JUDGMENT :

Vinod S. Bhardwaj, J. (Oral) 

1. Challenge in the present writ petition is to the order dated 02.06.2020 (Annexure P-18) whereby the respondent No.2-Registrar, Cooperative Societies Department, Haryana, has modified the condition of absorption/appointment of the petitioner as well as respondent No.4-Charwinder Singh Saini dated 31.07.2013, after a period of nearly 07 years and directed that the seniority of the petitioner and respondent No.4 be determined in accordance with their seniority in the field cadre instead of date of joining in Head Office. A further prayer has been made to re-fix the seniority of the petitioner above respondent No.4.

2. Learned counsel appearing for the petitioner contends that the Haryana Staff Selection Commission had advertised post of Clerk for the Field Cadre in the office of respondent No.2-Registrar, Cooperative Societies Department, Haryana. The petitioner being eligible applied for the same and on being successful, was appointed to the post of Clerk in Field Cadre on 17.02.2012. Thereafter, the respondents issued an offer letter regarding absorption of Clerk(s) from field cadre to Head office cadre, with a condition that the applicant will not claim the past seniority of field cadre of Clerks. The petitioner submitted an application that he will not claim his past seniority of Field Cadre of Clerks. Similar application was also submitted by respondent No.4. Eventually, vide order dated 31.07.2013, the petitioner as well as respondent No.4 were absorbed in the Head Office Cadre of Clerks. The order of absorption dated 31.07.2013 bearing Endst. No.Admn. II(5)/8619-27 reads thus:-

'Consequent upon the consent of Sh. Vikas Kumar, Clerk presently detached in Head Office from the office of ARCS Panchkula and Sh. Charwinder Singh, office of AOCS, Ambala for absorption in Head Office Cadre, approval is accorded to absorb them in Head Office Cadre from the field cadre subject to the condition that they will not claim their past seniority of field cadre of Clerk and their seniority in Head Office Cadre will be kept at the tail in the seniority list of the Clerks in Head office and seniority will be determined from the date of their joining in Head office Cadre. '

3. Learned counsel for the petitioner submits that the seniority list clearly mentions that the petitioner joined the Head Office Cadre on 01.08.2013 whereas respondent No.4 joined on 08.08.2013. Hence, respondent No.4 was junior to the petitioner. The tentative seniority list of clerks in the Head Office cadre was thereafter circulated by the respondent Department as on 31.07.2015 wherein petitioner was shown as senior to Charwinder Singh-respondent No.4. While the petitioner was shown at Sr. No.21, respondent No.4 was shown at Sr. No.22. Eventually, the petitioner was promoted to the post of Assistant on 13.10.2016 and later on respondent No.4 was also promoted to the post of Assistant on 12.04.2017. A tentative seniority list dated 09.07.2019 was prepared in the Head Office Cadre wherein the petitioner was again shown senior to respondent No.4. He submits that notwithstanding that the seniority list reflecting the petitioner as senior to respondent No.4 not only as a Clerk but also as an Assistant, respondent No.2 yet passed the impugned order dated 02.06.2020 whereby the Registrar modified the office order dated 31.07.2013 (the order of absorption of the petitioner as well as respondent No.4) and ordered that the seniority of the employees will be determined according to their seniority in the Field Cadre instead of determination of seniority from the date of their joining in the Head Office Cadre. The order dated 02.06.2020 is extracted as under:-

'Whereas Shri Charwinder Singh, Assistant in H.O. vide his application dated 04.06.2018 had stated that he and Shri Vikas Kumar while working as Clerk in the Field Cadre were absorbed in the Head office Cadre vide orders dated 31.07.2013 whereas he was senior to Shri Vikas Kumar in the Fi