i, %,"IffiIq'ii?Sffiit!1,r'1. ORDER,,"

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:'ecrrtcal)"': ",*7 rng n*;, -,',- ;il:',fi:,I':;,T::JJT:,ff::li.J#il:*1,:,":::'/ letter No' 5302-40l2EE /2EE- lllzazo, dated 13.09.2019 to a, the superintendingGr\t^ Enqineers and others with the request that the same may be circulated to ail the

Y-^ z^r )/ '.n l*

rconcerned sDo/ Assistant Engineers working under their administrative contror. TheLj4t '- *t:)Vr**ncened Sub Divisional offin.,-o rr,^-^

,.,",,*seniorityristor;:ffi;,:,:"^#li:[{f:L}lT::;;j:m;1,i,, .t

working in lrrigation anc1 Water Rpqni,"^^^ n_

*lxllJ::i'l;::"r ::::'] ;'rq; rcrnrflct€r was also issued vide ElC, IWRD,ryana office letter No. 5675- 571or2EE-* 2019 dated 10,10.201g,

r rJirrioi^^ 1:":'"'the above said tentative seniority list, the Assistahf rrn^i^^^ ,;-*" ;I :ljr,::ffH::,::lW Parveen Sehrawat harwlur,ry

vL,ilrdvvul nave raised objections statinn iha{ }h^ ^r_. ,4llg Goverrrme,rr or nilrrrl" Idr$es o'iections stating that the chief secretary tonmerrr of Fraryana has issued an instruction No. 22nar2013_1GS-rr dated1'?-

15 7'?'014 vide which reservation in jobs as we, as admission has been granted r,'-t para-6 of saio instruction' it has been made crear that vacancies meant for sche,Juredcasies in direct recruitrnent shall not be fiiled up by candidates from other candidatesanc! those the reseruation for a cadre is given effect through the instrurnent .f rosters;ystenr' Frrditer they have siaterj that the ,,\.cicritionai chiei, seci.eiail. lc Gir,e;-::,.nenrcii i-lr-:ryana' weiiare of so & Bc Depft. vide rvremo ACsA,vsc&Bc-201g/460-610datec 15'1'l'2018 has rnade clear that the inter-se-seniority wiil be as per roster pointand all depai-tment while issuing appointment retters shail filr up vacancies as per theorcer prescribecl by the roster system by fiiling candidates from the respective meritlist to that particular roster point which wiil be the inter-se-seniority position of theappointees' shri Aiay chatthan, sDo has stated that in the right of above saidinstrtrction' he may be placecl at sr' No. 4 of the seniority list of Assistant Engineer/sDc (Eler;rr.ical)' s/sh' Ravi Kumsp, Raj Kumar and parveen sehrawat, sDos haverequested tl"rat seniority list may be amended according to the above referred rosterpoint notifications issued by Goveflrment. lt has also been stated that sh, Jagmohansingh (sr' No' 9) has been appointed on 26.10.2016, whereas, sh. M.K.Thukral & sh.Parveen Kumar (sr- No.15 & 16) were promoted on 21.g.2016,so sh. JagmohanSinglr be placeci after parvec.n Kunrar"

L-L,*/Ad.0tN**hgg: .; 0ated

direct recruitment and Rule-9 provides the criteria for preparation of ranking rist forpronrotion to the post of Assistant Engineer (SDO). Rute-12 of above said servicerules envisag*$ the p,:,vi$i,n for preparation of seniority rist as under;-1' Except as provided in sub rule-5 of this rure

'erating to officers appointed bytransfer' the seniority of the members of the service shail be determined by theorder of their appointment in service accordingry to rure 6, g and g irrespectiveof their date of jein;ng.

2' The inter se seniority of the members r:f the service shail be in the order ofrecruitment provided under rule_6provided that in case an officer

months of the date of appointrnentGovernment on an adhoc basis aftercircumstances of the case.

3. The inter-se-seniority within the groupnrerit grading under rule-g.

does not join his appointment within 6his seniority shall be determined bytaking in to consideration of all the

of direct recruitment shall be as in the

1' The inter-se-seniority within the group of promoted officers from particurarsource, shall be as in the list prepared under rule_g5' ln the case of an officer appointed by transfer as an Assistant Engineer, hewould be placed iunior to all the officers appointed direct or by promotion asAssistant Engineer in a particular year.From the perusal of above said statuary Rules, it is clear that inter.-se-senioritv within direct recruitment shall be; as per merit ;;;r;oi,u"o"ou ,n* HaryanaPithlic service contmission and not according to roster systerr as stated by theapplicants' Moreover' the chief secretary to Government of Haryana instruction Ns.2379-2Gsl-l-72t10994 dated 27.a4fiT2 provides ttrat inter-se-seniority of a,candtdates taken together whether appointecl against reserved vacancies or againstopen ones' must be fixed according to the combined merit list and not otherwise.Vacancies assigned to sclreduled castel Backward classes under the block systemare s0 assigned for the purpose of reseryation only and not intended for fixing inter-se-settioriiy of the candidates contrary to their order in the combined merit ristprepared by the pubric service commission / s.s.s,Board.

