RITU BAHRI,J. - (1.) The petitioner is seeking a writ of certiorari for quashing the order dated 28.03.2011 (Annexure P -18), whereby he has been promoted as HFS w.e.f. 06.03.2000 and his inter se seniority has been fixed above Sh. Shakti Singh (Sr. No.28) and below Sh. Satbir Singh Dahiya (Sr. No.27).
(2.) The petitioner was appointed as Forest Ranger in the year 1982 and was promoted as HFS Class -II with effect from 29.10.1999 on regular basis vide order dated 17.12.2002. In the year 1999, a charge sheet was issued to the petitioner. After conducting a departmental enquiry, penalty of stoppage of one grade increment without cumulative effect and recovery was imposed upon him vide order dated 22.12.1999 (Annexure P -1). The petitioner was promoted as HFS Class -II on adhoc basis vide order dated 10.03.2000. Thereafter, the petitioner filed a representation dated 02.02.2001 seeking retrospective promotion w.e.f. 29.10.1999 on the basis of instructions dated 19.07.1973 issued by the State of Haryana, but to no avail. Then, he filed CWP No.3244 of 2001, which was disposed of by this Court vide order dated 06.03.2001 by giving directions to the respondents to decide his representation. Vide order dated 17.12.2002 (Annexure P -4), the petitioner was promoted from the date when his juniors were promoted i.e 29.10.1999. This order was challenged by way of CWP Nos.17901 of 2002 and 934 of 2003 by affected persons. These petitions were disposed of by this Court vide order dated 03.04.2005 giving direction to decide the representations of those petitioners by speaking orders. The representations of the petitioners were rejected by the State of Haryana vide order dated 16.02.2005 (Annexure P -5). On 18.03.2008, a tentative seniority list was circulated, in which, present petitioner was shown at serial No.21, whereas respondent No.3 was shown at serial No.26. At that time, objections were also called from the affected persons. After hearing the objections, final seniority list was finalized on 05.12.2008 (Annexure P -7), in which, the petitioner figured at serial No.22 and respondent No.3 at serial No.27. In the year 2010, when the promotions were to be made from HFS Class -II to the Indian Forests Service, father of Satyapal Singh Dahiya -respondent No.3 made a representation dated 15.03.2010 claiming seniority for his son. Petitioner also submitted a representation before the competent authorities.
(3.) Thereafter, the State Government passed an order dated 16.11.2010 (Annexure P -9), vide which, petitioner has been placed at serial No.26 and respondent No.3 has been brought at serial No.25. Further, the date of regular appointment of the petitioner has been changed from 29.10.1999 to 06.03.2000. The petitioner raised allegations against respondent No.3 that on account of his close proximity with former Chief Minister, the aforesaid order has been passed. He further alleged that no opportunity of hearing was afforded to him before passing this order. The petitioner challenged the order dated 16.11.2010 by filing CWP No.21362 of 2010, which was disposed of on 03.02.2011 (Annexure P -14). Vide this order, a direction was given to the respondents to hear both the parties and thereafter, pass a fresh order. Pursuant to the aforesaid order, respondent No.2 has passed the order dated 28.03.2011 (Annexure P -18), whereby order dated 17/19.12.2002 (Annexure P -4) has been withdrawn and the petitioner has been promoted as HFS -II w.e.f. 06.03.2000 instead of 29.10.1999. Further, his seniority has been fixed below respondent No.4.;