- (1.) These appeals by special leave are against the judgments dated 16.12.1994 in C.W.P. No.337/1994, CWP No. 14702/1992 and CWP No.16236/1992 respectively of the Punjab & Haryana High Court.
(2.) Appellants, who were working as Ziledars in the Irrigation Department, in the State of Haryana, filed the said writ petitions for quashing the recruitment by 'transfer' of Ziledars - Ashok Kumar Gaur, Sant Lal Pachar and Bhagwan Dass, as B-Class Tehsildars, vide order of appointment dated 21.10.1992. The appellant in C.A. No.3874/2001 has in addition challenged the recruitment 'by transfer' of Brij Bhushan, Jatinder Kumar, and Mam Chand as 'B' Class Tehsildars.
(3.) The Haryana Revenue (Group/B) Service Rules, 1988 (for short 'the Rules') govern the recruitment to Revenue Group-B Service consisting of District Revenue Officers and Tehsildars. Rule 9 relates to method of recruitment. Clause (b) of Rule 9(1) provides that in the case of Tehsildars, recruitment to the service shall be : (i) 40% by direct recruitment (selected by PSC on the basis of a Service Examination); (ii) 40% by promotion from amongst Naib Tehsildars; and (iii) 20% by transfer from amongst : (i) Superintendents of the office of the Deputy Commissioners; (ii) Assistant Superintendents of Commissioners and Deputy Commissioners' offices; (iii) District Kanungoes; (iv) Zonal Ziledars of P.W.D. (Irrigation Branch), or (v) Head Assistants of Director Land Records Office." Sub-rule (2) provides that appointment by promotion shall be made on seniority-cum-merit.;