- (1.) This order will dispose of [1] CWP No.21564 of 2012, [2] CWP No.22211 of 2011, [3] CWP No.20080 of 2012 [Virender Singh Hooda & Anr. v. State of Haryana and Another] and [4] CWP No.7791 of 2012 as common questions of law and fact are involved in this group of cases which can conveniently be disposed by a common judgment. The facts are taken from the CWP No.21564 of 2012 which by consent has been treated as the lead petition.
(2.) This set of four cases is about disputes as to assignment of inter se seniority of officers in Haryana Civil Services (Executive Branch) [for short 'HCS(EB)' or 'HCS'], the premier State Civil Service in three cycles of direct recruitment. A final seniority list has been drawn and settled by the Chief Secretary, Haryana in the year 2006 which places the aggrieved petitioner/s in cases 1, 2 & 4 below the respective private respondents although they were appointed to service earlier and which final action of the respondent State is impugned in the petitions 1, 2 & 4 and the third filed for other reasons. The crucible of the challenge to the seniority list presents serious complexities which require careful resolution of the controversies involved in these cases, save and limited to the issue of inter se seniority among members of the service. The stakes are high. Promotions to the IAS in the Haryana cadre depend much on the seniority list. Vacancies are available in the promotional cadre but inter se rights to seniority positions lie in the burning cauldron of these cases.
(3.) The Court has had the advantage of many a stimulating debate on the issues involved, hearing very fine arguments crafted, moulded and addressed by both the learned senior counsel, Mr Puneet Bali for the petitioners with his usual cutting edge and crisp arguments and the erudite submissions of Mr Anupam Gupta on the length, breadth and width of the case spread over many months, who largely detached from the facts of the case, explained the rubrics of service law in its chapter and verse on what appears at first flush rather simple, that is, Seniority. Of the evolution of administrative law in British India from the first effort at rule making in the 1850s till past the Government of India Act, 1915-1919, the Government of India Act, 1935, and the Constitution of India, 1950, the origin and birth of Public Service Commissions in the 19th Century ever lifting such a prosaic topic to great heights, for which I will remain thankful for the valuable assistance rendered, the insights gained and the lessons learnt in the course of one case. Most of which words I cannot even attempt to put down on paper but would try, but the essence of which I will ever keep in mind to instruct me, not just in this, but in future cases as well involving issues of seniority and service law.;