1 1 el7V IN THE HlGH CO OF PUNJAB 8i YANA AT CHANDIGARH 1 CWP No 14103of2008 Date ofDec6ion792010 Devi Lal Sihagand others ePetitioners Versus StateofHaryana 2 CWP No 14232of2008 1 1 YogeshKumar Mehta and another tr vPetitioners 0 Versus C StateofHaryana 0 3 CWP No 14081of2008 SatishKumarJain Z Versus a Q StateofHalyana 4 I CWPN 14114of2008 08 SubhashChandGaba and another 1 1 aPetitioners oo Versus m Z StateofHaryana Om CORAM1 HONBLE MRJUSTICE PERMOD KOHLL Presentl Mr Ashok AggarwalSr Advocatewith Mr lS Sidhu Advocate 0 Mr SumanJain Advocate 4 Mr RajivAtma Ram Sr Advocate with e Ms SunitaChauhan Advocate 4 Mr H Hooda AdvocateGeneral Haryanawith Mr RS Kundu Addl AG Haoana 1 884 PERMOD KOHLIJ ORALI thevaliditylegalityand proprietyoforder dated 41 1 0 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 0 239 t r 1 CWP Noe 14103 of2008 1 0 582008 passedby the Govt of HaryanaoAnnexureP111 lereinaer referredto as the impugnedorder9these writ petitionshave been 81ed for its quashmentand other directions The impugned order beingcommon lIl all the writ petitionsthesepetitionswere heard and are beingdisposedof bythis common order 0 The facts are beingnoticed from CWP No 14103 of 2009 These petitioners were working111 different capacitiesin the State of 1 L HaryanaTheywere selectedand appointed to HaryanaCivil 0 Services 6ExecutiveBranchlhereinaftereferred to as the servicel C RegisterA1 AI and C on 402004 in terms of Rule 50f the Punjab CD Civil Services6Executive BranchlRules 1930 refened to as the Z Rules9as applicable to the Stateof Haryana Their appointment was ln Z consultation with the HPSC hereinaRerreferredto as the 2 L The petitioners were placedon probationfor one year umer Rule 22 611of I the rules Petitioners 3 years and 10 months service on their c8 OO and thuscompletedtheprobationperiod However e no fOnnalorder of their conOrmationcame to be passed Options were Z soughtfrom the petitionervidecommunication dated 782005 for confinnationunder Rule 315 09of the PunjabCivil ServicesRules Voll Part II and the petitionersconveyed their optionsfor such confirmation The State 8xed the pay of the petitionersbygranting two increments in 4C1e advance on passingof the examination a for 0 such confirmation All the petitionersclaim to have qualifiedthe examinationentitlingthem confirmation to the service A tentativeseniority list of the membersof the service also came to be issued vide order dated12122006 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 240 r 1n 4 rv5 V CWP No 14103of2008 3m 0 While the petitionerswere performingtheir duties as HeCS Offlcers theywere served with show cause noticedated17A007 to show cause why they be not repatriatedto their parent The petitionerswere cornicated that the StateGovt has reedeterminedthe 1 cadrestrengthofthe serviceand the same has beenreducedfrom 300 posts to 230 postsrendering 19 vacanciesnoneexistentand surplus repatriation of the to their parentcadres It was indicatediIoe 1 L show cause notice that the surplusvacancies include 8 from Ael REgister 0 6DistrictRevenue Officers Tehsildars C and Naib 6 vacancies I from AII Register6members of ClassII service9and 5 vacancies from CD Register C DOs and Of8cersl Repliesof the petitioners I were soughtwithin15 daysfrom the receiptof the aforesaidshow cause Z notice Petitioners the aforesaidshow cause noticesbeforetliSs 2 Court in CWP No 6578 of2007 Repatriation ofthe petitioners was stayed vide rder dated 352007 Finally the said writ petitioncame to be a2S ao of vide order dated20122007 and petitioners were relegated to Wn7 theremedyof filingobjections to the show cause notice within 10 daysand Z the Chief to GovteHayana 0 CJm was directedto passa speaking order all the raisedbythe It was furtherdirected that in case any adverseorder is passedit will not be acted upon for a periodof 10 days As a consequenceof the aforesaidorder petitioners e submittedtheir objections dated 1652008 indicating the details of vacancies under variousregisters and pleadedthattheir appointment is still within the reducedcadrestrength andtheycannot be declaredas surplusIt appears that the repliesof the petitionersdid not weigh