DAYA CHAUDHARY, J. - (1.) THE present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 17.05.2013 passed by respondent No.4, whereby, respondents No.5 to 8 have been shifted from Field Cadre to Head Office Cadre by giving them seniority from the date of their joining which is in violation of instructions dated 30.10.1995.
(2.) THE case of the petitioners, as made out in the petition, is that the petitioner No.1 joined the respondent -Department on 26.05.2000 in Field Cadre and thereafter, he was shifted to Head Office Cadre on 22.03.2005. Meanwhile, he was promoted to the post of Upper Divisional Clerk (here -in -after referred to as the 'UDC') on 05.03.2010. Similarly, petitioners No.2 to 4 joined as Lower Divisional Clerk (here -in -after referred to as the 'LDC') and subsequently promoted as UDC. As per instructions dated 30.10.1995 issued by the respondent -Department, the officials will have to forego all the special allowances attached with the previous post and in case of change of cadre, they will be placed at the tail end of seniority list. An advertisement was published by Secretary, Haryana Staff Selection Commission for recruitment of 58 posts of UDC in the Field Cadre and advertisement for filling up of those posts were published on 07.10.2007. Initially, 58 posts of UDC were advertised and thereafter, it was increased to 65. Respondents no.5 to 8 were selected on the post of UDC in Field Cadre and they were appointed as such on 21.08.2009. Thereafter, on 20.07.2011, they were appointed on the post of UDC in Head Office Cadre vide letter dated 20.07.2011. However, when the petitioners came to know about shifting of respondents No.5 to 8 from Field Cadre to Head Office Cadre and also of granting seniority from the date of appointment/joining and not from the date of changing of cadre, a representation was made by them but no action has been taken thereupon. Now the present petition has been filed by the petitioners for quashing of order dated 17.05.2013, whereby, respondents No.5 to 8 have been shifted from Field Cadre to Head Office Cadre by giving them seniority from the date of their joining.
(3.) LEARNED counsel for the petitioners submits that the action of the respondents in shifting their cadre and granting seniority is violative of instructions dated 30.10.1995 as in case of change of cadre, the employees so shifted will have to forego all the special allowances attached with the previous post and they will be kept at the tail end of seniority list. Learned counsel also submits that the action of official respondents is not only violative of instructions dated 30.10.1995 but is illegal, arbitrary and unconstitutional as well.;