- (1.) Through the present judgment we propose to decide a bunch of eight writ petitions being CWP Nos.19061 and 24284 of 2012, 18259, 18389, 18491, 20107, 20121 and 21184 of 2013. As the writ petitions are interconnected and involve similar issues we are deciding all the earlier mentioned writ petitions through the present common order. For the sake of convenience, facts have been taken from CWP No.19061 of 2012 titled as 'Balwant Singh versus The State of Haryana and others'.
(2.) The petitioner is working as an Under Secretary in the Haryana Vidhan Sabha and knocks the doors of this Court primarily seeking to challenge the Haryana Vidhan Sabha Secretariat Service (Amendment) Rules, 2012 (hereinafter referred to as the '2012 Rules '). According to the petitioner in the impugned Rules the qualifications set out for the appointment to the post of Joint Secretary and Deputy Secretary in the Haryana Vidhan Sabha Secretariat are a result of colourable exercise of power on behalf of the Government. According to the petitioner, the impugned Rules are also liable to be set aside on the ground that they are arbitrary and thus violative of Articles 14 and 16 of the Constitution of India. The petitioner further challenges orders Annexures P-4 and P-8 promoting respondent Nos.4 and 5 and seeks setting aside of the appointment of respondent No.6 from the post of Deputy Secretary. Before we proceed further, it would be necessary for us to cull out the historical background of the Service Rules governing the appointment to the posts of Joint Secretary and Deputy Secretary in the Haryana Vidhan Sabha Secretariat. Through notification dated 24.09.1981 in exercise of powers conferred under clause (3) of Article 187 of the Constitution of India, the Governor of Haryana, after consultation with the Speaker, Haryana Vidhan Sabha, made the Haryana Vidhan Sabha Secretariat Service Rules, 1981 (hereinafter referred to as the '1981 Rules') regulating the recruitment and conditions of service of persons appointed to the Haryana Vidhan Sabha Secretariat Service. Rules 8 & 9 of the 1981 Rules along with relevant extract of Appendix B attached to these Rules is reproduced below:- "Rule 8:- No persons shall be appointed to any post in the Service, unless he is in possession of qualification and experience specified in column 3 of Appendix B to these rules in case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of recruitment other than by direct recruitment. Rule 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.
(3.) The appointing authority shall determine the method of recruitment as and when a vacancy arises. JUDGEMENT_34_LAWS(P&H)12_2014_1.html;