The main legal point established in the judgment is that for accelerated promotion to the post of SDE, the experience of service must be counted from the date of acquiring the AMIE/BE degree, as per the relevant regulations.

JUDGMENT

Lisa Gill, J. - These matters are being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

2. Both these writ petitions (CWP-4399-2018 and CWP-9559- 2019) were listed together and are taken up together for hearing and decision.

3. Question sought to be agitated in both the writ petitions is whether experience of service prescribed in Rules/Regulations namely Haryana Urban Development Authority Services Regulation, 1989 (Sub Divisional Engineer), for the purpose of accelerated promotion to the post of SDE is to be counted prior or post acquisition of qualification of AMIE?

4. Petitioners in CWP-9559-2019 seek quashing of promotion order dated 25.03.2019 whereby respondent no.4 namely M.P. Sharma (petitioner in CWP-4399-2018) has been promoted to the post of SDE along with others, pursuant to the 75th meeting of the Personnel Committee of Haryana Urban Development Authority, held on 8.03.2019 (Annexure P11). Petitioners in CWP-9559-2019 claim to be senior to respondent no.4, besides being highly qualified and meritorious, therefore, entitled to promotion on the basis of seniority and that as per the Haryana Urban Development Authority Services Regulations, 1989, (for short HUDA Regulations, 1989) condition of experience of five years is not required to be counted subsequent to the acquisition of the AMIE degree. While referring to the final seniority list (Annexure P-2), said petitioners claim to be senior to respondent no.4 M.P. Sharma.

5. Per contra, respondent no.4 M.P. Sharma, who had filed CWP-4399-2018 prior to passing of order dated 25.03.2019, has set forth a specific claim to accelerated promotion prior to the petitioners in CWP9559-2019 and others, having secured the degree of AMIE much prior to the said employees. It is the case of M.P. Sharma that requirement of experience necessarily has to be counted from the date of acquisition of relevant educational qualification/degree.

6. Cwp-4399-2018 filed by M.P. Sharma was disposed of on 08.07.2019 on the statement of counsel for the State that M.P. Sharma had been promoted to the post of SDE (Civil) w.e.f. 25.03.2019 as per decision taken in the meeting of DPC held on 08.03.2019. It is observed in order dated 08.07.2019 that in case, statement is found correct, writ petition is rendered infructuous and in case, statement of learned State counsel was found incorrect, liberty was granted to the petitioner to revive the writ petition. CM-10313-2019 was thereafter filed in CWP-4399-2018 for revival of the writ petition by M.P. Sharma - petitioner therein, claiming mere part compliance of the prayers as raised by him. He sought to press for other reliefs claimed by him. Considering the same, said writ petition was posted for hearing along with CWP-9559-2019.

7. M.P. Sharma had earlier filed CWP-14055-2006 claiming seniority from the date of acquiring the requisite degree. Said writ petition was disposed of on 05.09.2006, with a direction to the Chief Administrator, HUDA to decide his claim, which was rejected. Appeal filed against the said order was also dismissed vide order dated 26.11.2016 (Annexure P-3 in CWP-9559-2019). A Committee of three Officers was thereafter constituted to look into the aspect of fixing seniority on the basis of length of service or from the date of passing the degree and it was observed by the said Committee in its report Annexure P-4 in CWP-9559-2019, that in order to make a ranking list from the date of acquisition of degree, an amendment in the Haryana Urban Development Authority Services Regulation, 1989 would be required. M.P. Sharma again filed CWP-4399-2018, claiming rearrangement of seniority of Junior Engineers for the purpose of promotion to the post of SDE from the date of clearing AMIE degree while relying upon decision dated 09.08.2018 in LPA-1515-2015, Sukhdev Singh and others Vs. Haryana P