The letter of Additional chief secretary to Government of Haryana,welfai'e of sc & BC Deptt. issued vide Memo ACsffvsc&Bc-201g/460-610 dated15' 1 1 '2018 as mentioned by the applicants in their representations cannotsupersedes the lnstruction issued by the chief secretarv to Governmnnr nf Ha^rena

* 3-

,h a h e _", " ::":::: THIJ, llil;.li? _,11,*,1 :i;:il:l J: : ;1::,:::r:andidates in Ex-serviceman category. He was having a certificate equar toEngineering Degree CIn the basis of Diploma in Engineering with technicalexperience. As he was not having Degree in Engineering, as such, his joining asAssistant Engineer was not accepted on this account. He fired civil writ petition No.17333 of 2014-Jagmohan singh Vs state of Haryana and the same was arowecr bythe [{on'ble High court vide order dated 1z.s za'16 and the operative part of order isreproduced as under:_

"ln view of the above, tlre writ petition is allowed and since the petitionerhad already been selected and recommended for appointment, in viewof what has been held above, the respondents are directed to appointhis as Assistant Engineer (Mechanical) under the Ex-servicemen quotawith effect from the date when similarly situated persons were appointedin pursuance to the same selection. However he shall not be paid anysalary on account of the fact that he had not worked by shall be enti,edto all other con$equential benefits,,,

As the Hon'ble High court has allowed ail consequentiar benefits, assuch' sh' Jitgmohan singh is entitled for U"re benefits of seniority on the basis of meritlist suppliecl by the I-{SSC.

ln view of the above saicJ rJetailed position, it is clear that there is nomerit in the representations of above ;.:rrned officers, as the retter issued byGovernntent of sc & 8c welfare Departrnent cannot supersede the instructionsissued by the chief secretary to Government 'f r-{aryana and statutory service rures.Tlte nanre of applicants in the inter-se-seniority rist are according to merit rist suppriedby the Haryana puiliic Service Oommission.

Accordingly' in vielv of the provision of Haryana service of Engineers,class-ll' Public works Department (lrrigation Branclr) Rules, 1g70 and *re chiefsecretary to Government <"ri Haryana instiuction No, a3zg-2Gs l-l-z2r10gg4 dated27'a4'rc72 ano advice of chief secrotary to Governrnent Haryana tendered vide itslJ'o' No.2zr0}r20r0-1Gsilr, clated 13.s.?-oza, the seniority rist of AEs/ sDos(Mechanical and Electrical) placed at Annexurer- A-1 ( $r. No, 1 to 2s) and Annexure_ll (Sr. lJo,1 to 6 ) respectively, are hereby finalized.

*q *

:_r- He is requested to circulatinformation. -'-.e the seniority list to all concerned for

No.Dated:- 2O.O1.2O2O

of Assistant Engineers

the same to all concerned

Department, Haryana

t - a .., Superinteifent lrrigation Estt.tor Additionat Chielrriqation * ,o,-l^,tSl!_trrv to Govt. Haryana,rrrisation & wateiRffi ;l# ffJ:,lHl?rr,

U/-<

4(rJ" ,ror Engtneer-in_Chief, lrr. & W.R. Department,

Haryana, panchkula.

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tfnne*x, fr,f,

ri2.09.2019 (appoin

$r NameN.o.

Date qf Birth Mode,of $oltrcg,ofrecruitment aqpoit"'ltment

Date ofappointment

1 Hitesh Kumar 2-Sep-88 Direct AE 06-Aug-14

2 Jitender Singh 4-Aug-75 Direct AE 11-Aug-14

J Naveen Kumar 24-Sep-87 Direct AE 06-Aug-14

4 Amar Malik 21-Jan-88 Direct AE 06-Aug-14

A Mandeep Gulia 21-$ep-88 Direct AE 06-Aug-14

o Vedpal $ingh 4-Dec-83 Direct AE 06-Aug-'14

'7I Sonit Rathee 16-Jul-87 Direct AE 06-Aug-14

I Raveesh Partap Singh 13-Jan-88 Direct AE 06-Aug-14

g Jagmohan Singh 27-Aug-73 Direct AE 28-Oct-16

10 Kuljeet 27-Jan-91 Direct AE 06-Aug-14

11 Lokpal 18-Aug-84 Direct AE 11-Aug-14

12 Raj Kumar 18-Jul-87 Direct AE 06-Aug-14

13 Praveen Sehrawat 6-Apr-88 Direct AE 06-Aug-14

14 Ravi Kumar 7-Mar-90 Direct AE 06-Aug-14

15 M.K.Thukral 19-Dec-62 Promotee oEs 21-Sep-16

16 Parveen Kumar 01-Apr-91 Promotee AMIEIBE 21-Sep-16

tZ lsachinder Atri 17-Oct-85 Promotee AMIE/BE 01-Nov-16

18 Striv t<aran Singh

Avtar Krishan

vishal

6-Aug-66 Promotee I OrS 29-Sep-17

12-May-70 Promotee oEs 29-Sep-171g

20 Promotee AMIE/BE 29-Sep-1726-Feb-90

25-Jan-88 Promotee AMIE/BE 29-Sep-1721

22

Surinder

Pardeep Kumar 30-Jul-89 Promotee AMIE/BE 01-Jan-18

23-Mar-84 Promotee AMIEIBE 01-Jan-t g/J Mukesh Kumar

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