KARAM CHAND Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The only question that arises for decision in this appeal is whether an employee promoted to a post reserved for Scheduled Castes and Scheduled Tribes is entitled to have his seniority determined from the date of his appointment to the post or his seniority inter se will be reckoned as it was in the class or grade from which he was promoted to a post in a higher rank.

(2.) The appellant, who is a Scheduled Caste joined service as a Clerk in the Electricity Branch of the Punjab Public Works Department on February 20, 1954. The terms and conditions of his service were governed by the Punjab P.W.D. (Electricity Branch) Provincial Service Class-III (Subordinate Posts) Rules, 1952. In February, 1959 the Punjab State Electricity Board was constituted under Section 3 of the Electricity (Supply) Act, 1948 and the employees of the Electricity Branch were transferred to the Board. The conditions of service of the employees were governed by their existing terms and conditions as well as existing service Rules. In 1967 the Haryana State Electricity Board was constituted and the appellant was allocated to the Haryana State Electricity Board with existing terms and conditions of service. The Board being a statutory corporation was requested by letter dated December 13, 1972 by the Government to provide for reservation of 22% of vacancies - initial recruitment and promotion posts being filled up by members of the Scheduled Castes and Scheduled Tribes as well as by members of backward classes. The Haryana State Electricity Board adopted the above circular by its Resolution dated March 10, 1976 providing for reservation of posts both for initial recruitment as well as for promotion. The appellant was promoted on September 25, 1973 as Deputy Superintendent. The respondent No. 2 Rajinder Singh Marya was also promoted by the same order as Deputy Superintendent. In the said order of appointment the following note was appended:-

(3.) On April 27,1972 a circular was issued by the Chief Secretary, Government of Haryana to all its departments regarding reservation for members of Scheduled Castes and Scheduled Tribes in service and fixation of seniority. Paragraphs 2 and 4 of the said circular which are relevant are quoted hereinbelow:-