- (1.) The instant petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents for extending the benefit of adhoc service rendered by him as Lecturer in Textile Technology for the purposes of counting that experience to fulfill the requirement stipulated for promotion to the post of Senior Lecturer in the department of Textile Design. A further prayer has been made that sub clause (ii) of column No. 4 at serial No. 49 of Appendix 'B' of the Haryana Technical Education Department (Group 'A') Service Rules, 1986 (for brevity 'the Rules') be declared ultra vires of the Constitution or it may be read down to include the experience as Lecturer in Textile Technology as relevant for the purpose of Lecturer Textile Design as well so as to made the petitioner eligible.
(2.) Brief facts of the case are that the petitioner worked on adhoc basis as Lecturer in Textile Engineering from 13.9.1995 to 25.2.2007 (P.3). The post of Lecturer Textile Technology is distinct than that of Textile Design. Thereafter a regular post of Lecturer in Textile Design was advertised on 11.10.2005 (P.4). The petitioner succeeded and was appointed as such on 26.2.2007 (P.5) on regular basis. In the year 2009-10, the petitioner made various representations (P.6, P.7 and P.7A) for promotion as Senior Lecturer on the basis that he fulfill requisite experience of 8 years for promotion if the period of his adhoc service rendered on the post of Lecturer in Textile Technology from 13.9.1995 to 30.6.2007 is clubbed with his experience as Lecturer in Textile Design. When no decision was taken on the representations made by the petitioner he filed CWP No. 19778 of 2009 which was disposed of on 12.7.2010 (P.8) with a direction to the respondents to decide his representation. The claim made by the petitioner was rejected on 21.10.2010 (P.9) by the respondents by observing as under : "... In the relevant service rules the following condition of experience has been prescribed for the promotion to the post of Senior Lecturer in Textile Design. "8 years experience as Lecturer in Textile Design." Thus, the Lecturer having 8 years experience as Lecturer in Textile Design can only be considered for appointment to the post of Senior Lecturer in Textile Design. Previous to his appointment as lecturer in Textile Design in regular capacity on 27.2.2007, the petitioner has worked as Lecturer in Textile Technology on adhoc basis, but not as Lecturer in Textile Design. Therefore, it is found that the experience gained by the petitioner is not as per the experience required in relevant service rules for the appointment by promotion to the post of Senior Lecturer in Textile Design. This is another issue that the petitioner was also under probation on the date of amendment of the rules. Thus, for the reason above the petitioner is not found eligible for promotion to the post of Senior lecturer in Textile Design."
(3.) A perusal of the aforesaid para would make it clear that in accordance with the rules the petitioner is required to fulfill 8 years experience as Lecturer in Textile Technology. However, he has till date about 4 = years experience. The petitioner cannot succeed unless his experience in Textile Technology is reckoned from 1995 to 2007 when he held the post of Lecturer in Textile Technology on adhoc basis during the aforesaid period.;