JUDGMENT :

Rajiv Sharma, J.

Since common questions of law and facts are involved in the aforesaid two writ petitions, therefore, these are taken up together and disposed of by a common judgment. However, in order to maintain clarity the facts of CWP-19994-2019 have been taken into consideration.

2. The petitioners in CWP-19994-2019 are working as Senior Scale Stenographers and Clerk respectively in Haryana Shehri Vikas Pradhikaran (HSVP)/ HUDA. The petitioners in CWP-19790-2019 are working as Assistant Secretary in Haryana State Agriculture Marketing Board, Panchkula.

3. The State of Haryana has framed Rules called Haryana Civil Services (Executive Branch) Rules, 2008 (hereinafter referred to as 'Rules' for brevity sake) for recruitment to the cadre of Haryana Civil Services (Executive Branch). It reads as under:-

"10. Selection of Candidates for Register A-II. -(1) The Commission shall invite applications from amongst the eligible members of Group-C Service, which shall be submitted to the Commission by the Heads of Departments of Haryana through their Administrative Secretaries in the prescribed Form-I, alongwith summary of Annual Confidential Reports grading and integrity certificates duly signed by the recommending authorities.

(2) The name of only such a member of Group-C Service shall be submitted under the provisions of sub-rule (1) who-

(a) (i) has completed eight years continuous Government Service;

(ii) has not attained the age of fifty years on the first day of November immediately preceding the date of submission of names by the concerned authorities;

(iii) is not facing disciplinary proceedings and against whom action is not being contemplated; and

(iv) is clear from vigilance angle;

(b) is a Graduate from a recognized University."

4. The Chief Secretary has sent a communication to the Secretary, Haryana Public Service Commission, Panchkula, on 30.05.2019 informing him that the State Government had decided to fill up 18 vacancies of HCS (Executive Branch) from Register A-II of members of Group 'C' Service of the year 2019 as per Rule 10 of Haryana Civil Service (Executive Branch), Rules, 2008. The petitioners also wanted to participate in the selection process. They submitted their applications. The Chief Administrator, HSVP, Panchkula, forwarded the applications of the petitioners in CWP-19994-2019, on 27.06.2019. The Additional Chief Secretary to Government of Haryana, Irrigation and Farmer Welfare Department had sent communication dated 03.07.2019 to the Chief Administrator, Haryana State Agriculture Marketing Board informing him that the proposal sent by him was not covered as per the instructions issued by the Chief Secretary to Government of Haryana on 24.06.2019, in CWP-19790-2019. It is in these circumstances the present writ petitions have been filed.

5. The petitioners have challenged Rule 10 of the Haryana Civil Services (Executive Branch) Rules, 2008 amended on 04.01.2019 to the extent that the service rendered in Board / Corporation by the employees is not being counted as 8 years continuous government service and also for quashing the order dated 03.07.2019.

6. The recruitment to the Haryana Civil Services (Executive Branch) is governed under the Haryana Civil Services (Executive Branch) Rules, 2008. The amendment was carried out in the Rules on 04.01.2019 as quoted hereinabove. It is evident from the language employed in Rule 10 that the Commission is required to invite applications from amongst the eligible members of Group-C Service, which are to be submitted to the Commission by the Heads of Departments of Haryana through their Administrative Secretaries in the prescribed Form-I, along with summary of Annual Confidential Reports, grading and integrity certificates. The names of only such members of Group 'C' services are required to be submitted under the provision of sub rule (i) who have completed eight years continuous Government Service and (ii) have not attained the age of fifty years on the first date