- (1.) The short question raised in this petition is whether the period of service rendered by the petitioner on ad hoc basis before his regularisation is entitled to be considered for the purpose of seniority.
(2.) The petitioner was appointed as Junior Engineer vide order dated 30.6.1980 (Annexure P-1). According to the terms and conditions of the appointment letter the nature of appointment of the petitioner was temporary and was confined to one year period. The petitioner has joined his duty on 15.7.1980. Respondent No. 3 Narender Jindal, who was working as Junior Engineer in the Municipal Council, Ladwa has joined on transfer at the Municipal Council, Bhiwani. Respondent No. 4 Balraj Singla was also working at the Municipal Council Ladwa and joined as Junior Engineer on 29.1.1982. On the aforementioned basis, the case of the petitioner is that he has joined the Municipal Council, Ladwa prior to the aforementioned Junior Engineer and is thus entitled to be considered senior to Sh. Narender Jindal and Balraj Singla. It has also been asserted that neither of them were appointed on the post of Junior Engineer through the Subordinate Selection Board, Haryana (for brevity 'the Board'). The service conditions of Junior Engineer are regulated by the Rules known as Haryana Municipal Services (Integration, Recruitment and Condition of Service), Rules, 1982 (for brevity 'the 1982 Rules'). The petitioner duly applied for the post of Junior Engineer, appeared before the Board, selected and was appointed as such, with effect from 10.1.1983.
(3.) In the tentative seniority list of Junior Engineer, as it stood on 1.1.1997 (Annexure P-6), the name of the petitioner had been shown below the names of respondents as he was not considered to have joined w.e.f. 15.7.1980. He filed his objections on 8.3.1997 (Annexure P-7). Again a revised tentative seniority list was issued on 20.7.1998 wherein the date of joining of the petitioner was considered to be 15.7.1980. His name was shown at serial No. 15 and the private respondents were placed below his name. It has been asserted that the aforementioned seniority list was in accordance with the requirements of instructions dated 15.2.1984 (Annexure P-3). Again objections were invited and according to the assertions made by the petitioner, no objections were filed. Despite that objections were again invited on 4.8.1999 which resulted into circulation of still another tentative seniority list on 15.11.2000 wherein the date of appointment of the petitioner has been changed from 15.7.1980 to 10.1.1983 (Annexure P-9). It is alleged that neither of the dates given in this aforementioned seniority list is based on the recommendation made by the Board nor on the date of issuance of appointment letter by the Government. The petitioner submitted his objections on 13.12.2000 (Annexure P-10) and sought personal hearing. He was called for personal hearing on 30.4.2001. The Secretary, M.C. Ladwa was also called with the service record of the petitioner for the same date on 30.4.2001. The petitioner appeared before the Sub Committee, however, no decision could be taken on 30.4.2001 and without receiving any further notice of hearing, the petitioner alleges, that the final seniority list was issued on 30.5.2003 (Annexure P-11). The name of the petitioner has been placed at serial No. 9 and those of respondents No. 3 and 5 at serial No. 7 and 8 respectively. It is further alleged that respondent No. 3 Sh. Narender Jindal had been promoted on 20.5.2002 by order Annexure P- 13 on the post of Municipal Engineer. The petitioner has been promoted on 4.6.2003 by giving him charge of the post of Municipal Engineer (Annexure P- 14).;