RAJ KARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the Order dtd. 18/4/2006 in Civil Writ Petition No.14465 of 2004 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh whereby the Division Bench has allowed the Writ Petition filed by Respondent No. 3 herein and quashed the order dtd. 14/7/2004 (Annexure P-1) whereby the appellant herein Raj Karan was shown above Pardaman Singh (R-3) in the seniority list of Vaidyas.

(3.) The brief facts which are necessary for disposal of this appeal are that Pardaman Singh (R-3 herein) filed a writ petition challenging the order dtd. 14/7/2004 by which he was granted seniority above Raj Karan Singh (appellant herein) in the cadre of Vaidyas. The Government issued a Notification that both these candidates are selected for the post of Vaidyas in 1987. As per the recommendation of the selection committee dtd. 4/6/1987 Pardaman Singh (R-3) was placed at No.9 and Raj Karan Singh, the Appellant before us, was placed at S.No.10. But because of the Government's Instructions dtd. 5/5/1975 with regard to appointment of the scheduled castes and scheduled tribes to the effect that out of 50% of the post of scheduled castes shall be reserved for Mazhbi Sikhs/Balmikis and in that Raj Karan Singh who belong to Balmiki was given appointment against the post of scheduled caste. Pardaman Singh was given the next post. Raj Karan Singh made a representation against Pardaman Singh for assignment of higher seniority and claimed seniority against Pardaman Singh on the ground that he has been appointed against the first vacancy of scheduled caste Mazhbi Sikhs/Balmikis and therefore, he should be given seniority over Pardaman Singh. This representation was acceded by the Government and seniority was changed and Raj Karan Singh was given seniority above Pardaman Singh in the cadre of scheduled caste.