4P 496 Of 4 41 INTHE GH COURT OF PUNJAB 84HARYANA AT 1 CHANDIGARH 1 CWPNo141030f2008 DateofDecisionl 1792010 Devi Lal Sihagand others ePetitioners Versus State of Haryana Respondents 9 2e CWP No 14232of2008 1 YogeshKumar Mehta andanother ePetitioners Versus 0 0 StateofHaryana Respondents I C CWP No 14081of2008 I Satish Kumar Jain Petitioner Z Versus 11 2r StateofHaryana 1 I 4 CWPNo141140f2008 e SubhashChand Gaba andanother Petitioners 0 C VersuS 9 1 Stateof Haryana Respondents 1 COR HONBLE MRJUSTICE PERMOD KOHLI f l Present Mr Ashok AggarwalSr Advocatewith 4 1 Mr lS Sidhu Advocate 1 Mr SumanJain Advocate Mr RajivAtma Ram Sr Advocatewith Ms SunitaChauhan Advocate 1 Mr HS Hooda Advocate General Haryana4th Mr RS Kundu Addl AG Haryana 8 84 IPERMOD KOHLIJ ORALI 1 thevaliditylegalityandpropriety oforder dated 1 1 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 497 4 14 0 4 CWP No4103 of2008 e 5B2008 passedby the Govt of Haryana nnexure Pell referredto as the impugnedorder these writ petitionshave been filed for its quashmentand other directions The impugned order beingcommon 111 all the writ petitionsthesepetitionswere hard and are being bythis common order The facts are beingnoticed from CWP No 14103 of 2009 These petitioners were workingin different capacitiesin the State of e t HaryanaTheywere selectedand appointed to HaryanaCivil 0 Services Executive Branchl lereinafter referredto athe servicelfrom I RegisterA1 AI and C on 402004 in terms of Rule 50f the Punjab CD Civil Services ExecutiveBrancl Rules 1930 hereinaer referredto as the I Ruleslas applicable to the State of HaryanaTheir was 111 Z 4 consultation with the HPSC ferredto as the t The petitioners were placedon probationfor one yearunder Rule 22 61 of Z the rules Petitioners 3 years and 10 months service on their c25 00 and thus completed the probationperiod However e Wm5 no formal order of their con8rmationcame to be passed Optionswere Z 9 soughtfrom the petitionervide communicationdated 7005 for their Qw conflnnationunder Rule 315 of the PunjabCivil ServicesRules Voll Part II and the petitionersconveyedtheir optionsfor such confirmation The State fixed the pay of the by granting two increments in 16 w advance on passingof the examination a preecondition for such confirmation All the petitionersclaim to have qualitledthe examinationentitlingthem conOrmationto the service A tentativesenioritylist ofthe membersofthe servicealso came to be issued vide order dated1222006 e Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 4 498 1 4V CWP No 14103 of2008 e3 While the petitioners were performingtheir duties as HC Officers theywere servedwith show causenoticedated17A007 to show cause why they be not repatriated to their parent The petitionerswere communicatedthat the StateGovt ha9 remdeterminedthe cadre strengthof the serviceandthe same has beenreducedOom 300 posts to 230 postsrendering 19 vacanciesn6neexistentand surplus repatriation of thepetitioners to their parentcadres It was indicated in the P Ce show cause notice that the surplusvacanciesinclude 8 from Ael Regis 0 District Revenue Oftlcers Tehsildars and Naib Tehsildarsl6 vacancies 0 from A4I Register nembers of Class4II service9and 5 vacancies from D Register C DOs and PanchayatOfficersl Repliesof the were soughtwithin 15 daysfrom the receiptof the aforesaid show cause Z e notice Petitionerschallenged the aforesaidshow causenoticesbefore this Court in CWP No 6578of2007 Repatriation ofthe was 1ltayed Cr I vide order dated 32007 Finally the said writ petitioncame to be c25 C disposedof vide order dated 20122007 and were relegated to 1 amw theremedyof fllingobjections to the show causenotice within 10 daysand Z the Chief Secretary to Govt Haryanawas directedto passa speakingorder Om 1 meeting all the objections raised bythe petitionersIt was further directed that in case any adverseorder is passedit will not be acted upon for a periodof 10 days As a consequenceof the aforesai order petitioners 1 1 4C1 submitted their objections dated 1652008 indicatingthe details of the vacancies under variousregistersand pleaded that their appointment is still within the reducedcadrestrength andtheycannot be