with the respondents theimpugned orderdated582008 came to be 0 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 10 ewA 241 P 911 1 CWP No 14103of2008 4 passed When these writ petitions were filed reversion of the petitionerswas StaYedVide order dated 112008 till the next date of hearingwhile putting the State to notice and invitingobjections 0 Respondents were directedto Ole a detailedamdavit givingbreak up ofthe cadre posts Interimorder cameto be continued from time to time P 1 The filed a detailedreplyin CWP No 1413 0 of 2009 besidestwo more affidavitsdated1382008 and 1782009 ofone 0 Rao Special to Govt HaryanaPersonnel D lC Stand of the respondents lll the impugned order as also the Z 1 replylafOdavits is brieflynoticed hereinaer It is s8tedthat the total 2 r authorizedstrengthof the service 240 postsas fixedby was the Govt of T1 Haryana vide order dated7111990 A cadrereview was due in the year c8 OO 2002 A Cadre Review Committeewas constitutedby the Govt The w Committeeconsidered the requirement 1 of postsreceived from Z and also the representationof the HaryanaCivil Services Cle Executive Branch Association The Associationrequested for 48 poststo thecadre The requestwas bytheCommittee and recommended 198 postsand total authorizedcadrestrength as 271 The Govt e 0 decided to increase the cadre strengthfrom 240 posts to 300 posts the cadre strength was fixed at 300 postsvide Haryana Govt order dated18112003 It is lrther statedthatthe Govt decided to fill up 77 vacanciesincluding 16 vacanciesfrom the earlier year from Register B 1 61 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document r 242 17 0 CWP Noe 14103 of2008 e5e vacancies became available from various registersdue to increasein the cadre strengthfrom 240 to 300 postseOuteofthese61019 vacansies became available on account ofincreased strengthin the following manner 1 Sr No Register Numberofvacancies Category ofoftlcers 6 1 A1 18 vacancies District Revenue Omcers Tehsildars and Naib Tehsildars e 2 AII 6 vacancies iMembers of ClassIII 1Service eS 3 C 15 vacancies Block 0 iOtYicers and Panchayat C3 V OtTwrs On completionof the process of selection 19 officers from l C5 I theseregisters were appointedOut f 19 offlcers20f8cers expiredand 1 one reverted back to the parent department due to fake BA Degree Z f1 Certiflcate In respectto the vacanciesfrom it is statedthatb42 vacancies for RegisterBbecameavailable on account ofincrease in the 08 cadre strengthand 16 vacancies of earlier year were advertisedby the C Commissionfor direct recruitment and recommendationswere made in 3 December2004 In the meantime Z 111the year 2005the Govt reviewedthe cadrestrength 0 C was Thereforethe Govt vide order dated 1352005 the cadre and fixedthesame as 230posts 10 additionalpostsfor unforeseendemandsThus the cadrestrength 1 4 was reducedfrom300 to 230 posts The recommendeesof theCommissionagainstthedirect recruitment could not beappointed on account of reductionin cadre strengthTheyOled various writ petitionsincluding CWP Nos 2897 of 2005 and 6099 of 2005 MahinderSinghVs Stateof Haryanaand others 0 andtheysoughttheir appointment on the basisoftheir Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document b l 243 1 1 e CWP No 14103of2008 m6 by the Commission Theyalso challenged the Govt order reefixingthe cadre strengthfrom 300 to 230 These writ petitionswere dismissedby the High Court vide order dated 121002006 0 upholdingthe validityof the Notification dated 3052005 remfuing the cadre strengthand also held that selecteeshave no rightof appointment The petitionersthereinfiled S1Ps before the Honble Supreme Court and m L Civil Appealscame to be dismissedby the Honble Supreme Court 0 dated 11122007 It is 81rtherstatedthat afterthe of C I the HighCourt the Govt considered the entire matter and found that 19 C I vacancies againstwhich the petitionersherein were appointedhave gone nonexistent dueto reductionofthe cadrestrength from 300 to 230 and thus Z the 19 officers who were appointed on 402004 were tenderedsurplusand it was decided to repatriate them Accordinglyaftergivingshow cause I notice the order oftheirrepatriation hasbeenpassed