- (1.) For the reasons mentioned in the application, the same is allowed subject to all just exceptions and delay of 70 days in filing the appeal is condoned. The CM stands disposed of. L.P.A.No.1030 of 2012 (O&M) This Letters Patent Appeal is directed against the order dated 19.3.2012 passed by learned Single Judge in Civil Writ Petition No.7898 of 2010 quashing promotion of proforma respondent No.24 (in this appeal) who was arrayed as respondent No.4 in the writ petition, on the post of Information and Coordination Officer. The learned Single Judge has further directed the appellant to fill up the resultant vacant post by considering the cases of eligible Assistants in accordance with Rule 9 (3) of the Haryana Vidhan Sabha Secretariat Service Rules, 1981 (hereinafter referred to as "1981 Rules").
(2.) Before adverting to the facts, it may be apposite to notice that the 'Service' in Haryana Vidhan Sabha comprises various posts including that of the Assistant Information Officer which are admittedly governed under the 1981 Rules. Rule 9 of the 1981 Rules empowers the appellant Speaker to determine the method of recruitment to any post except the post of Secretary. The "method of recruitment" is laid down in Sub-Rule (1) which includes direct recruitment, promotion or by transfer or deputation. Sub-Rule(3) lays down that all promotions unless otherwise provided shall be made on seniority-cum-merit basis and seniority alone shall not confer any right to such promotion. Rule 9 reads as follows:- "9. The method of recruitment to any post in the service other than to the post of Secretary, shall be determined by the Speaker. Method of recruitment:- (1) Recruitment to the Service shall be made:- (i) by direct recruitment; or (ii) by promotion; or (iii) by transfer or deputation of an officer/official already in the service of any State Government or the Government of India. (2) The appointing authority shall determine the method of recruitment as and when a vacancy arises. (3) All promotions, unless otherwise provided, shall be made on seniority-cum-merit basis and seniority alone shall not confer any right to such promotion, in respective cadres."
(3.) In the context of the case in hand, it is suffice to mention that Manohar Lal-fourth respondent joined Vidhan Sabha Secretariat as a Clerk and he was promoted as Assistant against a higher vacant post of Personal Assistant on 29.10.2009 (Annexure P-3). On the very next day, he was appointed as Private Secretary (Personal) to the Hon'ble Speaker vide order dated 30.10.2009 (Annexure P-4).;