JUDGMENT

Mr. M.S. Ramachandra Rao, J.

Since common issues of law and fact arise in this batch of cases, they are being disposed off by this common order.

2. We are concerned in these cases with the legality and validity of absorption of Sh.PradeepAtri, Sh. Praveen Chaudhary,Sh.Pankaj Gaur and Sh.Arun Bhatia(for short 'private respondents') [originally appointed as Sub Divisional Engineers/ Asst.Engineers (Civil) in the Haryana Rural and Panchayat Raj Department [for short 'the PR Department']] into the Haryana Public Works (Building and Roads) Department [for short 'the PWD (B&R) Department'] and grant of seniority to them above certain direct recruits.

An overview of the background facts

3. The PWD (B&R) Department had issued an advertisement on 07.05.2006 inviting applications for 44 posts of Sub Divisional Engineers (also called "Asst. Engineers") to be recruited by way of direct recruitment through the Haryana Staff Selection Commission. Their conditions of service are governed by the Rules mentioned above.

4. The petitioners in CWP-7706-2011, CWP-18515-2012, CWP- 18075-2011, CWP-11848-2020, CWP-858-2021and first two petitioners in CWP-12882-2020 applied in response to the said advertisement and qualified in the test conducted by the said Commission and their cases were also recommended by it to the State Government on 14.11.2006.

5. Sh. Pradeep Atri, Sh. Pankaj Gaur and Sh. Arun Bhatia also appeared for the said examination for direct recruitment in the PWD (B&R) Department held in 2006, but did not qualify.

CWP-16016-2000 and the undertaking given by the State therein

6. By that time, CWP-16016-2000 and batch had been filed in this Court by certain persons selected in the PWD (B&R) Department to the post of Sub Divisional Engineers in 1999/2000, but who were denied appointments on the ground of reduction of cadre strength.

7. So a corrigendum was issued on 8.5.2006 that the recruitment to 44 posts of Asst.Engineer in the PWD(B&R) Department notified on 7.5.2006 would be subject to decision in CWP-16016-2000 and batch pending in this Court as on that date.

8. They filed an application CM-14464-2006 in the said Writ Petition seeking stay of fresh appointments on the basis of the recommendations made by Haryana Staff Selection Commission on 14.11.2006.

9. On 22.11.2006, in CWP-16016-2000, the following order was passed:

"The Ld.State Counsel requests for a short adjournment in order to seek instructions on facts as there is a variation in the affidavit dt.26.8.2006 filed by the petitioner and the order dt.17.1.2005 with regard to vacancies of the select list during life time. List again on 29.11.2006."

10. On 29.11.2006, the Counsel for the State gave an undertaking that appointment letters would not be issued to the selected candidates recommended by the Haryana Staff Selection Commission on 14.11.2006.