- (1.) By this judgment seven Regular Second Appeal Nos. 179, and 2161 to 2166 of 1989 are being disposed of as question involved in all these cases is one and the same. The main judgment is prepared in R.S.A. No. 179 of 1989 and facts are taken from this case.
(2.) The question relates to fixation of seniority of Upper Division Clerks of Haryana State Electricity Board. Initially the plaintiffs and others were employed as Lower Division Clerks. Subsequently they were confirmed as such. In relaxation of the rules relating to passing of departmental examination, the plaintiffs were promoted as Upper Division Clerks. For years together they continued working as such. In the meantime they passed departmental examination also. Subsequently, some promotions were made to the Selection Grade. Thee Board framed seniority of Upper Division Clerks initially in the year 1971 treating the date of passing of the departmental examination as the basis. This seniority was successfully challenged in the Writ Petition No. 2420 of 1972 (Gobind Ram Sharma v. Haryana State Electricity Board and others), decided on August 30, 1983, by K.S. Tiwana, J. In spite of the aforesaid decision the Board framed seniority in 1977 relating to the present plaintiffs treating the date of passing of the departmental examination as the basis and thereafter on that basis granted Selection Grade to other Upper Division Clerks who were impleaded as defendants. The suits were decreed by the trial Court and appeals filed by the Board failed, hence the seven regular second appeals aforesaid.
(3.) As many as ten issues were framed in the suit arising out of the pleadings of the parties. It is not necessary to record the same as the only point argued in the appeals relates to the fixation of seniority of the Upper Division Clerks as to whether the same is in accordance with the rules governing the service.;