declaredas surplusIt appears that the repliesof the did not weighwith thF 4 theimpugned orderdated5S1008 came to be Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 499 Ie 7e e CWP No 14103of2008 4 passed When these writ petitionswere filed reversion of the petitioners was stayedvide order dated 11802008 till the next datfof hearingwhile putting the State to notice and inviting objections Respondents were directedto Ole a detailedaffidavit givingbreak up ofthe cadre posts Interim order cameto be continued from time to time 1 Llf The filed a detailedreply CWP No 14103 0 of 2009 besidestwo more affldavits dated13008 and 172009 of one 4 I Rao Special to Govt HaryanaPersonnel CD I Stand of the in the order as also Z replylaffidavitsis brieflynoticed hereinaRer It is stated that the total authorizedstrengthof the service was 240 postsas fixed bythe Govt of Haryana vide order dated711990 A cadre review was due in the year r25 2002 A Cadre Review Committee was constitutedby the Govt The a0 e V Committee considered the requirement of posts received from various Z and also the of the HaryanaCivil Services CL ExecutiveBrancl AssociationeTheAssociation for 48 poststo the cadre The requestwas accepted bythe Committeeand 198 postsand totalauthorizedcadrestrength as 271 The Govt accordingly 4 decided to increase the cadre strengthfrom 240 posts to 300 postse Accordinglythe cadre strength was fixed at 300 postsvide HaryanaGovt order dated 18112003 It is further statedthat the Govt decided to Oll up 77 vacanciesincluding16 vacanciesfrom the earlier yemfrom RegisterB of theacceptedcandidateson thebasisof the examination 61 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 200 44 1 dl 41 1v CWP No 14103of2008 5 vacancies becameavailablefrom various registersdue to increase in the cadrestrengthfrom 240 to 300 posts Out ofthese 61 19 vacancies became availableon account of increasedstrength in the folloMng manner1 SrNo Register Numberofvacancies Category of officers 1 A4 18 vacancies i District Revenue OfOcCrS Tehsildars and Naib Tehsildars 2 A4I 6 vacancies Members of Class4II 1 servlce Cc 3 C 15 vacancies Block fficers and Panchayat 0 OtllcerSe C0 I On of the process of selection 19 offlcers from C5 these registers were Out of 19 officers20f8cers expiredand I one reverted back to the parent due to fake BA Degree Z e certiOcate In respecttothe vacancies fromRegisreB it is statedthat 42 2 rl vacancies for RegisterBbecame available on account of increasein the I cadre strengthand 16 vacancles of earlier year were advertisedby the c6 ClQ Commission for direct recruitment and recommendationswere made in 1 nm December 2004 In the meantime in theyear 2005 the Govt reviewed the Z cadrestrengthofthe serviceand it was observedthat the cadrestrength was C1m artificial andnot commensurate with the ofthe administration Therefore the Govt vide order dated 1352005 reetennined the cadre strength and fixed the same as 230 postsincluding1dditional postsfor unforeseendemands Thus the cadrestrength was reducedfrom 300 to 230 41ev0 posts The recommendeesofthe Commissionagainst the direct recruitment quota02egisterBI could not be appointed 6n account of reduction in cadre strengthTheyfiled various wnt petitionsncludingCWP Nos 2005 and 6099 of 2005 Mahinder SinghVs Stateof Haryanaand others and theysoughttheir on the basisoftheir Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 201 4 nn1 9 e 4m r CWP No 14103of2008 e by the Commis6ion Theyalso challengedthe Govt order relxing the cadre strengthfrom 300 to 230 These yrit petitionswere dismissedby the High Court vide order dated 1202006 upholdingthe validityof the Notiflcation dated 3052005 relxing the cadrestrengthand also held that selecteeshave no rightof appointnient The petitionersthereinfiled S11s before the Honble SupremeCourt and m Civil Appealscame to be dismissedby the Honble 5preme Court vide 0 dated1122007 It is furtherstatedthat afterthe of C I theHigh Court the Govt considered the entirematter and found that 19 C5 vacancies against which the petitionersherein were appointed have gone noneexistentdueto reductionofthe cadrestrength from 300 to 230 and tlS Z the 19 offlcers who were