817 rV e S 1 4 e IN TI HIGH CO OF IAB 8 HARYANA AT CHANDIGARH 1 CWPNoe14103of2008 Date ofDecisionl 17902010 16 Devi Lal Sihagand others Petitioners Versus StateofHaryana Respondents 2 CWP No 14232of2008 1 YogeshKumar Mehta and another tr Petitioners 0 Versus 0 StateofHaryana Respondents I C 3 CWP No 14081of2008 I Satish Kumar Jain Petitioner Z Versus 2 r StateofHaryana Respondents 4 CWP No 14114of2008 021 SubhashChandGaba and another Petitioners 00 Versus 9 a Z StateofHaryana eRespondents CORAM HONBLE MRJUSTICE PERMOD KOHLI Presentl Mr Ashok AggarwalSr Advocate with Mr lS Sidhu Advocate 1 Mr SumanJain Advocate Mr RajivAtma Ram Sr Advocate with Ms SunitaChauhan Advocate de Mr H Hooda Advocate General Haryanawith Mr RS Kundu Addl AG Haryana 888 e PERMOD KOHLIJ ORALI the validitylegalityand proprietyoforder dated 1 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 818 1 0 CWPI 14103of2008 2 52008 passedby the Govt of HaryanaGAnnexurePell9 ChereinaRer referredto as the impugnedorderOthesewrit been tlled for its quashmentand other directions The impugned order beingcommon 111 all the writ petitionsthesepetitionswere heard and are beingdisposedof bythis common order The facts are beingnoticed from CWP No 14103 of These petitionerswere workingln different capacitiesin the State of 1 L HaryanaTheywere selectedand appointed to HaryanaCivil 0 Services ExecutiveBranchl 0 referred to as the servicelfrom RegiSterAl AeII and C on 402004 ln terms of Rule 50f the Punjab C e Civil Services ExecutiveBranch9Rules 1930 hereinaer refenedto as the Ruleslas applicableto the Stateof Haryana Their appointment was in Z consultation with the HPSC ereinafterreferredto as the The petitionerswere placedon probationfor yearunder Rule 22 one I the rules Petitionerscompleted 3 years and 10 months service on their a21 ao and thus completedtheprobationperiod However m7 no formalorder of their confirmationcame to be passed Optionswere Z sought from the petitionervide communicationdated 72005 for their C conflnnationunder Rule 35 b1of the PunjabCivil SmvicesRules Voll Part II and the petitionersconveyedtheir optionsfor such confirmation The State fixed the pay of the petitionersby granting two increments in We advance on passingof the examination a preeconditionfor such confirmation All the petitionersclaim to have qualifiedthle examinationentitlingthem conflrmation to the service A tentativesenioritylist of the membersofthe service also came to be issued vide order dated1222006 e Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 95 819 e 1I CWP No 14103 of2008 3 While the petitionerswere performingtheir duties as HS Officers theywere served with show cause notice dated 17A2007 to show cause why they be not repatriatedto their parent The petitionerswere counicated that the State Govte has reedetermined the cadre strengthofthe service and the same has been reducedfrom 300 posts 9 to 230 postsrendering19 vacancies noneexistentand surplus repatriationof thepetitioners to their parentcadres Itwas indicated in the m C2 show cause notice that the surplusvacancies include 8 from Al Register 0 6DistrictRevenue Oftlcers Tehsildars and Naib Tehsildarsl6 C vacancies 10 Z from AI Register nembers of ClassII serviceland 5 vacancies from CD Register C BDOs and OfOcersoRepliesof the petitioners I were soughtwithin 15 daysfrom the receiptof the aforesaidshow cause Z notice Petitioners the aforesaidshow cause noticesbefore this 2 C Court in CWP No 6578 of2007 Repatriation ofthe peioners was stayed I vide order dated 352007 Finally the said writ petitioncame to be c8 a0 disposedof vide order dated2022007 and petitioners were relegated to 7 the remedyof filingobjections to the show cause notice within 10 daysand Z the Chief to Govt Haryanawas directedto pass a speakingordr meeting all the raised bythe It was furtherdirected that in case any adverse order 1S passedit will not be acted upon for a periodof 10 days As a consequenceof the aforesaid order petitioners eaWeW submitted their objectionsdated 1652008 indicating the details of the vacancies under variousregisters and pleadedthat their appointment is still within the reducedcadrestrength and theycannot