
Singh was promote of
1997 and his promotion
was already regularized
against the promotion
quota post occurred due
to retirement of Sh.
Satpal Singh Rana on
31.01.1998 much before
the appointment of Sh.
Dharam Singh Yadav.
Hence, his claim for
Seniority above Sh.
Amar Singh in Class-II
is not not found tenable.
18. There is nothing wrong or illegal in the view taken by the Seniority Committee in its impugned report contained at Annexure P-29, qua the petitioner's objections against the tentative seniority list. The contention to the contrary is, therefore, rejected.
19. After considering the said report of the Seniority Committee, the competent authority issued order dated 15.02.2021 treating the tentative seniority list issued on 11.01.2017 (Annexure P-30) as final. In the said seniority list of class II officers, respondent No. 4 Ranbir Singh was placed at serial No. 38 while the petitioner was put at serial No.47. In the seniority list of class I officers, respondent No. 4 Ranbir Singh was assigned serial No. 27 while the petitioner's placement was at serial No.32. In my opinion, the seniority of respondent No. 4 was rightly determined above that of the petitioner in both the seniority lists.
20. As a result of the above discussion, there is no merit in CWP No.7473 of 2021, as also in the connected writ petition No. 3428 of 2020. Accordingly, both these petitions are dismissed. ASHISH 2022.12.08 17:23 I attest to the accuracy and integrity of this document Page 18 of 19 CWP No.3428 of 2020 (O&M)
21. Pending civil miscellaneous application, if any, also stands disposed of.
November 17, 2022 ( ARUN MONGA )
ashish JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
ASHISH
2022.12.08 17:23
I attest to the accuracy and
integrity of this document Page 19 of 19