appointed on 402004 were renderedsurplus and it was decided to them AccordinglyaRer givingshow cause notice the order oftheir repatriation hasbeenpassed 08 rJ In sum and substancethe contention raised on behalf of the e 7 respondents can be summedup in thefollowingmanner1 Z 6i ValidityofNotification dated1352005 reducingthe cadre strength from300 to 230 standsupheldbytheHighCourt in caseof Mahinder Singh in reported as 2001 SCT 579 andjudgement of Honble Supreme Court reported as 200829SCC 161 1 6ii Petitioners appointment was againsttheincreasedvacancies from 240 to 300 On reductionof the cadrestrength from 300 C to 230 thevacanciesstandabolishedandthusthepetitioners arerenderedsurplus iio Even if thevacanciesare available have no rightas their appointment was againstthevacanciescreatedon account ofthe increaseofcadre strength from 240to 300 thestrength havingbeenreduced their bewmesurplus I Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 202 4 CWP No 14103 of2008 7 Tothe contrarythe contentionsof the are as under i1 On increase ofthe cadrestrengthadditionlhvacanciesare addedto the totalcadre ofservicee ii On appointment thepetitioners becamemembersof the cadre ofservice irrespective ofthe source 6iii9 Evenafterthe reductionofthe cadrestrength from 300 to 230 thepetitionersappointment remainedwithin the reducedcadre on account of of sufScient numberof 6 m vacanciesfrom different sources C2 to the setvice is governedand regulated by the 0 C rules namelyPunjabCivil Services Executive Branch9Rules I C5 1930 Someofthe relevantprovisions ofthe rulesare noticed hereunder I C4 26c1 The Service means the HanpanaCivil Service Z Executive Branchl e XXX Xxx XXX 3 of cadre19The strength and of C45 theHatyanaCivil Service Executive Cadre shall be such as maoe 00 determinedbythe Govt from timeto time 7 Z The Govt shal atthe interval ofeverythreeyears re tl exarnine the strengthand of the HaryanaCivil Service 6ExecutiveBranch9 cadreandmay makesuch alterationsthereinas it deems e fltl Provided thatnothing in this ruleshall be deemedto affect the power of the Govt to alter thestrength and 6f the cadreat any time 16 XXX XXX XXX 5 Members to be appointedby the Governor of Haryana from amongaccepted candidates Membersof theserviceshall be appointed by theGovernor ofHaryanafrom timeto time as required from among 4 9 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document e 203 4 r CWP No4103 of2008 candidateswhose names have b1 duly enteredin withthese rules in one or other ofthe registersofAcceptedCandidatesto be maintainedunder theserules1 Providedthat if in the opinionof the State Govt the exigencies of the service so requirethe StateGovt may makespecial recruitment to e the service by such methods as it may be notiflcation specifyafter m tr consultationwith thePublic ServiceCommission 0 Xxx Xxx Xxx 0 6 to be maintainecfhe followingRegisters I C5 1 Accepted Candidatesshall be maintainedbythe namelyl I 6a RegisterA4 of District RevenueOfficers Tehsildarsand Z Naib Tehsildarsaccepted as candidates C bo RegisterA4I ofmembers ofClass III serviceaccepted as I candidates 06 e oo c9 of persons acceptedas candidates on the 7 result ofa examination and Z d9 RegisterC of Block and Panchayat Officers 1t xxx xxx XXX 17 Appointmentof registeredcandidatesto servicemThe eee Govemor of Haryana shall ordinarily make to the service hl of rule 5 from amongstcandidateswhose names are enteredin the variousregisters in rotationas followsl e From Register B two candidates From Register A4 onecandidates From Register B two candidates From RegisterAII one candidate From RegisterB threecandidates From RegisterAaI one candidate 1 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 204 1 e CWl No 14103 of2008 From RegisterB twocandidates From RegisterAeII one candidate From RegisterC onecandidate From RegisterB threecandidates From RegisterAI onecandidate a0 From RegisterB two candidates From RegisterAII onecandidate From RegisterB two candidates From RegisterAeI onecandidate 1 From RegisterB threecandidates From RegisterC one candidate 1 C and thereafterin the same rotation beginningagain from 0 RegistereBe 35 0 I Xxx XXX XXX C5 e 20 