be declaredas surplusIt appears that the repliesof the petitionersdid not weigh with the respondents theimpugned orderdated582008 came to be e6 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 320 1 CWP No 14103of2008 4a e passed When these writ petitions were flled reversion of the petitioners was stayedvide order dated 1182008 till the next date of hearing while puttingthe State to notice and inviting objections Respondents were directedto flle a detailedafSdavitgiving cadre postsregisterwiseInterim order cameto be continuedfrom time to time 1 L The filed a detailedreplyin CWP No 14103 0 of 2009 besidestwo more affldaVitSdated1382008 and 172009 of C one e Rao Special to Govt HaryanaPersonnel D Department I Stand of the 111the impugned order as also the Z 1 replylaffidavits is brieflynoticed hereinafter It is stated that the 2 C2 authorizedstrengthof the service was 240 posts as flxed by the Govt of I Haryana vide order dated7111990 A cadrereview was due in the year 61 00 2002 A Cadre Review Committee was constitutedby the Govt The Wn3 Committeeconsidered the requirement of posts received from vanous Z and also the representationof the Haa Civil Services Ll Executive Association The Association for 48 poststo the cadre The requestwas acceptedby the Committeeand recommended 198 postsand totalauthorizedcadrestrength as 271 The Govt accordingly 9ee decided to increase the cadre strengthfrom 240 posts to 300 post the cadrestrength was flxed at 300 postsvide Haryana Govt order dated 1812003 It is Airtherstatedthat the Govt decidedto fill up 77 vacanciesincluding 16 vacanciesfrom the earlier year from Register B 61 e Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 321 r 1Y CWP No 14103 of2008 e5 vacancies becameavailable from vanous registersdue to increasein the cadre strengthfrom 240 to 300 posts Out ofthese 61 19 vacancies became available on account ofincreased strengthin the followingmanner SrNo Register Number of vacancies Categoryofofflcers 1 A4 8 vacancies DislMct Revenue Offlcers Tehsildars and Naib Tehsildars m4 2 AII 6 vacancies 1 Members of Class4II service V 1 3 C 5 vacancies Block 0 Officers and Panchayat 0 Omcers e e e n ve 4 e n 6 I On completionof the process of selection 19 officers from C5 theseregisters were appointed Out of 19 officers 20fficers expiredand one reverted back to the parent department due to fake BA Degree Z 2 certificate In respectto the vacanciesfrom RegistereBit is stated that 42 r vacancies for Register43becameavailable on accouo6of increase in the 08 cadre strengthand 16 vacancies of earlier year were advertisedby the 00 Commissionfor direct recruitment and recommendationswere made in 7 December2004 In the meantime Z 111theyear 2005 the Govt reviewedthe L1 artiflcial and not commensurate with the requirements ofthe administration Thereforethe Govt vide order dated 135005 reietennined the cire strengthand flxed the sameas 230 postsincluding 10 additionalpostsfor ewee unforeseendemands Thus thecadrestrength was reducedfrom 300 to 230 posts The recommendeesof the Commissionagainstth direct recruitment quota could not be appointed on account of reductionin cadre StrengthThey filed vanous writ petitionsincludingCWP Nos 2897 of 2005 and 6099 of 2005 MahinderSinghVs Stateof Haryanaand others and theysoughttheir appointment on thebasisoftheir 1 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 322 00 1 t 6 CWP Noe 14103 of2008 e e6 by the Commission They also challengedthe Govt order relxing the cadre strengthfrom 300 to 230 These writ petitionswere dismissedby the High Court vide order dated 12102006 upholdingthe validity of the Notiflcation dated 3052005 reefixing cadre strengthand also held that selecteeshave no rightof appointment The petitioners thereinfiled SPs before the Honble Supreme Court and m Civil Appealscame to be dismissedby the Honble SupremeCourt vide 0 judgementdated11122007 It is furtherstated that after the judgement of 0 e I the High Court the Govt considered the entire matterand found that 19 C5 vacancies againstwhich the petitionersherein were appointedhave gone Z nonexistent dueto reductionofthe cadre strength from 300 to 230 and thus Z the 19 