- (1.) The petitioners who are 57 in number, were appointed as Clerks in the Haryana Civil Secretariat, purely on adhoc basis between the period August 1978 to March, 1979. The names of all the petitioners having been registered with different Employment Exchanges in the State of Haryana, were sponsored by the said Exchanges. It was after the written test was held that the Chief Secretary Haryana who is the Appointing Authority of the Clerks under the Punjab Civil Secretariat (State Services Class III) Rules, 1952, issued the appointment letters. It may be observed here that when these appointments were made the posts of Clerks, i.e. Class III posts were within the purview of the Subordinate Services Selection Board (hereinafter called the 'Board') vide Notification dated 3.1.1983 issued by the Haryana Government in exercise of the powers conferred by proviso to Article 309 of the Constitution of India and other enabling provisions the Governor of Haryana excluded from the purview of the 'Board', such class III posts of Clerks as had been held, for a minimum period of two years on 15th September, 1982 by adhoc clerks who were to be regularised if they fulfilled certain other conditions under the Notification. In this Notification, Clause (vi) reads as under:- vi) the seniority of the adhoc clerks so regularised may, vis-a-vis the clerks appointed on regular basis be determined w.e.f. 15.9.1982. The inter-se seniority of such adhoc clerks shall be determined in accordance with the date of their joining on the post on ad hoc basis, if the date of joining the posts on adhoc basis by such clerks was the same, then an older member shall rank senior."
(2.) In pursuance of the above Notification, an order was issued on 14.1.1983, Annexure P/7 regularising the services of the petitioners as Clerks w.e.f. 15.9.1982.
(3.) Respondents No. 3 to 9 were appointed/promoted as Clerks on regular basis after the petitioners had been appointed on adhoc basis, but before 15.9.1982 i.e. the date from which the petitioners services were regularised as Clerks. The said respondents were confirmed vide order dated 20.1.1987, Annexure P/5 w.e.f. various dates given in the orders. In the Gradation list issued in the year 1987, the petitioners were shown junior to the respondents. This writ petition was filed asking for following reliefs:- (1) The adhoc service of the petitioners should be counted for the purpose of seniority and they should be regularised from the date of their initial adhoc appointment. (2) The Gradation List dated 23.11.1987 in which the petitioners have been shown junior to the respondents, should be quashed.;