Harinder Singh Sidhu, J. - (1.) This petition has been filed praying for quashing the order dated 5.5.2016 (Annexure P-6) whereby the Haryana Backward Classes Commission (for short "the Commission") constituted vide notification dated 8th April, 2011, the tenure whereof was extended vide notification dated 3rd March, 2014, has been dissolved. Further prayer is to quash the notification dated 9th May, 2016 (Annexure P-7) whereby the Commission has been constituted in terms of Section 3 of the Haryana Backward Classes Commission Act, 2016 (for short the "2016 Act") and Chairman and Members thereof nominated.
(2.) Briefly, the facts are that vide notification dated 8th April, 2011, the State of Haryana re-constituted the Haryana Backward Classes Commission for entertaining, examining and recommending upon receiving requests of Jats, Jat Sikhs, Rors, Tyagis and Bishnois or any other caste(s) for inclusion in the list of Other Backward Classes of the State, from time to time, and hear complaints of over-inclusion or under-inclusion of any Backward Classes in such a list. The Commission then consisted of one Chairman and two members. As per the notification, the term of the Chairman and Members of the Commission was to be for a period of three years. The other terms and conditions of service of the Chairman and Members were to be notified separately. The relevant part of said notification is extracted here-in-below: "No.311SW(2) - The Governor of Haryana hereby reconstitutes the Haryana Backward Classes Commission for entertaining, examining and recommending upon receiving requests of Jats, Jat Sikhs, Rors, Tyagis and Bishnois or any other caste(s) for inclusion in the list of Other Backward Classes of the State, from time to time, and hear complaints of over inclusion or under inclusion of any Backward Classes in such a list. The Governor of Haryana hereby appoints the following as Chairman and Member of the Commission:- JUDGEMENT_66_LAWS(P&H)9_2016.html 2. An IAS/HCS officer of the rank of Joint Secretary to Government of Haryana will be the Secretary of the Commission. 3. The term of the Chairman and Members of the Commission shall be for a period of three years. Other terms and conditions of service of the Chairman and Members of the Commission would be determined and notified by the Government separately" The terms and conditions of appointment of the Members of the Commission were notified on 10th August, 2011. The said notification is reproduced below: "From The Financial Commissioner and Principal Secretary to Govt. Haryana Welfare of Scheduled Castes and Backward Classes Department, Chandigarh. To The Secretary Haryana Backward Classes Commission, SCO No.42-44, Sector 17/A, Chandigarh Memo No.SW(1)-2DII Dated, Chandigarh, the 10th August 2011. Sub: Terms and conditions of appointment of Members of the Haryana Backward Classes Commission. The terms and conditions of appointment of Members of Haryana Backward Classes Commission will be as under:- 1. Tenure of Office The tenure of Office shall be three years from the date he has assumed the charge of the Office. 2. Pay and Allowances He will draw the salary equivalent to the salary drawn by the Member of Haryana Public Service Commission i.e. he will be entitled to Basic Pay of Rs. 58,000/- + D.A. admissible from time to time. He will also be entitled to draw fixed medical allowance @ 500/- per month. 3. The Status Position He will be admissible the Status/Position equivalent to the Member of Haryana Public Service Commission. 4. Travelling Allowance He will be entitled to the travelling allowance as admissible to the Member of Haryana Public Service Commission. 5. House Rent Allowance He will be entitled House Rent Allowance as being paid to Member of Haryana Public Service Commission. 6. Headquarter The Headquarter of all the Members of Haryana Backward Classes Commission will be at Chandigarh. This issues with the concurrence of the Finance Department conveyed vide their U.O. No.2/5/2011-5FG-II/1555 dated 9.8.2011 Sd/- Special Secretary for Financial Commissioner and Principal Secy.to Govt. Haryana Welfare of Scheduled Castes& Backward Classes Department, Chandigarh" As per this, the tenure of Office of the Members shall be three years from the date of assuming the charge of the Office.
(3.) Vide notification dated 3rd March, 2014 the tenure of the Commission reconstituted on 8th April, 2011 was extended for three more years i.e., from 08.04.2014 to 07.04.2017 on the earlier terms and conditions. This notification is reproduced below: "Notification The 3rd March, 2014 No.166-SW(1) 2014- The Governor of Haryana is pleased to extend the tenure of Haryana Backward Classes Commission reconstituted vide State Government Notification No.311-SW(2) dated 8th April, 2011 for three years more i.e. 08- 04-2014 to 07-04-2017 on the same terms and conditions. The Governor of Haryana hereby reappoints the following as Chairman and Members of the Commission:- JUDGEMENT_66_LAWS(P&H)9_20161.html This issues with the concurrence of the Finance Department conveyed vide their U.O. No.2/5/2011-5FG-/ii/5802 dated 03-03-2014. Chandigarh 3rd March, 2014 Tarun Bajaj Principal Secretary to Government Haryana Welfare of Scheduled Castes and Backward Classes Department";