c6 r In sum and substancethe contentionraised on behalf of the 7 respondents can be summedup in thef0llowing mannerl 1 6 Z il ValidityofNoti6cationdated135005 reducing thecadre strength from300 to 230 standsupheldbytheFgh Court in caseofMahinder Singh6supral reported as 2001 SCT 579 and ofHonble Supreme Court reported as 200821 SCC 161 io Petitionersappointment was againsttheincreasedvacancies from 2 to 300 On reductionofthe from 300 4m to 230 the vacanciesstandabolishedandthusthe are renderedsurplus 6iio Even if the vacanciesare ailable petitioners haveno rightas their appointment was against thevacanciescreatedon account ofthe increaseofcadre strength from 240 to 300 thestrength havingbeenreduced their becomesurplus 16 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 2 i 244 0 t 1 CWP Noe 14103 of2008 7e To thecontrarythecontentionsof the petitioners are as under1 io On increaseofthe cadre strengthadditionalvacancies are added to the total cadre of servfce 1 ii On appointment the petitioners becamemembersof the cadre ofserviceirrespective ofthe source iii Even er the reductionofthe cadrestrengthfrom 300 to 230 thepetitionersappointment remainedwithin the reducedcadre strength on account ofsufficientnumberof j vacanciesfrom different sources C 0 0 Appointment to the Servlce is govemedand regulatedby the C statutoryrules namelyPunjabCivil Services Executive Branch9Rules I C5 1930 Someofthe relevantprovisions ofthe rules are noticedhereunderl 1 I C4 26c The Service means the HaryanaCivil Service 1 Z 6Executive Branch C XXX XXX Xxx I 3 Strength of cadr The strengthand compositionof 08 Cll determinedbythe Govt fromtimeto time mn 0 Z 29 The Govt shall at the interval of every threeyears ree 1 examine the strengthand compositionof the HaryanaCivil Service 6ExecutiveBranchlcadreandmay makesuch alterationstherein as it deems tltl P8 Providedthatnothing 111this rule shall be deemedto affect the power of the Govt to alter thestrength and composition 6fthe cadreatly time XXX XXX XXX 5 Membersto be appointedby the of Haryana from amongaccepted candidateswMembersofthe serviceshall beappointed e Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 245 1 1 r 20 CWPITo 14103 of2008 8 acceptedcandidateswhose names have been dulyentered in accordance with these rules in one or other ofthe registersofAccep4sdCandidates to be rnaintainedunderthese rulesl Provided that if in the opinionof the State Govt the exigencies of the service so requirethe State Govt ni make specialrecruitment to the service by such methods as it may be notification specis7aOer 1 Q consultationwith thePublic ServiceCommission 0 xxx XXX Xxx C I 6 Registers to be maintainetThe followingRegistersof C9 Accepted Candidates shall be maintainedbythe namelyl k I 1 6a9 RegisterA4ofDistrict RevenueOffiers Tehsildarsand Z Naib Tehsildarsaccepted as candidates t 6b9 RegisterA4Iofrnembersof ClassIIIservice accepted as I candidates 08 m c9 of persons acceptedas candidates on result ofa competitive examination and Z d9 RegisterC of Block Developmentand Panchayat Qm Officers XXX XXX Xxx 0 17 of candidatesto service The deeee Governor of Haryana shall ordinarilylnake to the servicetn pursuanceof rule 5 from amongstcandidateswhose names are enteredin the variousregisters in rotationas follows 1 From Register B two candidates From Register A4 onecandidates From RegisterB two candidates From RegisterAII onecandidate From Register B threecandidates From RegisterA4 one candidate 0 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 0 I 246 V CWP No 14103of2008 ne9e From RegisterB two candidates 1 From RegisterAII one candidate From RegisterC one candidate From RegisterB three candidates From RegisterAaI one candidate From RegisterB two candidates From RegisterA4I one candidate From RegisterB two candidates From RegisterAeI one candidate From RegisterB threecandidates From RegisterC 1 onecandidate 0 m and thereatler in the same rotation beginningagain from 0 93 C XXX XXX Xxx C5 20 Seniorityof membersof servicell The of I membersappointed to the serviceshall be detennined from the date oftheir Z appointment tr Providedthat the order of merit