Full Judgment
CIVIL WRIT PETITION No.5471 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION No.5471 of 2010 DATE OF DECISION: JANUARY27 2014 Sarwan Kumar & others .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH1 Whether Reporters of local papers may be allowed to see the judgement?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
Present: Mr.Kanwaljit Singh, Sr.Advocate with Mr.B.B.S.Randhawa, Advocate for the petitioneRs.Mr.Sunil Nehra, Sr.D.A.G., Haryana, for the State.
None for respondent No.4 ***** AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioners have approached this Court challenging the promotion of respondents No.3 and 4 whereby they have been promoted to the post of General Manager and have been posted as Deputy Transport Controller (Traffic)/Flying Squad Officer (Traffic).It is the contention of counsel for the petitioners that the services of the petitioners is governed by the Haryana Transport Department (Group A) Service Rules, 1992.
Rule 11 of the Rules deals with the recruitment of service and Appendix-A deals with the post, number and Harish Kumar 2014.01.29 10:57 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION No.5471 of 2010 -2- character of the post.
Rule 9 of the Rules deals with the recruitment of the service i.e.method of recruitment.
In the said Rule, 9(k) deals with appointment to the post of Deputy Transport Controller (Traffic) and Flying Squad Officer (Traffic) and Rule 9(l) deals with the post of General Manager and Secretary, Regional Transport Authority.
Sub-Rule 2 of Rule 9 states that all promotions unless otherwise provided, shall be made on Seniority-cum-Merit basis and seniority alone shall not confer any right to such promotions.
He, on the basis of the statutory rules, contends that the petitioners being senior-most Traffic Managers were entitled to consideration for promotion to the post of Deputy Transport Controller (Traffic) and Flying Squad Officer (Traffic).He, further contends that the appointment/promotion of respondents No.3 and 4, thus, cannot sustain as they do not belong to the cadre of Traffic Manager.
Although respondent No.3 belongs to the cadre of Traffic Manager but has already been promoted to the post of General Manager and, therefore, he is not entitled for promotion to the post of Deputy Transport Controller (Traffic)/Flying Squad Officer (Traffic).He, accordingly, contends that the impugned order cannot sustain.
None has put in appearance on behalf of respondent No.3.
Counsel for respondent No.4 had, on 30.09.2013, made a statement in Court that he adopts the written statement filed by the State.
Respondent No.3 has filed his own reply wherein the factual assertion as made in the reply by the State is reiterated.
Counsel for the State, on the other hand, contends that the factum with regard to the promotion of respondent No.4 being outside the cadre cannot be disputed, however, it has been stated that the same has been Harish Kumar 2014.01.29 10:57 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION No.5471 of 2010 -3- done in view of public interest.
As regards respondent No.3 is concerned, it has been stated that the post of General Manager and that of Deputy Transport Controller (Traffic)/Flying Squad Officer (Traffic) belongs to a common cadre post i.e.group A and, therefore, he has been rightly promoted to Deputy Transport Controller (Traffic).I have considered the submissions made by the counsel for the parties and with their able assistance have gone through the records of the case.
Admittedly Rule 9 deals with the appointment i.e.the method of recruitment.
Sub-Rule k and l reads as follow:- “(k) In the case of Deputy Transport Controller (Traffic) and Flying Squad Officer (Traffic),- (i) by promotion from amongst Traffic Manager; or (ii) by transfer from Haryana Civil Service (Executive Branch).(l) In the case of General Manager and Secretary, Regional Transport Authority,- (i) by promotion from amongst Works Manager, Service Engineer, Stores Purchase Officer or Traffic Manager; (ii) by transfer from Haryana Civil Service (Executive Branch) Cadre.”
.
A perusal of the above Rule would show that the feeder cadre for promotion to the post of Deputy Transport Controller (Traffic)/Flying Squad Officer (Traffic) is from amongst the Traffic Manager.
It is an admitted position that respondent No.4 does not belong to this cadre and, therefore, he could not have been promoted to the post of Deputy Transport Controller (Traffic) or the Flying Squad Officer (Traffic).The promotion of Harish Kumar 2014.01.29 10:57 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION No.5471 of 2010 -4- respondent No.4, therefore, being dehors this Rule cannot sustain and is hereby set aside.
As regards the promotion of respondent No.3 is concerned, suffice it to say that respondent No.3 has already been promoted to the post of General Manager and, therefore, he could not have been considered for promotion to the post of Deputy Transport Controller (Traffic)/Flying Squad Officer (Traffic).Under the statutory rules, the General Manager is not a feeder cadre post.
The promotion of respondent No.3, therefore, also cannot sustain as he having been already promoted to the post of General Manager.
In view of the above, the present writ petitioner is allowed and the impugned order dated 10.02.2010 (Annexure P-5) is hereby quashed, leaving the parties to bear their own cost.
January 27, 2014 ( AUGUSTINE GEORGE MASIH ) Harish JUDGE Harish Kumar 2014.01.29 10:57 I attest to the accuracy and integrity of this document