- (1.) The conspectus of the facts, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that in the wake of advertisement and on the recommendation of the Subordinate Services Selection Board, Haryana (for brevity "Board"), the petitioner was appointed on the post of Analyst, by the Director General Health Services, Haryana-respondent No. 2 (for short "Director"), by virtue of appointment letter dated 29.4.1986 (Annexure P1). In pursuance of the appointment letter, the petitioner joined his service as Analyst on 6.5.1986. Subsequently, Kusum Kumar-respondent No. 3, who was earlier working on a junior post as Senior Analytical Assistant, was also promoted/adjusted to the post of Analyst, by way of order dated 17.12.1986 (Annexure P2). Thus, respondent No. 3 worked as junior to the petitioner on the post of Analyst.
(2.) The petitioner claimed that suddenly in the month of September, 1988, respondent No. 3 was arbitrarily promoted as Analyst from the back date with effect from 30.10.1984, by means of another office order dated 16.9.1988 (Annexure P3). The Director issued another letter dated 13.12.1988 (Annexure P4), informing the Public Analyst that respondent No. 3 will be below Ashok Kumar and above petitioner Balbir Singh in the seniority list of Analysts.
(3.) Therefore, dissatisfied with the retrospective promotion of respondent No. 3 by the Director (respondent No. 2), the petitioner moved representations (Annexures P5 and P6), which were rejected by the Commissioner & Secretary to Government of Haryana, Health Department (respondent No. 1), through the medium of letter dated 5.6.1991 (Annexure P7) (conveyed on 7.6.1991). The petitioner again moved the representation (Annexure P8) and also personally explained his case to the competent authority in this regard, but in vain.;