detennined by the Public Service Commission or the Selection Committee as the case may be in 08 0 C respectof persons appointedfrom registersprescribed in rule 60r through 2 specialrecruitmentundertheprovisoto rule 5 shallnot be disturbed Z 629 Ifthe name ofa candidateis removedfrom theregister of S accepted candidatesor the list of specialrecruitsor theorder of appointment e1 1S cancelled under the provisionsof rule 19 and such candidate is to the service his seniorityshall be determined eee from the dateofsuch XXX Xxx Xxx 23 Servicesof memberson probation 1ijle to be with for work or conductf in theopinionofthe Governorof Haryanathe work or conduct of a memberappointed to the service during theperiodofprobation is not satisfactooemay 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document J 247 Z 11 CWl No 14103 of2008 10 e al if such member is recruited bydirect Rcruitment dispensewith his service and 6b9 ifsuch person is appointed otherwisethan by direct recruitment ll revert hlm to his former post or iio deal with him in such othei manner as theterms and 8 conditionsofhis preyiousappointment pennit 1 XXX XXX XXX 24 SubstantivepermanentappointmentOn the compleon 0 C0 of the periodof probationprescribedby or determinedby the Govemor of I C5 Haryanaunder the provisionsof rule 22 a memberofle service shall be qualifiedfor substantivepermanentappointment providedhehas passedthe 1 1 Z examinationbythehigherstandard 2 r From thepleadings of the paies andthe documentsplacedOn record followingadmittedfactsemerge 1 08 6i9 Cadre strengthof service was increasedfrom 240 to 300 posts QO vide order dated1812003 Petitionerswere appointed on 4O004 against 16 vacanciesfrom Register Ae8 AII 6 Wa and RegisterC5 Z iil Petitioners probation period Their salaryhasbeen tl relxed and theyare includedin thetentativesenioritylist No probation was passed iiil Cadre was reducedfrom300 to 230videorderdated 1352005 ee iv 42 direct recruitsfrom RegisteoB were recommendedfor bytheCommissionin December 2004 the and threeother candidates appointedagainst19 vacancies from RegisterAm1 AII and C as per the detailsgivenherein above on 4102004 in accordancewith the procedurewhereas 42 candidatesagainstdirect recruitmentquotafrom RegistereBwho were selectedandrecommendedbythe Commissionwere 0 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document p 248 L h 5r CWP No 14103 of2008 11 8 not appointed In CWP No 6499 of 2005 Mahender SinghVs State of HrYana and Othersand CWP No 28997 of 2005 chandi ram Vs State of Haryanaand othersthe recommendees ofCommission challenged the aCtion of the respondents ln not offeringthe appointment to them and soughta direction for their againstthe notified vSlcies Theyalso challenged the Govt order dated1352005 reducing the cadrestrength from m Q 300 to 230 These writ petitionswere dismissed with the following 0 C0 tC It would therefore bepossibleto acceptthe submisson I not C9 of the learned counsel for the petitionersthat there has been any unfair I motive in the issuance of the Notiflcation dated 1352005 by the Z respondents to fix the cadre strengthWe are also unable to say that the C redetenninationand detenninationof the cadrestrength 4 1Scontraryto Rule I 0 3ofthe1930 Rules c5 10 XXX XXX XXX V 32 Since thereare no vacancies no Mandamuscan be issued Z to the respondents to appointthe petitionersWe have noticed that the Qe 10 eftlcacyof the entire selection has been doubted and enquiryis being conductedby the StateVigilanceBureau This apart it has been the consistent view of the Supreme Court that mere selectionfor 4 does not create a legalrightwhich can be enforcedbyissuanceof a writ in nature ofMandamus 0 The aforesaid was before the Honble Supreme Court On considerationof the ISSue the Honble Supreme Court affirmed ofthe HighCourt with thefollowing observationsl 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 3 249 t V P 1 0 3l1 CWP No 14103 of2008 2a 44 35 We also do not see any reason to interfere with the impugnedNotification dated 1152005 What would be the need of the Stateand how an administrationshall be run is within the exclusive domain 1 ofthe State The power