Augustine George Masih, J. - (1.) PETITIONER has approached this Court impugning the order dated 09.09.2004 (Annexure P -10), vide which the claim of the petitioner for promotion as an Assistant in the head office stands rejected.
(2.) PETITIONER was appointed as a Peon through Employment Exchange in the year 1975 in the office of the Executive Engineer Sewani Canal Division, Hisar. He was promoted as Temporary Clerk on 24.12.1982. His services were regularized on the post of a Clerk by the Subordinate Services Selection Board, Haryana on 07.03.1990. He was attached with the head office on 10.09.1987. He continued in the head office till his superannuation on 31.12.2013. Prior to his retirement, petitioner approached the respondents for granting him seniority and the consequential benefits in the head office and in pursuance thereto, submitted representation dated 25.03.2004 (Annexure P -7) for inclusion of his name in the seniority list of Clerks in the head office. When the said representation of the petitioner was not accepted and no decision was taken thereon, petitioner preferred CWP No. 8312 of 2004, which was disposed of by this Court vide order dated 25.05.2004 (Annexure P -9) directing the General Manager/Project, Irrigation Department, Haryana to decide the representation of the petitioner. The said representation of the petitioner, in compliance with the order passed by this Court on 25.05.2004, was considered and rejected by the General Manager/Project, Irrigation Department, Haryana vide order dated 09.09.2004 (Annexure P -10). This order dated 09.09.2004 (Annexure P -10) was not challenged by the petitioner and had attained finality unless he preferred CWP No. 27171 of 2013. The said writ petition was withdrawn by the petitioner with liberty to file a fresh writ petition on the same or incidental or ancillary cause of action. In the said order, the Court has also observed that the petitioner would have to explain the delay in presenting the writ petition as the issue of seniority has been raised by the petitioner after 9 years when the cause of action had arisen i.e. because of the passing of the order dated 09.09.2004. The present writ petition has now been filed by the petitioner.
(3.) IT is the contention of the counsel for the petitioner that the claim of the petitioner for inclusion of his name in the seniority list of the head office has been rejected on the ground that the qualification for the post of Clerk in the head office is higher i.e. 1st Division Matric or Graduate whereas qualification for the post of Clerk in the field cadre is simple Matric. Since the petitioner was simple Matric, he was ineligible for consideration for permanent absorption in the head office cadre. She, on the basis of the Statutory Rules i.e. Punjab Public Works Department (Irrigation Branch) Head Office, Clerical (State Service Class III) Rules, 1965 (hereinafter referred to as '1965 Rules'), as applicable to the State of Haryana, contends that the said Rules do not provide for such a qualification. Further contention of the counsel for the petitioner is that the distinction between 'A' and 'B' Class category of posts has also been abolished by the Government of Haryana vide notification dated 02.03.1982 (Annexure P -5). Her contention thus is that the impugned order dated 09.09.2004 (Annexure P -10) cannot sustain.;