- (1.) The petitioner has sought issuance of writ of certiorari quashing promotion order Annexure P which Mange Ram stated to be junior to the petitioner has been promoted without considering the claim of the petitioner.
(2.) The petitioner joined the Labour Department as a Clerk in the year 1961 and after getting few promotions is presently working as Statistical Officer which is Class-II post. According to the petitioner, all Class I and Class II posts of Labour Department were governed by the Punjab Labour Service (Class I and II) Rules, 1955 (for short '1955 Rules'). The post of Statistical Officer was created sometime in between 1955 to 1966 thus necessitating the required amendment of Rules 1955. On this account new Rules known as Haryana Labour Department (Group B) Service Rules, 1987 were notified on 1st January, 1988. Thus the earlier 1955 Rules were repealed. It is further the case of the petitioner that as there did not exist any promotional avenues for the Statistical Officer, the department framed a rule and sent to the government for approval and notification. According to the proposed Rules, Rule 7 deals with qualification for the post of Deputy Labour Commissioner and Rule 9 deals with method of recruitment of various posts including the post of Deputy Labour Commissioner Rule 9 reads as under : 9. (1) Recruitment to the service shall be made :- (b) In the case of Deputy Labour Commissioner - (i) by promotion from amongst the Labour Officer-cum-Conciliation Officer, Statistical Officer, Welfare Officer (Women). Provided that their inter se seniority for purpose of consideration for promotion shall be on the basis of continuous service on the post or (ii) by direct, or (iii) by transfer or deputation of an officer already in the service of any State Government, or the Government of India."
(3.) It is according to Rule 9 that the post of Deputy Labour Commissioner is to be filled up from amongst the Labour Officer-cum-Conciliation Officer, statistical Officer, and Welfare Officer (Women). On these premises the petitioner states that promotion of Mange Ram respondent No. 3 as Deputy Labour Commissioner vide Annexure P-1 dated 29.1.1993 is legally unsustainable as the petitioner has not been considered and even otherwise Mange Ram is, admittedly junior to the petitioner. It is further the case of the petitioner that though the government approved 'Class A Rules' in the year 1979 but the same were not notified. However, the government has been acting on the draft rules. In any case, even if the Rules have not been notified, the same can be taken as executive instructions.;