- (1.)Ram Niwas and 31 others have filed the present writ petition under Articles 226/227 of the Constitution of India seeking the issuance of a writ in the nature of Certiorari so as to quash the seniority list dated 9th of September, 1987 issued by the Chief Secretary and the orders dated 31st of March, 1988 contained in letter dated 16th of May, 1988 (Annexures P/9, P/9-1 and P/11). They further seek a direction to be issued to respondent No.1 not to act upon the impugned orders/seniority list and instead treat the petitioners senior to respondent Nos.2 to 60 amongst the Clerks and recast the seniority list on that basis.
(2.)The facts, as culled out from the averments in the petition, reveal that the petitioners in pursuance of the advertisement published by the Subordinate Services Selection Board, Haryana, applied for their appointments against certain posts of Clerks which were lying vacant in Haryana Civil Secretariat. They were selected and the Subordinate Services Selection Board vide its letter dated 27th of August, 1982, forwarded a list of the selected candidates including the petitioners to the Chief Secretary for the purposes of issuing them appointment letters. On receipt of the recommendations of the Board, the Chief Secretary vide letter dated 14th September, 1982 appointed them against the posts of Clerks in Haryana Civil Secretariat. The question regarding determination of seniority of the candidates appointed by the Subordinate Services Selection Board and Public Service Commission remained under consideration of the Government and was ultimately resolved by way of issuing Government instructions addressed to all the Heads of the Departments in the State dated 29th March, 1957, 15th of March, 1962 and 24th of November, 1962. It is pleaded that it was laid down in these instructions that the temporary appointments made without the recommendations of the Board are just a make shift arrangement and cannot be counted towards seniority which instead would be determined from the date of issuance of Board's recommendations and not from the date of receipt of the recommendations.
(3.)Respondent Nos.2 to 60 has been appointed in the Haryana Civil Secretariat as Clerk on purely ad hoc basis before the appointment of the petitioners. They were in the employment of respondent-State even prior to the recommendations by the Subordinate Services Selection Board. Inasmuch as respondents Nos.2 to 60, it is pleaded were appointed on ad hoc basis by virtue of instructions Annexures P.2 to P.4, they had been ranked junior to the petitioners. However, in the year 1983, the State Government vide notification dated 3rd January, 1983 decided to exclude from the purview of the Board such Class III posts of Clerks which had been held for a minimum period of two years as on 15th September, 1988 by the Clerks appointed an ad hoc basis for the purposes of regularising their services and decision that services of those ad hoc Clerks, who had completed two years services as on 15th September, 1982 be regularised against the posts/vacancies of Clerk provided they fulfilled the other conditions contained in the notification. In pursuance of the notification dated 3rd of January, 1983, Chief Secretary vide orders dated 13th of January, 1983, ordered regularisation of services of respondent Nos.2 to 60 with effect from 15th September, 1982.