officers who were appointed on 4102004 m r it was decided to repatriate them AccordinglyaRer givingshow cause I notice theorder oftheir repatriation hasbeenpassed 1 ao In sum and substancethe contention raised on behalf of the ne respondents can be summedup in thefollowing manner Z i9 ValidityofNotificationdated132005 redacingthe cadre Om strength from 300 to 230 standsupheldbytheHighCourt in caseof Mahinder Singh supra9 in judgementreported as 2001 SCT 579 andjudgement ofHonble Supreme Court reported as SCC 161 6iil Petitioners appointment was againstthe increased vacancies from 240 to 300 On reductionofthe cadrestrength from 300 C to 230 thevacanciesstandabolishedand thusthepetitioners6 are renderedsurplus iii Even if the vacancies are available petitioners have no rightas their appointment was againstthevacanciescreatedon account ofthe increaseofcadre strengthfrom 240 to 300 the strength havingbeenreduced their becomesurplus e Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 323 C 1 l CWPlo 14103 of2008 7 To the contrarythe contentions ofthe petitioners are as undere 19 On lncreaseofthe cadre strengthadditionalvacancies are addedto the total cadre ofservice ii9 On appointmentthe petitionersbecame members of the cadre ofservice irrespective ofthe source iii9 Even aer the reduction of the cadre strengthfrom 300 to 23 the petitionersappointnlt remained within the reducedcadre strength on account ofsufficientnumberof m vacanciesfrom different sources Registerso CC 0 Appointment to the servlce and regulated C0 statutoryrules namelyPunjabCivil Services 6ExecutiveBranchoRules I C5 1930 Someofthe relevantprovisionsofthe rulesare noticed hereuncrl I 4C 26c9 The Service means the HaryanaCivil Service Z 6Executive Branch e r XXX xxx XXX I 3 Strength of cadre The strengthand compositionof 08 theHaryana oo determinedbythe Govt from timeto time 7 Z 10 2l The Govt shall at the interval of every threeyears re tl examine the strengthand compositionof the HaryanaCivil Service 6ExecutiveBranch9 cadreand may makesuch alterationstherein as it deems fitl Provided thatnothing 111this rule shall be to affect the 4 powerof the Govt to alterthestrengthand composition 6f the cadre at any time 53 XXX XXX XXX 5 Members to be appointedby the Governor of Haryna from amongaccepted candidates Membersofthe serviceshall be appointed Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 324 Clr C7 e 1 1 CWPNo14103of2008 8 acceptedcandidates whose names have been duly entered in accordance with these rules in one or other of the registersof AcceptedCandidates to be 1 rnaintained under these rulesl Provided that if in the opinionof the State Govt the exigencies of the service so requirethe State Govt may make specialrecruitmentto the service by such methods as it may be notification specir after m consultation with the Public Service Commission 9 0 XXX XXX Xxx 0 I 6 Registersto be maintainedThe followingRegistersof 0 AcceptedCandidates shall be maintained bYtheChiefSecretarynamelyl a9 RegisterAaeIof District RevenueOfficers Tehsildarsapd Z ATaibTehsildarsaccepted as candidates tZ bl RegisterA4IofmembersofClass III serviceaccepted as I candidatesl 08 oo cl RegisterB of persons acceptedas candidates on the mw result ofa competitive examination and e Z 6d9 RegisterC of Block Developmentand Panchayat Officers XXX XXX XXX 17 Appointmentof registeredcandidatesto serviCe Te 46eeed Govemor of Haryanashall ordinarilymake to the service tn pursuance of rule 5 from amongstcandidateswhose namesare enteredin thevarious registers in rotation as follows From RegisterB two candidates From Register AI one candidates e From RegisterB two candidates From RegisterAI onecandidate From RegisterB three candidates From RegisterA4 one candidate 1 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document t 325 1 r e CWP No 14103 of2008 9 From RegisterB two candidates From RegisterA4I one candidate From RegisterC one candidate From RegisterB three candidates From RegisterAI one candidate From RegisterB two candidates From RegisterAeII one candidate From RegisterB two candidates From RegisterAI one candidate From RegisterB three candidates From RegisterC one