Rajiv Narain Raina, J. - (1.) Prior to 1995 there were no rules governing service in the Haryana Roadways and employees were in non-rule territory. Ram Karan, Washing Boy on a request application submitted by him was re-designated as Helper Mechanic on May 04, 1984. Based on this administrative precedent, the petitioner who is senior to Ram Karan as Washing Boy made an application likewise for change of designation on January 11, 1989. His case was processed and the following remarks were put on his application in the noting:- "Subject : Application for change of designation. Sh. Om Parkash, Washing Boy has given the application for his service. He is on the post of Washing Boy for 7 years and working as helper in mechanical branch for 6 years approximately. He has too much knowledge about the mechanical helper. The employees has given the application to change his designation from Washing Boy to mechanical helper. The application of the employee is attached for next necessary action. Sd/- 13.1.89 Sd/-Report of Workshop Manager H.M./Foreman Report. Sd/- 4.3. This employee is useful for helper and doing work as helper. Sd/- Sd/- Report of H.M. and F.M. was asked. They had written that employee is able for helper. Sd/-EA Sd/- 4.3.89 Subject: For changing designation (Sh. Om Parkash, Washing Boy). Report of the last page order, is as under:- 1. This time, the post of helper is vacant. 2. It has happened before also that Washing Boy and helper has same pay scale as seen in the record, which is 750-12-870-EB-14-940. Hence, submitted for order. Sd/-4.3.89 Accordingly to above said report, the post of helper is vacant. But any employee will reinstate from the court which does not effect on this post is the pay scale of both the posts is same You are efficient officer of this post. Keeping in view about the above facts, if you think fit, then kindly change the Washing Boy to Mechanical Helper, because, according to Workshop Manager, the helper knows the mechanical work. The changing will be right hence, order. Sd/-4.3.89 Accordingly to prior permission of the last page, true copies with sign are attached. Sd/-4.3.89 Sd/-4.3.89 Attach the instructions of the Government. What are the conditions of two helpers. Sd/-4.3 This employee is working on the post of Washing Boy since 22.6.82 and employee is 9th pass and fully knows the work of the helper. Because, the workshop Manager has approached to change the post of Washing Boy to helper in his report. According to Government rules/instructions 8th pass can become a mechanical helper and he fulfils all the Government conditions. The pay scale of both the posts is same and you are efficient officer for both the posts. Keeping in view of the above facts, it is right to change the employee to mechanical helper from Washing Boy. Sd/- Supdt. 4.3.89"
(2.) The recommendation made to the higher authorities was favourable to the petitioner but the ultimate result of the exercise ended in rejection vide order made on March 05, 1989 but the same was not conveyed to him in writing. The legal effect of which was that it was no order in the eyes of law capable of being challenged in Court. The seniority list of Helpers reveals that the name of Ram Karan figured at seniority position 37 as against the name of the petitioner figuring at Sr. No.21. The petitioner was appointed to service as a Washing Boy on June 22, 1982 whilst Ram Karan later on May 14, 1983. The seniority list was common to Washing Boy, Helper (Tyreman) and Helper (Mechanical). The seniority list was issued on December 24, 1987.
(3.) Aggrieved by discriminatory treatment as against Ram Karan the petitioner approached this Court in CWP No.800 of 1998 impleading Ram Karan as the 4th respondent in the petition. The prayer was for directions to promote the petitioner as Assistant Fitter from the date on which person juniors to him were promoted as Mechanic/Assistant Fitter. He claimed consequential benefits also towards fixation of pay and demanded payment of arrears of salary etc. The writ petition was disposed of by the Division Bench on January 20, 1998 without going into the merits of the case at the stage when the petition was brought. Their Lordships considered it appropriate to dispose of the petition by directing the General Manager, Haryana Roadways, Jind to consider and decide the representation of the petitioner dated May 15, 1997 within a period of four months from receipt of a copy of the order either from the Court or from the petitioner whichever was earlier. It was ordered that in case the petitioner was found entitled prima facie to the relief claimed then a final decision be taken in the presence of persons likely to be effected.;