Seniorityof membersof serviceeloThe seniorityof I membersappointed to the serviceshall be determinedfrom the dateoftheir Z appointment 0 Provided that the order of merit determinedby the Public 1 Service Commission or the Selection Committee as the case may be 111 08 QO respect of personsappointed from registers in rule 60r through 7 specialrecruitmentundertheprovisoto rule 5 shall not be disturbed Z 21 Ifthe name ofa candidateis reed from theregisterof tl accepted candidatesor thelist of specialrecruitsor thewier of appointment 1S cancelled under the provisionsof rule 19 and such candidate 1S appointed to the service his seniorityshall be determined eam from the dateofsuch Xxx Xxx XXX 1 23 Servicesof memberson probation liable to be dispensed with for work or conducteIf in theopinionofthe Governor of Haryanathe work or conduct of a memberappointed to the serviceduring theperiodofprobation is not he may 9 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 205 rll 3 CWP No 14103of2008 a 1 ca9 ifsuch memberis recnlited bydirect recruitment dispense with his service and b9 if such person is appointed otherwise than bydirect recruitment o revert him to his formerpost or e iil dealwith him in such other manner as the tenns and conditionsofhis previousappointment permit 1 XXX Xxx XXX 24 Substantivepermanent On the 0 C0 of the periodof probation prescribedbyor determinedbythe Govemorof I C5 Haryanaunder the provisionsof rule 22 a memberof the service shall be I qualifiedfor substantive permanentappointment providedhe haspassetthe r Z examinationbythehigherstandard C From thepleadings of the parties and the documentsplacedon e I record followingadmittedfactsemergel 08 i9 Cadrestrength of service was increasedfrom 240to 300 posts r0 vide order dated1812003 Petitionerswere appointed on 40004 against 16 vacanciesfrom Register A18 AII e6 W2 andRegister Ca5 Z ii Petitioners Their salaryhasbettn Ll refixed and theyare included in the tentativeseniority Iist 110 orderof oftheir servicesduringand aer probation was passed iio Cadre was reducedfrom 300to 230 videorder dated 1352005 eeP 6ivl 42 direct recruitsfrom were recommendedfor appointment bythe Commissionin December 2004 9 the petitioners and threeother candidateswere appointedagainst19 vacancies from RegisterA1 A4I and C as per the detailsgivenherein above on 402004 in accordancewith the procedurewhereas 42 candidatesagainstdirect recruitment quota 5 RegiSterBwho were selectedandrecommendedbythe Commissionwere Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document t r 206 1 CWP No 14103of2008 11 e not In CWP No 6499 of 2005 Mahender SinghVs State of Haryana and othersand CWP No 28997 of 2005 Chandi ram Vs State of Haryanaand others the recommendees ofCommission challenged the action 1 of the respondents in not offeringthe appointment to them and a directionfor their appointment againstthe notified vacancies Theyalso the Govt order dated1352005 reducing thecadrestrength from 5 tr 300 to 230 These writ petitions dismissedwith the following were 0 observationsl 0 e 6t It would therefore not be possible to acceptthe submission 1 C of the learned counsel for the that there has been any unfair I motive in the issuance of the Notification dated 1352005 by the Z respondents to Ox the cadre strengthWe are also unable to say that the n 1 6 1 1 0 redeterminationand determinationof the cadrestrengthis contraryto Rule 1 I 3 ofthe 1930Rules 08 b cn Xxx Xxx XXX m 32 Sincethereare no vacancies no Mandamuscan be issued Z to the respondents to appointthe petitionersWe havenoticed that the tl efflcacyof the entire selection has been doubted and enquiryis being conducted by the State VigilanceBurea This apart it has been the consistent view of the Supreme Court that mere selection for 44me does not create a legalrightwhich can beeliforcedbyissuanceof a wri in natureofMandamus The aforesaid was before the Honble SupremeCourt On considerationof the issue the Honble SupremeCourt affirmed the of theHighCourt with thefollowing observationsl e Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 207 4 C4 1 e C r CWPNoe14103of2008 44 35 We also do not see any reason to interfere with the