JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned transfer order dated 10.08.2022 (Annexure P-6) being illegal on a different post of Building Inspector contrary to the appointment of the petitioner being on the post of Junior Engineer (Mechanical) and being outside the cadre of the petitioner by respondent No.2, who is not competent to transfer as per Rule 12 of the Haryana Municipal Corporation Employees (Recruitment and Conditions) Service Rules 1998 (in short ‘Service Rules of 1998’).

2. Learned counsel for the petitioner inter alia contends that the petitioner passed the Bachelor of Technology in Mechanical Engineering in First Division from Maharishi Dayanand University, Rohtak in May, 2008 as discernible from Annexure P-1. Thereafter, the petitioner passed a degree of M.Tech. in Mechanical Engineering and with specialization in Manufacturing Technology and Automation as discernible from Annexure P-2. On 17.06.2020, the petitioner was appointed as Junior Engineer (Mechanical) in Municipal Corporation, Faridabad as discernible from Annexure P-3. The petitioner joined on 18.06.2020. The service record of the petitioner is unblemished. The petitioner has not been issued any charge sheet nor any departmental inquiry has ever contemplated against the petitioner. Further, the post of Junior Engineer (Mechanical) is governed by the Haryana Municipal Corporation Employees (Recruitment and Conditions) Service Rules, 1998. Under these service rules, there are three categories of posts of Junior Engineers, namely, (i) Junior Engineer (Civil) (ii) Junior Engineer (Mechanical) and (iii) Junior Engineer (Electrical). The post of Junior Engineer (Civil) is also called as Building Inspector. 10% posts of Junior Engineer (Civil) or Building Inspector can be filled up by promotion from Road Inspectors and Surveyors, whereas, 33% posts of Junior Engineer (Electrical) can be filled up by promotion from Electrical Foreman/Electricians, whereas, there is no provision for filling up the posts of Junior Engineer (Mechanical) by promotion in terms of Rule 9 of Service Rules of 1998.

2.1. He further has drawn the attention of this Court regarding the educational qualification for the post of Junior Engineer (Civil) or Building Inspectors as well as the Junior Engineer (Mechanical) and Junior Engineer (Electrical). A person holding a degree of Mechanical Engineering cannot be posted as Junior Engineer (Civil) or Building Inspector or Junior Engineer (Electrical). Similarly, a person holding a degree of Civil Engineering cannot be posted or appointed as Junior Engineer (Mechanical) or Junior Engineer (Electrical). Similar is the position in case of promotion on higher post of Assistant Engineer. Similarly, a Junior Engineer (Mechanical) cannot be promoted on the higher post of Assistant Engineer (Civil) or Assistant Engineer (Electrical). Likewise, no person holding the post of Junior Engineer (Civil) or Building Inspector or Junior Engineer (Electrical) can be promoted on the higher post of Assistant Engineer (Mechanical). Further, as per Rule 11 of the Service Rules of 1998, the seniority of the post of Junior Engineer (Mechanical) is to be determined on the basis of continuous length of service on that post only at the level of Municipal Corporation, Faridabad as the Commissioner concerned of the Municipal Corporation is the appointing authority.

2.2. Further, there is no past practice or provision regarding maintaining inter se seniority of the employees of different Municipal Corporations in the State of Haryana. He further relies upon the proceedings of the meetings held on 04.10.2013 (Annexure P-5) headed by the Special Secretary to Government of Haryana, Urban Local Bodies Department for finalization of seniority amongst the officers in Faridabad, Municipal Corporation and other Municipal