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The present petition under Articles 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus directing respondent No. 1 to revise the seniority list of the petitioner in the batch of the year 1996 which was selected in the year 1999, in view of the revised merit list sent by respondent No. 2-Haryana Public 1 of 33 Service Commission (herein after to be referred as 'Commission") and further prayer is for issuance of direction to the respondents not to convene the DPC for the vacancies of the year 2011-12, 2012-13, 2013- 14 during the pendency of the writ petition and till the seniority of the petitioner is re-fixed.

Petitioner-Manoj Kumar then submitted an application dated 28.06.2011 (P-13) under RTI Act to the Chief Secy Government of Haryana as to why the matter is being delayed inspite of the clarification/revised merit list sent by the Commission.

Thereafter, again various communications were sent between Commission and Chief Secy Haryana (P-14 to P-19) and the Commission took their stand that earlier the petitioner was placed at Sr. No. 19 inadvertently, as the Commission had not kept in mind instructions dated 24.05.1974 (P-21) and now the new revised seniority list dated 11.06.2004 has been finalized.

Despite all this, the tentative seniority list of the H.C.S (E.B) was drawn up and circulated among the officers of Government of Haryana, vide order dated 12.08.2005 and petitioner along with Shakti Singh were again placed at Sr. No. 19 and 20 of the seniority list and they submitted their objections to the Chief Secy. who while considering the objections of the Seniority list mentioned as under:-

"A decision of final seniority of Sh. Manoj Kumar and Sh. 
      Shakti      Singh      will   be      taken    after         the   receipt   of
                                         4 of 33







      information/clarification       of    the   Haryana         Public   Service

At the same time, petitioner has filed his objection against the tentative seniority list and the Chief Secy Government of Haryana while considering the objection, observed that the final decision will be taken after receiving clarification from the Commission, vide order dated 12.12.2006 (P-20).

In a separate written statement filed by respondent No 1 on 11.08.2015, it has been stated that vide letter dated 04.05.1999 written by the Commission to the Chief Secretary Haryana, they recommended the names of the candidates in order of merits and the name of petitioner Manoj Kumar was placed at Sr No 19 in the seniority list of 20 posts of Haryana Civil Services (Executive Branch), which were advertised on 24.04.1996 along with other allied services. Out of these 20 posts, 02 were reserved for Ex Servicemen category. Petitioner was placed at Sr. No. 19 and Shakti Singh at Sr. No. 20 under the ESM category, vide order dated 17.05.1999. Thereafter, the Commission vide letter dated 11.06.2004 (P-2) corrected the merit list of HCS (E.B) 16 of 33 and other allied services Examination, 1996 and the topper of the batch was shown as Jitender Kumar with 77% marks and Manoj Kumar obtained second position by securing 71.1% marks and the third person in the merit list was respondent No. 3 Hema Sharma, who got 69.6% marks. Thereafter, vide letter dated 11.06.2015 (R-1/6), the Commission conveyed its views regarding the revised merit list pertaining to the year 1996 examination. After considering the views of the Commission and the legal preposition, the views expressed by the Commission were accepted by the Government, vide letter dated 21.07.2015 (R-1/7) i.e the revised recommendations of the Commission, vide letter dated 11.06.2004 (P-2). Thereafter, vide letter dated 10.08.2015, the Government again considered the matter and kept the matter in abeyance.