LPA-513-2017 IN THE HIGH COURT OF PUNJAB AND HARYANA (213) Shish Pal Singh and others State of Haryana CORAM: Present: ASHWANI KUMAR MISHRA, 1. 27.02.2017, as passed by the learned Single Judge, in CWP Learned Single Judge has allowed the said writ petition, filed by the respondents 24.03.1995, 2. recruitment was undertaken by the Haryana State Service Commission, for appointing persons 2017 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Shish Pal Singh and others Versus Haryana and others HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. R. K. Malik, Sr. Advocate Mr. Varun Veer Chauhan, Advocate for the appellants. Mr. Saurabh Mohunta, DAG, Haryana. Mr. Ranjit Saini, Advocate for respondents No.3, 5, 6, 11, 12 and 13. Mr. Nandan Kumar, Advocate for Mr. Anjum Ahmed, Advocate for respondent No.8. Mr. Sanjiv Gupta, Advocate for respondents No.30 and 31. **** ASHWANI KUMAR MISHRA, J. (ORAL) This letters patent appeal arises 27.02.2017, as passed by the learned Single Judge, in CWP Learned Single Judge has allowed the said writ petition, filed by the respondents-petitioners. The seniority list prepared by the State, on , is declared illegal and accordingly Facts giving rise to filing of present appeal are that a composite recruitment was undertaken by the Haryana State Service Commission, for appointing persons to the post of Clerks, as well as Steno IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-513-2017 (O&M) Date of Decision : 23.07.2025 …Appellants Versus ...Respondents ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI with Mr. Varun Veer Chauhan, Advocate Mr. Saurabh Mohunta, DAG, Haryana. 3, 5, 6, 11, 12 and 13. Nandan Kumar, Advocate for (ORAL) This letters patent appeal arises out of judgment and order dated 27.02.2017, as passed by the learned Single Judge, in CWP-5382-1995. Learned Single Judge has allowed the said writ petition, filed by the petitioners. The seniority list prepared by the State, on accordingly quashed. present appeal are that a composite recruitment was undertaken by the Haryana State Service Commission, for as well as Steno-typists. The cadre of 1 out of judgment and order dated 1995. Learned Single Judge has allowed the said writ petition, filed by the petitioners. The seniority list prepared by the State, on present appeal are that a composite recruitment was undertaken by the Haryana State Service Commission, for The cadre of MANPREET SINGH 2025.07.31 18:15 I attest to the accuracy and authenticity of this order/judgment LPA-513-2017 Clerks, and Steno prepared by the State, on 24.03.1995. Learned Single Judge has come to the conclusion that since distinct, as su direction has therefore been issued to prepare the seniority list cadre strictly in the order of merit has been issued that on the basis of such seniority list, as drawn by the State, further promotion be made to the higher post of Assistant, from the cadres i.e. Clerical cadre and the cadre of 3. Judge, are not shown to be the cadre of Clerks and Steno seniority within the cadre of Clerks as well as to be determined The attention State, on 05.04.1 upon one selection would be on the strength of respective issued by the learned Single Judge cadres, in accordance with interference. 4. of each cadre and thereafter length of service in the respective cadre has to be relevant Rules providing for promotion to the post of Assistant. The respondents after preparation of separate seniorit Clerks and S 2017 (O&M) and Steno-typists was distinct. A composite seniority list was however prepared by the State, on 24.03.1995. Learned Single Judge has come to the conclusion that since post of Clerks vis distinct, as such, a composite seniority could not have been direction has therefore been issued to prepare the seniority list cadre strictly in the order of merit, at the time of their selection. has been issued that on the basis of such seniority list, as drawn by the State, further promotion be made to the higher post of Assistant, from the cadres i.e. lerical cadre and the cadre of Steno-typists, as per the The directions contained in the , are not shown to be inconsistent with the applicable rules the cadre of Clerks and Steno-typists are separate and distinct. seniority within the cadre of Clerks as well as to be determined, with reference to the merit of persons falling in each attention of this Court has also been invited to a circular issued by the 05.04.1971, which specifically provides selection would be on the strength of respective issued by the learned Single Judge, to determine the seniority of