ofjudicialreview in such matter is very limitec Xxx Xxx XXX 42 The legalprincipleobtaining hereinis not in disputethat the selecteesdo not haveany legalrightof appointment subjectinter alia 1 CE to bona flde actin on the partofthe State 33 0 0 Based upon ofthe HighCourt andofthe Honble 0 I Supreme Court in case of direct recruits wherein the Honble Supreme CD Court not onlyupheldthe validityof the Notification dated 1352005 I reducing the cadre strength but also ruled thatthe selecteeshave no Z 94 appointment in absenceof the vacancies Mr HS Hooda learned Advocate General Haryana has forceillycontendedthat once the I reduction in cadre strengthis upheldby Honble SupremeCourt all tlse a cn againstthe vacanciesreducedfrom the cadre strength 7 by Vlrtue of above noti8cation have to go It is conteRdedthat since the Z appointmentof the petitioners was againstthe additional vacancies on QW increase of the cadre from 240 to 300 andthesevacancies now havingbeen abolished vide Notificationdated 1352005 the appointees cannot remain on the posts According to Ml Hooda the issue havingben 4a0 determinedby the Honble SupremeCourt in Mahender Singhs6supral case this Court shouldnot reedetenninethe issue I have careSlllyconsidered the of this Court in Mahender Singhscase and passedbythe Honble Supreme 0 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 250 41 1 1 1 CWP No 14103of2008 13 Court Two issueswere raised in thosecases il The validityofthe order of reduction in the cadre strength The right of the bythe Commissionto 0 Detlnitelythe Govt order reducingthe cadre strengthhas been upheld It is equallytrue that the Honble Supreme Court has denied the appointmentto the recommendeesdespite their selectionon account ofnone availability ofthe vacanciesfor direct recruitsas a resultofthe reductionin P 1 L the cadre strengthThe aforesaidjudgement can onlybe put into aid bythe 0 Statein so far thequestionofreductionofcadre strength is concemed This Court by no stretchof can go into the questionof vailidityof CD the reduction of the cadre strengththe controversyhavingbeen finally Z settledbythe Honble ApexCourt As a matter offacthis issue need not 1 Z to be gone into Petitioners111thesepetitions are not seekingdetermination 2 L of questionof reduction of the strengthde novo To the contrary the I petitioners have accepted the reductionof the cadre strength Their c8 OO contention is that their appointment 1S withih the reducedcadre m Thus Mr Hoodascontentionnot to examinethe claim of the 111 Z l Vlew ofthe Honble ApexCourt in MahenderSinghscase Ll 1 supral 1S irrelevant The second contention of Mr Hooda that have no right of appointment as held by the Honble Supreme Court 0 lnview of the of thevacancieshas 1 a0m0e to be seen on thebasisofthe admittedfactson record In MahenderSinghs case the petitioners were the directrecruits Theywere onlyselectedand 1 recommendedfor and never came to be appointed allegedly 1 1 due to noravailability of the vacancles from RegisterBas a consequence ofreductionin thecadrestrengthThe Honble Supreme Coun was Only Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 251 1 0 t CWP No 14103of2008 4 examiningthe claim of direct recruits on the basis of the pleadingsin those cases The judgement in MahenderSinghscase cannot come to the rescue 1 of the respondents111 view of the admitted factual position Firstlythe petitionersstood appointedon their selection Theywere in service for a periodof 3 years and 10 monthswhen the impugned order declaring them surpluscame to be passed To denyappointmenton account of nonm availability of vacancieS 1S one thingand to declareaGovt employee as 1 1 surpluson account of abolition of post differentsituation To fair lS a 0 of the contentionof MrIooda suffice it to say that both 0 the I contentions of Mr Hooda are not sustainableboth on facts and in law Petitionerswere never denied the appointmenton account of n I availabilityof the vacancies Rather they appointedagainstthe were Z vacancies bome on the cadreof the service Even aer thereductionin the C cadre strengthand abolition of as many as 70 posts the petitioners I continued to hold andoccupy the