- (1.) The main controversy in this writ petition is, whether promotion to the post of Assistant Treasury Officer (A.T.O.) classified as Class IT shall continue to be governed by Rule 7 of the Punjab Treasury Establishment Subordinate Service (Class III) Rules, 1962, hereinafter referred to as 1952 Rules as applicable to the State of Haryana, although this post was taken out of these rules with effect from 7th July, 1970, or the same will be governed by the Haryana Finance Department Treasuries (Group B) Service Rules, 1980, hereinafter referred to as 1980 Rules, are violative of the provisions of Sections 82(6) of the Punjab Reorganisation Act, 1966.
(2.) The brief resume of facts relevant for the disposal of this writ petition is that the Petitioners are working as Assistant Superintendents (Treasury) and Assistants in different treasuries in the State of Haryana and their service conditions are governed by 1962 Rules. Rule 7(1) (a) of 1962 Rules pertaining to the recruitment for the posts of Assistant Treasury Officers was amended in the year 1969. According to Rule 7(1) (a) (i) 50 per cent of the total number of posts of Assistant Treasury Officers are required to be filled up in the following proportion: (i) By selection from among the Assistant Superintendent Treasuries or Assistants in Treasuries and by transfer from among Assistants in Treasury and Accounts Branch of Finance Department and Junior Auditors of Local Fund Department, who subject to the exception given below possess degree of recognised University and who have rendered two years service as Assistant or a Junior Auditors in the following proportions: i) From Assistant Superintendents Treasuries 7 1/2 % (ii) From Assistants in Treasuries 30% (iii) From Assistants in Treasuries and Accounts Branch of Finance Department 6 1/4 % (iv) From Junior Auditors of Local Audit Department 6i; 50 % of total number of posts of Assistant Treasury Officers. Note: Assistant Superintendents Treasury, who do not hold a degree of recognised University shall also be eligible for appointment as Assistant Treasury Officers and under this clause provided that they have rendered at least four years service as such.
(3.) Vide Finance Department Notification, dated 7th July, 1970 the posts of A.T. Os. were converted from Class III to Class II Gazetted post, but according to the Petitioners the service conditions of these posts particularly in regard to the method of recruitment including qualifications and quota of posts continued to be governed under the 1962 Rules. The Petitioners contend that in the State of Haryana there are in all 58 posts of Assistant Treasury Officers and had given break-up of these posts being manned by promotions from Assistants, Assistant Superintendents (Teasury). Junior Auditors etc. In para 9 of the writ petition, the Petitioners further aver that until the end of the year 1979, when lastly Om Parkash was promoted as Assistant Treasury Officer figuring at S. No. 42. (as reproduced in para 9 of the writ petition) the Respondents had been appointing Assistant Treasury Officers by promotion from the above-referred four sources in accordance with Rule 7 of the 1962 Rules. The grouse of the Petitioners pertains to appointment of Assistant Treasury Officers thereafter i.e., after S. No. 42 from out of the Assistant Superintendents (Treasury) only. It is further elaborated that Respondents 2 to 13 working as Assistant Superintendents (Treasury) had been appointed as Assistant Treasury Officers,vide orders Annexures P. 1, P. 2, P. 3 and P. 10, respectively, from the month of June to September, 1980, although none of these Respondents possessed the requisite qualifications of being a graduate and, therefore, they could not even be considered for the posts of Assistant Treasury Officers. It is further highlighted that the quota rule for promotion to the post of Assistant Treasury Officer from the above-referred tour sources was not observed.;