candidate m 1t r and thereafter in the same rotation beginningagainfrom 0 Register 31 0 I XXX XXX XXX C5 20 Seniorityof membersof servicee6lThe seniorityof I membersappointed to the service shall be determinedf m the dateoftheir Z appolntment 4r Provided that the order of merit determinedby the Public Service Commission or the Selection Committee as the case may be 111 08 ClO respectof persons appointedfrom registersrescribedin rule 6 orthrogh 7 specialrecruitment under theprovisoto rule 5 shall not be disturbed Z 29 If thename of a candidateis removedfrom theregisterof accepted candidatesor the list ofspecialrecruits or the order lS cancelled under the provisionsof rule 19 and such candidate1S 9 appointedto the service his seniorityshall be detennined ee from the dateofsuch appointment5 XXX XXX XXX 23 Servicesof memberson probationliable to be dispensed 1 with for work or conducteH in the opinionofthe Governorof Haryanathe work or conduct of a memberappointed to the service during theperiodofprobation is not hemay e Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 326 e Cll 91 CWP No 14103of2008 Om a9 if such member is recruited bydirect recruitment dispensewith his service 8nd 10 bl if such person is appointedotherwise than bydirect recruitment o revert him to his formerpost or io dealwith him in suchothermanner as the terms and conditionsofhis previousappointment permit e 1 XXX XXX XXX 24 Substantivepermanentappointment On the complefion 0 0 of the periodof probation by or determinedby the Govemor of I C5 Haryanaunder the provisionsof rule 22 a memberof the service shall be I e8 qualifledfor substantive permanentappointment providedhe has passedthe Z examinationbythehigherstandard n tr From thepleadings of thepartiesand the documentsplacedon record followingadmitted factsemerge 08 i9 Cadre strength of service was increasedfrojp40to 300 posts clo vide order dated1812003 Petitioners wee appointed on 4102004 against16 vacanciesfrom RegisterA18 A41 6 7 and RegisterC Z 6ii Petitionerscompletedprobationperiod Their salaryhas been Il reafixedandtheyare included 1nthe tentativesenioritylist No order ofthir services duringandafter probation was passed 1 6iio Cadre strength was reducedfrom 300 to 230 vide order dated 1352005 46eeo 6iv 42 direct recnlitsfrom RegisterBwere recommendedfor appointment by theCommission in December 2004 the petitioners and three other candidateswere appointedagainst19 vacancies from RegisterAel A49 and C as per the detailsgivenherein above on 4102004 in accordancewith the procedurewhereas 42 candidatesagainstdirect recruitment quotafrom RegisterBwho were selectedandrecommendedbythe Commissionwere 1 6 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document Il 327 ClJ S CWP No 14103 of2008 1e not appointed In CWP No 6499 of 2005 Mahender SinghVse State of e Haryanaand others and CWP No 28997 of 2005 Chandi ram Vs State of Haryanaand othersthe recommendees of Commissionchallenged the action of the respondentsin not offeringthe appointmentto them and soughta direction for their app6intmentagainstthe lotified vacancies They challenged theGovt order dated1352005 reducingthe cadrestrength from 300 to 230 These writ petitionswere dismissed with the following 0 observations 0 C4 It would therefore be possibleto acceptthe submission I not C of the leamed counsel for the petitionersthat there hes been any unfair I motive in the issuance of the Notification dated 1352005 by the Z respondents to fix the cadre strengthlWe are also unable to say that the redetermination and determinationof the cadrestrengthis contraryto Rule 3 ofthe 1930Rules e 08 XXX XXX XXX W2 32 Sincethereare no vacancies no Mandamuscan be issued Z to the to appointthe petitionersWe have noticed that the tl efficacyof the entire selection has been doubted and enquiryis being e conducted by the State VigilanceBureau This apart it has been the COnsistent view of the Supreme Court that mere selection for appointment 4wee does not create a legalrightwhich can be enforcedby issuanceof a wnt 111 nature ofMandamus o The aforesaid judgement was before the Honble Supreme Court On considerationof the 1SSue the Honble Supreme Court