vacancies to their quota which c8 are still in existenceand within the reduced e r cadre strengthof the service referenceto the same shall be made hereinafter Thus the lll Z MahenderSinghscase hasno impact on thepetitionersclaim to continuein Ll theservice To consider the next contentionof Mr Hooda that with reductionin cadrestrengththe vacanciesagainstwhich thepetitioners were appointedstand abolished it is necessaryto delve in depththe vacancy 1eeeW positionas on the dateof appointment of thepetitioners and the date when the cadre strength came to be reduced Both thesideshavegiventhe details 0 of the vacancy position 111 their respectivepleadingsand af8davits thesedetailsneedto be 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 252 6 1 rr 13 CWP Noe 14103 of2008 5m examined In the short affldavit of Sh Pllghvpdra Rao Special Secretary to Govt HaryanaPersonnel Department dated 1382008 the vacancypositionfrom differentregistershas been indicated in the fallawing manner VACANCY POSITION 1 SrNo Dateof Dateofcadre Dateofshow Date of passing 1 appointment to reduction1352005 causenotice theimpugned Ct HCS CEBO 172007 orderdated 4102004 5 8 2008 0 1 Register Bel9 RegisterB8 Register B30 Register B36 C Register AlNil Register AlNil Register Ala01 Register Ale 2 I Register AIINil Register AeIIeNil Register AII Register AeII 1 CD Register C Nil Register Ca Nil Nil Register C Nil 0 1 Z Register C Nil 4 Z On the basis of the aforesaidvacancy positionit is statedthat Oll behalf of the Statethat as against220 posts 197 oftlcers are in position including16 who have been ordered tO be reverted to their parent 1 a If the 16 are reverted a totalof 181 officerswill r remain in positionand only39 vacancieswould be available to the Stateout mvm Z ofwhich 36 are fromRegisterB 2 from Register A1 and 1 from Register m A4I It is 61rtherstatedthatin CWP No 14129of2004 titled as Ram Singh Vs StateofHaryana a direction has been issued to c to look into the entire process vide dated 1 2005 However the inquiryby CB has been stayedbythe Honble lpreme Court on 18112005 111 an 4Caa SLP filed bytheCommission The Statein 64nnexureAI to the aforesaidaffidavit has giv4n detailsof the posts Vide interimorder dated 108009 a direction was issued to the Stateto tIle a responseto the avermentscontainedin pages24 25 32 34 and 35 whereinvacancypositionhas beenindicated The State 0 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 253 0 CWP No 14103 of2008 e16 has accordinglySled afOdavit dated 1782009 of Sh lRaghvendra lao Special to Govt HaryanaPersonnelDepartmentIt is stated that prior to 18 1 2003 the authorized cadre strengthof the service was 240 posts In April 2003 there were 50 vacanciesout of which 32 vacancies were meant for RegisterB 8 for RegisterAl 6 for RegisterA4I and 4 for RegistereCHowever the vacanciesmeant for Ael A4I and C were 811edon 1362003 but the vacancies from could not be 1Ctl filled up The last appointeesagainsttheseregistersare shown to be as 0 1 underl C4 Register AmI 332 Sli Amardeep Jainl 1 45 Register AII 329 SlAshok Kumarl Z RegisterC 322 SllSuresh KumarY Z It is furtherstatedthat as on 181 1 2003the cadrestrength was 1 C2 reedetermined and increasedfrom 240 to 300 postsand with the increasein 0 the cadrestrengthand availability of 16 vacanciesfrom RegistereB from the c8 cn earlier year and one vacancydue to retirementin theyear 2003 the vacancy 3 positionbecameas under Z Total Vacancies 77 Il Register B 58 Register Al 8 Register AII 6 RegisterC 5 Seeeeeveee ExceptRegisterB vacanciesfrom all otherisgisters were filled up byappointing thepetitioners and other candidateson 4102004 In this affidavitthevacancypositionon differentdatesis givenas under 1 1 Anita Rani 2014.02.12 11: 58 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 254 1 4 Il CWP No4103 of2008 17 1 VACANCY POSITION 0 SraNOe Dateof Date ofcadre Date ofshow Dateofpassing appointment to reductlon 1352005 cause notice the impugned HCS cEB9 172007 Orderdated 102004 5B2008 1 RegisterB19 RegisterB e01 RegisterB30 RegisterB35 RegisterAleNll RegisterAleNil RegisterAlaNil RegisterAla 2 Register A4INil Register AeIIeNil Register AaIIe