S RAJENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant and respondent No. 3 belong to the service of the Jail Department of the Government of Pondicherry. The appellant-Rajendran was promoted as Assistant Superintendent of Jails on 8-2-1980. The 3rd respondent was directly recruited as a probationer to the post of Assistant Superintendent of Jails on 4-11-1988. The 3rd respondent belongs to a Scheduled Caste. At the material time, in the seniority list of Assistant Superintendents, the appellant was at serial No. 1 and the 3rd respondent was at serial No. 4. The next promotional post for Assistant Superintendent of Jails is the post of Deputy Superintendent which is a Grade C post with the pay scale of Rs. 1400-2200. Under the Government of Pondicherry, Jail Department, Group C and Group D Posts (Non-Ministerial) Recruitment Rules, 1981, the post of Deputy Superintendent of Jails is to be filled by promotion failing which, by direct recruitment. In the case of recruitment by promotion, the Rules as amended provide that it will be by promotion from regular Assistant Superintendents who have put in not less than three years' continuous service in that grade.

(2.) On 23-7-1990 a single vacancy arose in the post of Deputy Superintendent of Jails. This vacancy was a reserved vacancy for a Scheduled Caste candidate. The respondent No. 3 was the only available Scheduled Caste candidate. However, he was not eligible for promotion on that date since he had not completed his period of probation and had not qualified for promotion by passing the departmental tests being Jail Test and Executive Officers' Test. Since no suitable Scheduled Caste candidate was available for promotion, the department applied for de-reservation of the post so that a general category candidate could be appointed to that post. This request, however, was turned down and the department was advised by the Government to fill up the post on an ad hoc basis until a suitable Scheduled Caste candidate became available. Accordingly, the appellant was appointed Deputy Superintendent by promotion on an ad hoc basis. On 6-2-1993 respondent No. 3 became eligible for promotion since he was declared to have satisfactorily completed his period of probation and since he had also qualified by passing the two departmental tests. By then he had also completed three years of regular service. The department accordingly moved the Government for appointing the 3rd respondent in the reserved post. Thereupon the appellant filed an application before the Central Administrative, Tribunal at Pondicherry for regularisation of his appointment as a Deputy Superintendent. His application was allowed. However, subsequently, on a review of the earlier order on the ground of there being an error apparent on the face of the record, the Tribunal dismissed the application of the appellant. Hence, the appellant has come by way of present appeal against the order of the Tribunal in review.

(3.) The Brochure on "Reservation For Scheduled Castes and Scheduled Tribes in Services" issued by the Government of India, in paragraph 11.3 in Chapter 11 deals with reservations and carry forward of a single vacancy arising in a year. It provides as follows :-