affirmedthe of theHighCourt with thefollowingobservationsl e Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document e 328 1 4 CWPVo 14103 of2008 e12m 1 44 35 We also do not see any reason to interfere with the impugnedNotification dated 1352005 What would be the need of the State and how an administration shall be run is within the exclusive domain ofthe State The power ofjudicialreview in such matter is very limited e XXX XXX XXX 42 The legalprincipleobtainingherein is not in disputethat the selecteesdo not have any legalrightof appointment subjectinter alia C1 to bona Sde actin on the part ofthe State 0 Based upon thejudgement ofthe C SupremeCourt in case of direct recruits wherein the Honble Supreme D Court not only upheldthe validityof the NotifIcation dated 132005 I reducingthe cadrestrength but also ruled thatthe selecteeshave no rightof Z r appointment in absence of the vacanClCSe Mr HS Hooda e leamed Advocate General Haryanahas forcefullycontendedthat once the I reduction in cadre strengthis upheldby Honble Supreme Court all those a2S a againstthe vacanciesreducedfrom the cadre strength swm by Vlrtue of above notiflcation have to go It is contendedthat since Z appointmentof the petitioners was againstthe additional vacancies on increase of the cadre strength from 240 to 300 and thesevacancies now havingbeen abolished vide Notification dated 1352005 the appointees cannot remain on the posts Accordingto Mr Hooda the issuehavingbeen 4wa determinedby the Honble SupremeCourt in Mahender Singhs6supra9 case this Court should not reedeterminethe issue I have considered the judgementof this Court 111 Mahender Singhscase and passedbytheHonble Supreme 9 8 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 329 In 0 UC t CWP No4103 of2008 13 Court Two issues were raised in those cases iI The validityofthe order of reduction in the cadre strength il The right of the selecteeslrecommendeesby the Commissionto appointment the Govt order reducihgthe cadre strengthhas ben upheld It is equallytrue that the Honble Supreme Court has denied the appointmentto the recommendeesdespitetheir selectionon account of none availability ofthe vacanciesfor direct recruitsas a result ofthe reductionin 1 L the cadrestrengthThe aforesaidjudgement can onlybe put into aid bythe e 0 Statein so far the questionofreduction ofcadre strength is concemed This Court by no stretch of imagination can go into the questionof vailidityof CD the reduction of the cadre strengththe controversyhavingbeen finally settled by the Honble ApexCourt As a matter of fact this issue neednot Z 1 to begoneinto Petitionersin thesepetitions are not seekingdetermination C2 of questionof reduction of the strengthde novo To the contrary the I petitionershave acceptedthe reduction of the cadre strength Their aS r contention is that their appointment 1S within the reduced cadre strength 7 Thus Mr Hoodas contentionnot to examinethe claim f the petitioners 111 Z View of the of the Honble ApexCourt in MahenderSinghscase C 6supral1S irrelevante The second contention of Mr Hooda that have no rightof appointment as held by the Honble SupremeCourt in Vlew of the of the vacancles h4s 4e to be seen on the basisofthe admittedfacts on record In Mahender Singhs case the petitioners were the direct recruits Theywere only selectedand recommendedfor and never came to be appointed allegedly due to of the vacancies from RegistereB as a consequence ofreductionin the cadrestrengthThe HonbleSupremeourt was only Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 330 7J 47 1 1 CWPNo141030f2008 14 examinlngthe claim ofdirect recruits on the basis ofthe pleadings in those cases The judgementin Mahender Singhscase cannot come to the rescue of the respondents ln view of the admitted factual positionFirstlythe 0 petitlonersstood appointedOn their selection They were in service for a periodof 3 years and 10 monthswhen the impugned order declaring them surpluscame to be passed To denyappointment on account of nonm e availability of vacancles is one thingand to declare a Govt employee as 1 1 C surpluson account of abolition of post ls a different situation To fair 0 of the contention of Mr Hooda