impugnedNotiflcation dated 1352005 What would be the need of the State and how an administration shall be run is within t4exclusivedomain ofthe State The power ofjudicialreview in such matter is very limited XXX Xxx Xxx 42 The legalprincipleobtaitiing herein is not in disputethat the selecteesdo not haveany legalrightof appointment subjectinter 3 1 C to bona fide actin on thepartofthe State 0 Based upon ofthe HighCourt and ofthe Honble C I SupremeCourt in case of direct recruits wherein the Honble Supreme D Court not onlyupheldthe validityof the Notiflcation dated 1352005 I reducingthe cadrestrengthbut also ruled that the selecteeshave no rightof Z 4 appointmentparticularly in absence of the vacancies Mr HS Hooda 2 C leamed Advocate General Haryanahasforcefullycontendedthat once the reduction in cadre strengthis upheldby Honble Supreme Court all those c8 00 againstthe vacanciesreducedfrom the cadre e3 by Virtue of above notification have to go It is contendedthat since the Z appointmentof the petitioners was againstthe additional vacancies on tl increase of the cadre strength from 240 to 300 and these vacancies now havingbeen abolished vide Notificationdated 1352005 the e cannot remain on the posts According to Mr Hooda the issuehavingbeen 4eM detennined by the Honble Supreme Court in Mahender Singhssupra9 case this Court should not redeterminetheissue I have careilly considered the of this Court Mahender Singhscase and passedbythe Honble Supreme Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 208 i6 t CWP No4103 of2008 13 Courte Two issues were raised in those cases 9 The validityof the order of reduction in the cadre strength ii9 The right of selecteeslrecommendeesbythe Commission to appointment De8nite1ythe Govt order reducingthe cadre strength has been upheld It is equallytrue that the Honble SupremeCourt has deniedthe appointment to the recommendeesdespitetheir selectionon account of none availabilityofthe vacancies for direct recruitsas a resulMofthereduction in 1 L the cadre strengthThe aforesaid can onlybe putinto aid bythe 0 Statein so far thequestionofreductiorofcadre strengthis concemed This I Court byno stretchof imagination can go into the questionof vailidityof D the reduction of the cadre strengththecontroversyhavingbeen finaly I settledbythe Honble ApexCourt As a matter of factithis issue need not Z to be gone 111t0Petitionersin thesepetitions are not seeking determination 2 of questionof reduction of the strength de novo To the contrary the I petitionershave accepted the reduction of the cadre strength Their c25 e contention is that their appointment is within the reduced cadre strength OO n7 ThUS Mre Hoodas contentionnot to examinethe claim of the in Z Vlew ofthe Honble ApexCourt in MahenderSinghscase Ll 1S irrelevant The second contention of Mr Hooda that 10 have no right of appointment as held by the Honble SupremeCourt in View ofthe ofthe vacancieshas 4ee to be seen on the basisofthe admittedfactson record In MahenderSinghs case the petitioners were the direct recruits Theywere onlyselectedand recommendedfor appointment and never came to be allegedly due to nonavailability of the vacancies from as a consequence of reductionin thecadrestrengthThe Honble Supreme Coun was only e 1 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 209 b r 8WPVo 14103of2008 examiningthe claim of direct recruits on the basis of the pleadings in those cases The judgement in Mahender SinghscasecannoMlcometo the rescue of the respondents in view of the adrnitted factual positionFirstlythe petitionersstood appointed on their slection Theywere in service for a periodof 3 years and 10 months when the impugned order declaringthem surpluscame to be passed To deny on account of ndna availabilityof vacancleS lS one thingalid to declare a Govt employee as Pm 0 surpluson account of abolition of post is a different situation To fair 0 of the contentionof Mr Hooda sufSce it to say that both the 0 I contentionsof Mr Hooda are not sustainableboth on facts and in law D S Petitioners were never denied the appointmenton account of non availabilityof the vacancleSe Rather theywere appointedagainstthe Z vacancles borne on the