Augustine George Masih, J. - (1.) Petitioner, who is presently working as a Reader in High Court of Punjab and Haryana, has, through this writ petition, challenged the decision of the Committee dated 28.04.2010 (Annexure P-19) and 30.08.2010 (Annexure P-22) approved by the Chief Justice, whereby the claim of the petitioner for promotion to the post of Court Secretary and thereafter, Special Secretary stands declined with a further prayer for issuance of a writ of mandamus directing the High Court to count the experience of the petitioner as Reader w.e.f. 03.02.2005 (the date of his notional appointment) and to promote the petitioner to the post of Court Secretary and thereafter, Special Secretary w.e.f. the date when his batch mates were promoted with all consequential benefits and if required, to invoke the provisions of Rule 38 of the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (hereinafter referred to as 'the 1973 Rules'), which provides for dispensing with or relaxation for the purpose of counting the experience.
(2.) The undisputed facts, as per the pleadings of the parties, are that the petitioner was appointed as a Clerk by direct recruitment in the District Courts on 05.08.1981. He was promoted to the post of Assistant on 16.12.1998 and thereafter, as Superintendent on 13.05.2005, on which post he joined on 18.05.2005 in the office of the District and Sessions Judge, Ambala. The High Court, vide Memo dated 27.07.2002, invited applications for the post of Reader to the Hon'ble Judges, which were to be filled up on the basis of a competitive examination, which consisted of written test and interview. The written test was conducted in the year 2003 and the interview in the year 2004. The petitioner participated in the selection process and was placed at Sr. No. 7 in the select list. As six vacancies were available, candidates placed at Sr. No. 1 to 6 of the select list were appointed as Readers on 27.11.2004 (hereinafter referred to as 2004 Batch). Thereafter, 7th vacancy arose on 03.02.2005 but the petitioner was not offered the appointment on the ground that CWP No. 3250 of 2005 stood filed in the High Court by Baljinder Singh Teja and another, who were unsuccessful candidates, challenging the selection. The said writ petition was dismissed as withdrawn on 20.09.2005 with liberty to file another writ petition by impleading the necessary parties. CWP No. 16345 of 2005 was thereafter filed. But the petitioner was not impleaded as a respondent and was thus not party to the litigation. It would not be out of way to mention here that no order restraining the respondent- High Court to appoint the selected candidates was passed in the said case. The petitioner enquired from the office as to why he was not being appointed despite there being a vacancy, to which he was informed by the office that it was because of the pendency of the writ petition that no appointment letter was being issued to him.
(3.) In the month of October, 2005, the High Court issued another notification for recruitment to the post of Reader. The petitioner, at that stage, when the selection process for fresh recruitment was in progress, submitted a representation dated 23.03.2006. His request for appointment as a Reader was based on the ground that there was no stay of appointment and at the most, the appointment of the petitioner may be made subject to the final outcome of the said writ petition and as the result of the writ petition would affect all the candidates of the batch, there was no justification to withhold his appointment. He further stated that he was being discriminated against as his other batch mates stood on same footing were working as Readers in the High Court. He stated that the High Court had issued a fresh notification and if the fresh batch is appointed, the interest of the petitioner would be prejudiced. No reply was received by him. He again submitted a representation dated 01.05.2006 but with no result. The High Court proceeded to appoint 7 fresh Readers on 10.05.2006 (hereinafter referred to as 2006 Batch). Petitioner No. 1- Baljinder Singh Teja in CWP No. 16345 of 2005 was one of the appointed candidates.;