suffice it to say that both the 0 contentions of Mr Hooda are not sustainable both on facts and in law CD Petitioners were never denied the appointment on account of non availability of the vacancies Rather theywere apinted againstthe Z vacancies bome on the cadreof the service Even aRer thereductionin the C2 cadre strengthand abolition of as many 70 posts the petitioners as Z continued to hold andoccupy the vacancies loelonging to their quotawhich ttl OO are still in existenceand within the reduced cadre strengthof the m referenceto the same shall be made hereinafter Thus the judgement lll Z MahenderSinghscase hasno impacton thepetitioners claim to continuein Ll the service To consider the next contentionof Mr Hooda that with the reduction in cadrestrengththe vacanciesagainstwhich te petitioners were appointedstand abolished it is necessaryto delve in depththe vacancy 4eae positionas on the dateof appointment of thepetitioners and the date when the cadrestrength came to be reduced Both the sideshavegiventhe details of the vacancy position 111 their respective pleadings affldavits Essentially thesedetailsneedto be Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 331 e M 7 CWP No 14103of2008 15 examined In the short affldavit of Sh PZaghvendra Rao Special 10 Secretaryto Govt HaryanaPersonnel Department dated 132008 the vacancyposition from different registershas been indicated in the following manner VACANCY POSITION SrNo Date of Date ofcadre Date ofshow Dateofpassing 2PpOlntment to reduction1352005 causenoOEe theimpugned Lr HC EBo 174007 orderdated 102004 5 8 2008 0 1 Register Bel9 Register B 18 RegisterB0 RegisterB6 Register AleNil Register AlmNil Register Alm01 Register Al 2 Z Register AIINil Register AaIImNil Register A410 Register A4Ie l Ca9 Register C Nil RegisterCe Nil Nil RegisterC Nil I Register C Nil I8 Z On the basisof the aforesaidvacancy positionit is stated that on behalf of the State that as against220 posts 197 officers are in position r iriClUding16 who have been ordered to be reverted to their parent I 08 Ifthe 16 appointees arerevened a total of 181 officerswill C e remain in positionand only39 vacancieswould be avaible to the Stateout m7 Z ofwhich 36 are from RegisterB 2 from RegisterA1 and l flom Register A4I It is furtherstatedthat in CWP No 14129 of2004 titled as Ram Singh Vs Stateof a directionhasbeenissued to Bl to look into the 1 entire process vide judgementdated 1 005 However the inquiryby CB has been stayedby the Honble Supreme Court on 181 1 2005 in an a4ee SP flled bytheCommission The Statein 6Annexure A9to the aforesaidaffldavit has given details of the posts Vide interim order dated 1020 a direction was issued to the Stateto file a responseto the averments containedin pages24 25 32 34 and 35 whereinvacancypositionhasbeenindicated The State 1 Gupta Suruchi 2014.02.18 09: 55 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 332 1 64 CWP No4103 of2008 16 has accordinglyfiled affidavit dated 172009 of Sh PRaghvendra Rao SpecialSecretary to Govt HaryanaPersonnel DepartmentIt is stated that 9 prior to 18 12003 the authorized cadre strengthof the service was 240 posts In April 2003 there were 50 vacancies out of which 32 vacancies were meant for RegisterB 8 for RegisterAl 6 for RegisterA4I and 4 for RegisterC However the vacancies meant for RegistersA AeII C were filled on 1362003 but the vacancles from RegistereB could not be L filled UP The last appointeesagainsttheseregisters are shown to be as 0 underl C I RegisterAI 3326ShAmardeep Jainl CD Register AI 329 ShAshok Ku9har9 I RegisterC 322 SlSuresh KumarY Z It is fUrtherStatedthat as on 1812003 the cadre strength was t reetermined and increasedfrom 240 to 300 postsand with the increase in I the cadrestrengthand availabilityof 16 vacahciesfrom RegistereB fronle c2S oo earlier year and one vacancy dueto retirementin the year 2003 thevacancy positionbecameas under Z Total Vacancies 77 aW Register B 58 e RegisterAl 8 RegisterAeIl 6 RegisterC 5 ExceptRegisterB vacancies from all other registers were fllled o up by appointing the petitioners and other candidateson 402004 In this affidavit the vacancypositionon different datesis