cadreof the service Even atler thereduction in the 2 C2 cadre strengthand abolition of as many as 70 posts the petitioners 1 continuedto hold and occupy the vacanciesbelonging to their quotawhich c8 r are still in existenceand within the reduced cadre strength of the service 7 referenceto the same shall be made hereinafter Thus the in Z MahenderSinghscase has no impact on thepetitioners claim to continue in Om theservice e To consider the next contention of Mr Hooda that with the reductionin cadrestrength the vacanciesagainst which the were appointedstand abolished it is necessaryto delve in depththe vacancy ae poSltlOIlas on the dateof appointment of and the date whn the cadre strength came to be reduced Both the sideshavegiventhe details of the vacancy position lll their respective pleadingsand afOdavits Essentially thesedetailsneedto be e Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document e C r 1 CWl No 14103 of2008 examined 8 In the short affidavit of Sh PRaghvendraRao Special to Govt HaryanaPersonnel Departmentdated 132008 the positionfrom differentregisters has been indicatedin the following mannerl 0 VACANCY POSITION Sro Dmeof Dateofcadre Dateofshow Dateofpassing Il appointment to reduction132005 causenotice theimpugned Ce CSEBo 172007 orderdated 402004 5S2008 0 1 Register Bal9 RegisterB8 Register B30 Register B36 0 Register AleNil Register AlmNil Register AlOl Register Ale I Register AIIeNil Register AmIIeNil Register A4Ie Register AIIm1 CD Register C Nil Register Cw Nil Nil Register C Nil I jRegisterC e Nil Onthe basisof the aforesaidvacancypositionit is statedthat Z on behalfof the Statethat as against220 posts 197 ofOcersare in position 2 including16 who have been ordered to be reverwdto their parent If the 16 are reverted a total of 181 of8cerswill a3 C remainin positionand only39 vacancieswould be availableto the Stateout 7 ofwhich 36 are from Register B 2 fromRegister Al and l from Register Z QW AeII It is 81rtherstatedthat in CWP No 14129of2004 titled as Ram Sinh Vs Stateof Haryanaa direction has been issued to CBl to look into the entire process vide dated 1 92005 However the inquiryby CJ31 has been stayedbythe Honble SupremeCourt on 181112005ln an We SP flled bythe Commission 0 The Statein Al to the aforesaidaffidavithas given details of the posts Vide interimorder dated 102009 a direction was issued to the Stateto file a responseto the avermentscontainedin pages24 25 32 34 and 35 whereinvacancypositionhasbeenindicated The State 1 Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 11 211 e CWP No 14103 of2008 e has accordinglyfiled affidavit dated 1782009 of StPRaghvendra Rao SpecialSecretary to Govt HaryanaPersonnel DepanmentIt is stated that prior to 18 1e2003 the authorized cadre strengthofthe service was 240 posts In April 2003 there were 50 vacancies out of which 32 vacancies were meant for Register B 8 for RegisterAe1 6 for Register RegisterC However the vacancies meant for RegistersAl AaII and C were filled on 1362003 but the vacancies from could not be P 0 filled up The last appointeesagainsttheseregisters are shown to be as 0 under e I 44RegisterA4 332 Sh Amardeep Jainl D Register AII 329 ShAshok Kumar9 r RegisterC 322 ShSuresh KumarY Z It is Olrtherstatedthat as on 18112003 the cadrestrength as t reedetenninedand increasedfrom 240 to 300 postsandwith the increasein I the cadre strength and availability of 16 vacanciesfrom RegistereB fronhe a C0 earlier yearand one vacancydueto retirementin theyear 2003 the vacancy 3 positionbecameas under Z Total Vacancies 77 S tl Register B 58 Register Al 8 Register AII 6 RegisterC 5 e ExceptRegisterB vacanciesfrom all otherregisters were filled up byappointing the and other candidateson 402004 In this affidavitthe vacancypositionon different datesis givenas under e Pooja 2014.02.13 14:07 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 212 4 1 P7 1 r 1 CWPVo 14103 of2008 1 VACANCY POSITION SNo Date of Date ofcadre Dateofshow Dateofpassing appointment to reductior 132005 causenotice theimpugned HCS CEBI 17A 2007 orderdated 4102004 5B2008 1e RegisterB49 RegisterB Ol Register Be30 RegisterBa35 RegisterAleNil RegisterAlNil RegisterAl