- (1.) There are two sets of writ petitions, i.e. CWP No.17562 of 2010 which has been filed at the instance of petitioners, namely, Satya Bir Singh & another for promotion to the post of Sub Divisional Engineer (Civil) against roster points Nos.2 to 5 reserved for Junior Engineer (Diploma Holders), and CWP No.4177 of 2013 has been filed by the petitioners Naresh Kumar and others for appointment to the post of Sub Divisional Engineer (Civil) against roster points No.7 to 9 (direct recruitment).
(2.) The claim made in the CWP No.17562 of 2010 is that the respondent-Corporation is to fill up the posts of Sub Divisional Engineer (Civil) according to the roster point system prescribed in the Haryana Warehousing Corporation (Office and Staff) Regulation, 1994 (for brevity, 'the Regulation'). Out of sanctioned strength of nine posts of SDE (Civil), six posts are to be filled by way of promotion, whereas, three posts are to be filled by way of direct recruitment. Out of six promotional posts, one post is upgraded to the post of XEN. According to the petitioners, roster points No.2,3,4 and 5 fell vacant due to retirement or reversion of the officers having the aforesaid posts, the description of which is as under: JUDGEMENT_103_LAWS(P&H)6_2014_1.html
(3.) It is the case of the petitioners that against roster point No.4, Sh.Ram Kumar was promoted to the post of SDE (Civil) instead of R.K.Aggarwal (JE), as he was facing disciplinary proceedings. Against roster point No.5, R.K.Aggarwal was again ignored and in place of that roster point, petitioner No.1-Satya Bir Singh was promoted to the aforesaid post, without prejudice to the outcome of the disciplinary proceedings, vide order dated 14.3.2003. After promotion of petitioner No.1, petitioner No.2, being next in the seniority is entitled for promotion. For this purpose, various representations were moved. However, petitioner No.2 was given officiating charge of the aforesaid post vide order dated 28.6.2005. Smt.Lovleen was promoted out of turn against the category of Head Draftsman (roster point No.6).;