- (1.) The petitioner who is working on the post of Assistant Secretary with the respondent Red Cross Society, Gurgaon has approached this Court with a prayer that a direction is issued to the respondents for consideration of his case for promotion to the post of Secretary, Red Cross Society, Gurgaon. A further prayer has been made that advertisement dated 5.11.2005 (Annexure P.6) seeking to fill up the post of Secretary by direct recruitment be set aside primarily on the basis of instructions dated 6.9.2000 and 4.3.2005 (Annexures P.7 and P.8) issued by the President of the Red Cross Society, Haryana (His Excellency the Governor of Haryana).
(2.) The petitioner has been working as Assistant Secretary of Red Cross Society, Gurgaon. For the purposes of consideration of his case for promotion to the post of Secretary, he had earlier approached this Court by filing CWP No. 10957 of 2005. It was claimed that the charge of the post of Secretary could not have been given to Smt. Urmil, Warden, Working Women Hostel without considering the case of the petitioner for promotion on the basis that the petitioner was the senior most eligible person for promotion to the post of Secretary. The writ petition was disposed of on 21.7.2005 with a direction to the respondents to decide his representation by passing a speaking order within a period of two months. The claim of the petitioner has been rejected by the President of the District Red Cross Society, Gurgaon-cum-Deputy Commissioner, respondent No. 3 vide order dated 9.9.2005 (Annexure P. 2). The operative part of the order reads as under : "Naveen Kumar Behl has been working as Assistant cum District Training Officer in the District Red Cross Society, Gurgaon Branch. One Sh. M.S. Dahiya was working as Secretary in the District Red Cross Society, Gurgaon Branch. He expired on 1.4.2004. After his death no regular appointment on the said post has been made. The applicant has submitted that he looked after the work of the post of Secretary from 7.4.2004 to 5.5.2005 in addition to his own duties. He has further submitted that on the basis of his long experience, educational qualifications and other awards earned by him his right for promotion to the post of Secretary may be considered. At the out set it may be observed that the post of Secretary is not going to be filled up for the time being. The charge of the said post at present is with Executive Officer, Municipal Committee, Gurgaon, in addition to his own duties. He is not drawing any extra remuneration for the same. It is settled proposition of law that no one can claim his promotion to a particular post, as a matter of right. As and when the department intends to fill in the post of Secretary on regular basis, the applicant will be at liberty to compete for the said post. The mere fact that the applicant happened to work for same period on the same post does not give him a right to claim his promotion to the said post." The petitioner has claimed that he has been working with the respondent Red Cross Society for the last over 30 years and has unblemished service record. Besides he fulfills the requisite qualification for the post of Secretary. According to him, he is entitled to be considered for promotion in accordance with the resolution passed on 13.2.1975 in the meeting presided over by Shri B.N. Chakravarty, ICS, the then Governor, Haryana. According to the resolution, the district branch which has the Assistant Secretaries working for the last 10 years or more are required to be considered for promotion as whole time paid Secretary. However, the Deputy Commissioner-cum- District President of the Red Cross Society, Gurgaon, has issued an advertisement on 5.11.2005 (Annexure P-6) and has called applications for filling the post of Secretary by direct recruitment. The petitioner has also placed reliance on a letter dated 6.9.2000 issued by respondent No. 1 to respondent Nos. 2 and 3 directing them that no appointment was to be made without his prior approval. To the same effect reliance has been placed on the letter dated 4.3.2005 (Annexure P. 8). The petitioner has filed a representation dated 7.11.2005 (Annexure P. 9).
(3.) It has been alleged by the petitioner that in order to deprive him of the post of Secretary, respondent No. 3 with a mala fide intention had issued a charge sheet to him on 2.9.2005 (Annexure P. 4). He was placed him under suspension. The petitioner challenged the afore-mentioned charge sheet and suspension order by filing CWP No. 1669 of 2005. The afore-mentioned writ petition was dismissed as premature on 21.10.2005.;