RITU BAHRI,J. - (1.) The petitioners are seeking quashing of the order dated 07.09.2010 (Annexure P -6), whereby respondents have denied the benefit of relaxation in the rules for promotion to the post of Divisional Head Draftsman and Circle Head Draftsman.
(2.) Petitioner No.1 was appointed as Tracer on regular basis vide order dated 27.12.1973. Petitioner No.2 joined with RID Division, Ambala and petitioner No.3 was appointed in January, 1974. Rest of the petitioners were appointed on Stipendiary basis as Tracers and regularized vide order dated 13.08.1974. Vide order dated 22.10.1980 (Annexure P -2), petitioner No.1 was promoted to the post of Assistant Draftsman. Petitioner Nos.3 to 6 were promoted vide order dated 12.01.1982, petitioner No.2 was promoted on 11.12.1980 and petitioner Nos.7 and 8 qualified the departmental test for the post of Assistant Draftsman after attaining the experience of more than five years. Vide notification dated 13.01.1983, the Government of Haryana notified the service rules known as Haryana Public Works Department (Public Health Branch) Draftsman and Tracer (Group 'C') Service Rules, 1983 and prescribed the qualification for various posts. Rule 9 of the Service Rules, 1983 provides the process of recruitment as well as promotion from the post of Tracer to Circle Head Draftsman. The said Rule is reproduced as under: - "9. (I) Recruitment to the Service shall be made - Method of recruitment. (a) in the case of Circle Head Draftsman - (i) by promotion from amongst the Divisional Head Draftsman; Or (ii) by transfer or deputation of an official already in the service of any State Government OR the Government of India; (b) in the case of Divisional Head Draftsman - (i) by promotion from amongst the Assistant Draftsman; or (ii) by transfer or deputation of an official already in the service of any State Government or the Government of India; (c) in the case of Assistant Draftsman - (i) 66% by direct appointment; or (ii) by transfer Or deputation of an official already in the service of any State Government or the Government of India; and (iii) (a) 17% by promotion from amongst tracers who possess qualification prescribed for direct recruitment to the posts of Assistant Draftsman; (b) 17% by promotion from amongst Tracers who have qualified departmental test conducted by the Engineer -in -Chief for the post of Assistant Draftsman; and (d) in the Case of Tracers, - (i) by direct appointment; or (ii) by transfer or deputation of an official already in the service of any State Government or the Government of India. (2) Unless otherwise provided when any vacancy occurs or is about to occurs, the appointing authority shall determine the manner in whicch the same shall be filled in. (3) All promotions shall be made on seniority -cum -fitness." The qualification for direct recruitment for the post of Tracer, Assistant Draftsman and further for promotion to the post of Divisional Head Draftsman and Circle Head Draftsman are provided in Appendix 'B' Rule 7 of Service Rules, 1983, which are as under: - JUDGEMENT_35_LAWS(P&H)7_2016.jpg The petitioners were duly qualified for the post of Tracers at the time of appointment and thereafter, they have been promoted to the posts of Assistant Draftsman after five years experience as Tracers and passing of departmental test.
(3.) Grievance of the petitioners is that after coming into force the Service Rules, 1983, they have been ignored for further promotion to the post of Divisional Head Draftsman on the ground that they do not fulfill academic qualification of diploma in Civil Engineering or a certificate in Civil Draftsman from a recognized institution. They were having the second qualification of five years experience as Assistant Draftsman. Juniors to the petitioners have been promoted as Divisional Head Draftsman then Circle Head Draftsman way back in the year 2001 and onwards. They are seeking the benefit of relaxation, which has been extended by the department in the case of Head Draftsman for promotion to the post of Circle Head Draftsman vide letter dated 22.10.1997 (Annexure P -3). The petitioners made an application dated 24.06.2009 (Annexure P -4) for grant of the above said benefit as has been granted to Sh. O.P. Malhotra and Sh. Gopi Ram. The case of the petitioners has been recommended by the Engineer -in -Chief, Haryana, PWD -respondent No.2 to respondent No.1 vide letter dated 29.10.2009 (Annexure P -5). Thereafter, vide order dated 07.09.2010 (Annexure P -6), the claim of the petitioners has been rejected.;