D S. Tewatia, J. - (1.) The appellants' writ petition No. 3314 of 1973 was dismissed by the learned Single Judge, vide order dated 17-11-1975, on the ground of laches. Hence this Letters Patent Appeal.
(2.) The petitioners for their next promotion had to qualify in a test in terms of certain executive instructions promulgated in the year 1948, against which the petitioners and others submitted "representations in the year 1953, 1955, 1959 and 1966 The executive instructions on the lines of 1941 instructions were also promulgated in the year 1958, against which some employees had made representations. One Shamsher Jang Shukla challenged the requirement of passing a test incorporated in the 1958 instructions by filing a civil suit and it was held that those instructions were invalid and could not override the rules governing the service. This decision was affirmed by this Court and later on by the Supreme Court in the State of Haryana Vs. Shamsher Jang Shukla, A.I.R 1972 S.C. 1546. The Haryana Government, vide its letter dated 11-9-1973, annexure P. 6, decided that benefit of Shukla's case (supra) would be extended to such employees as had obtained decrees of the Courts upholding their rights and not to others. It is after that the present writ petition. (Civil Writ No. 3314 of 1973) was filed on 22-9-1973.
(3.) The representation made by affected employees were rejected by the conceited Government on 20/27-1-1960. that is more, on 4-5-1966, petitioner No 1 served a notice under section 80 oi the Code of Civil Procedure upon the State Government, but he did not seek a relief by filing a suit. The cases of the other petitioners were, in no way, different from that of petitioners No. 1.;