AJIT SINGH JANUJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals have been filed against the judgment of a Full Bench of the Punjab and Haryana High Court dated 23-8-1989 dismissing three writ petitions (C. W. P. No. 2190/88, C. W. P. No. 7860/87 and C. W. P. No. 7861/87) filed on behalf of the appellants. The petitioners in C. W. P. No. 2190 of 1988 were working on the posts of Superintendent Grade I, Superintendent Grade II and Assistant, in Punjab Civil Secretariat, Chandigarh. They were members of the cadre of Punjab Civil Secretariat. The petitioners in C. W. P. No. 7860 of 1987 were working on the posts of Under Secretaries/Superintendent Grade I, in the Punjab Civil Secretariat, Chandigarh, and were members of the cadre of Punjab Civil Secretariat. The petitioners in C. W. P. No. 7861 of 1987 were working against the posts of Deputy Secretaries/Under Secretaries in the Punjab Civil Secretariat and were members of State Service Class-I. The Primary grievance made in all these writ petitions on behalf of the different petitioners, was that the policy for reservation in respect of candidates belonging to Scheduled Castes and Backward Classes, was being implemented by the State Government in a manner, because of which the members belonging to the Scheduled Castes and Backward Classes were holding posts in excess to their reservation quota. This was not only prejudicial but detrimental to the right of the petitioners for being considered for promotion to higher grade. Several other similar writ petitions had also been filed on behalf of others which were heard together and were dismissed by the common impugned judgment.

(2.) The State has been issuing from time to time Government Orders in respect of reservations for members of Scheduled Castes and Backward Classes. One such order was issued on 19-10-1949, making 15% reservation of posts in favour of Scheduled Castes to be filled up from amongst candidates who held minimum qualification for the posts. By another order dated 19-8-1952, the percentage of 15% was increased to 19%. By yet another order, dated 29-1-1959 roster system was introduced for implementing the policy of reservation. By an order dated 14-1-1964 reservation was fixed in all classes of posts i. e. I, II, III and IV. However, by an order dated 23-8-1966, the State withdrew reservation for Class I and II posts but the reservation in respect of Class III and IV posts were increased to 20%. On 19-7-1968 a clarification was issued by the State Government saying that in direct recruitment the roster points shall be taken as seniority points for Scheduled Castes. By an order dated 4-5-1974, reservation was reimposed even in respect of Class I and II posts and it was fixed at 16% (14% for Scheduled Castes and 2% for Backward Classes). This reservation was to be provided by applying the roster system. The reservation of 14% posts for Scheduled Castes was the substantive provision and the roster was a machinery provision. By an order dated 6-6-1974, the quota of reservation was increased to 25% for Scheduled Castes and 5% for Backward Classes w. e. f. 6-3-1974. On 7-1-1980 the State issued an order, the relevant part whereof says:-

(3.) It may be mentioned that some of the questions raised in the cases of Joginder Singh Sethi (supra) and Jaswant Singh (supra) came up for consideration before a Constitution Bench in the case of R. K. Sabharwal v. State of Punjab, (1995) 2 SCC 745, on a writ petition filed by members of the Punjab Service of Engineers (Class I) in Irrigation Department, belonging to the general category challenging the policy of reservation in connection with promotion to higher posts. The respondents to the said writ petition were members of the Scheduled Caste. On behalf of the petitioners in that case a stand was taken that the (i) object of reservation was to provide adequate representation to the Scheduled Castes/Tribes and Backward Classes in service and if more than 14% of Scheduled Castes candidates are appointed/promoted in a cadre on their own merit/seniority by competing with general category candidates then the purpose of reservation in the said cadre having been achieved the Government instructions in respect of reservation would become inoperative and (ii) once the posts earmarked for Scheduled Castes/Tribes and Backward Classes on the roster are filled, the reservation is complete and the roster cannot operate any further and has to be stopped. Any post falling vacant, in the cadre thereafter is to be filled from category reserved or general - due to retirement etc., of whose members the post fell vacant. In respect of the first question mentioned above, it was said: