JOGENDRA SETHI Vs. RABINDRANATH BEHURA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) The question which arises for consideration in this appeal relates to the applicability of the carry-forward rule in relation to the post reserved for Scheduled Caste candidates in government service in the State of orissa. The appellant belongs to a Scheduled Caste. He was employed as Typist-cum- Despatcher in the office of the Principal Secretariat Institute, Bhubaneswar, orissa. The matter relates to the promotion to the post of Head Typist. One post of Head Typist which was reserved for Scheduled Caste candidate as per the roster fell vacant in the year 1982. Since no Scheduled Caste candidate was available, a candidate belonging to a general category was promoted. Thereafter the post became available only on 30/8/1988. That post was earmarked for a general category under the roster but by application of carry-forward rule it was treated as reserved for Scheduled Caste and the appellant was selected for promotion on the said post by the Departmental Promotion Committee. Respondent 1 who belongs to the general category filed a petition (OA No. 348 of 1989 before the orissa Administrative tribunal (hereinafter referred to as "the tribunal") assailing the said promotion of the appellant. The said petition was allowed by the tribunal by judgment dated 5/8/1991. The tribunal has held that the carry-forward vacancy could be continued for three financial years whereafter it cannot be carried forward. According to the tribunal the appointment of the appellant on the post of Head Typist after the lapse of three Arising out of Special Leave Petitions (C) Nos. 17674-75 of 1991years was illegal. The tribunal directed that Respondent 1 be considered for promotion to the post of Head Typist.