two separate , in accordance with merit, separately, interference. Further direction of learned Single Judge to prepare seniority list of each cadre and thereafter prepare a combined seniority list with reference to length of service in the respective cadre has to be ules providing for promotion to the post of Assistant. The respondents after preparation of separate seniorit Steno-typists will prepare the promotion list typists was distinct. A composite seniority list was however prepared by the State, on 24.03.1995. Learned Single Judge has come to the post of Clerks vis-à-vis post of Steno-typists was ch, a composite seniority could not have been prepared. direction has therefore been issued to prepare the seniority list cadre-wise at the time of their selection. Further direction has been issued that on the basis of such seniority list, as drawn by the State, further promotion be made to the higher post of Assistant, from the cadres i.e. typists, as per the relevant rules. contained in the judgment of the learned Single inconsistent with the applicable rules. Admittedly, typists are separate and distinct. Inter seniority within the cadre of Clerks as well as cadre of Steno-typists will have with reference to the merit of persons falling in each cadre. has also been invited to a circular issued by the , which specifically provides that inter-se seniority based selection would be on the strength of respective merit. The direction , to determine the seniority of two separate separately, therefore, requires no Further direction of learned Single Judge to prepare seniority list a combined seniority list with reference to length of service in the respective cadre has to be read in the context of the ules providing for promotion to the post of Assistant. The respondents after preparation of separate seniority list in the feeding cadre of promotion list, as per relevant Rules 2 typists was distinct. A composite seniority list was however prepared by the State, on 24.03.1995. Learned Single Judge has come to the typists was prepared. A wise, Further direction has been issued that on the basis of such seniority list, as drawn by the State, further promotion be made to the higher post of Assistant, from the cadres i.e. of the learned Single Admittedly, Inter se will have cadre. has also been invited to a circular issued by the based The direction , to determine the seniority of two separate requires no Further direction of learned Single Judge to prepare seniority list a combined seniority list with reference to the ules providing for promotion to the post of Assistant. The he feeding cadre of ules, MANPREET SINGH 2025.07.31 18:15 I attest to the accuracy and authenticity of this order/judgment LPA-513-2017 and extend the benefit to the respondents from the date their juniors have been granted such benefits. The benefit of promotion, however, will be available against available 5. determine the seniority, in terms of judgment of learned Single Judge, based upon the inter se separately. 6. 7. of. July 23, 2025 Manpreet 2017 (O&M) and extend the benefit to the respondents from the date their juniors have been granted such benefits. The benefit of promotion, however, will be available against available vacancy on the post of Assistant. It goes without saying that the State determine the seniority, in terms of judgment of learned Single Judge, based inter se merit of candidates in the cadres of Clerks and Steno Appeal is disposed of accordingly. Pending miscellaneous application(s), if any, also stands disposed ( , 2025 Whether speaking/reasoned Whether reportable and extend the benefit to the respondents from the date their juniors have been granted such benefits. The benefit of promotion, however, will be available vacancy on the post of Assistant. that the State shall now proceed to determine the seniority, in terms of judgment of learned Single Judge, based merit of candidates in the cadres of Clerks and Steno-typists accordingly. miscellaneous application(s), if any, also stands disposed (ASHWANI KUMAR MISHRA JUDGE (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No 3 and extend the benefit to the respondents from the date their juniors have been granted such benefits. The benefit of promotion, however, will be available shall now proceed to determine the seniority, in terms of judgment of learned Single Judge, based typists, miscellaneous application(s), if any, also stands disposed ASHWANI KUMAR MISHRA) ) MANPREET SINGH 2025.07.31 18:15 I attest to the accuracy and authenticity of this order/judgment