BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was promoted, on ad hoc basis, as Junior Engineer vide orders dated 21st July, 1986. He was promoted as Junior Engineer on officiating basis vide orders dated 2nd July, 1988. The Engineer-in-Chief, Himachal Pradesh P.W.D. directed his reversion to the Electrician Grade-I, the post held by him before his promotion. Feeling aggrieved, the appellant approached the Himachal Pradesh Administrative Tribunal, Shimla (hereinafter referred to as "the Tribunal") for quashing the impugned orders. The claim of the appellant was resisted by the respondents on the ground that his promotion was erroneously made by way of reservation for a Scheduled Tribe candidate under the mistaken belief that such reservation was permissible for promotion from Electrician Grade-I to the cadre of Junior Engineer (Electrical). After finding that no reservation was permissible under the Rules and Instructions relating to reservation of Scheduled Castes/Tribes, the order was rectified and the appellant was reverted to his original post. The petition was dismissed by the Tribunal vide the impugned order herein, hence this appeal.

(2.) It is admitted that promotions and appointments of Electrician Grade-I to the post of Junior Engineer (Electrical) are regulated by the Himachal Pradesh P.W.D. Subordinate Services Class-II Junior Engineer (Electrical) (Technical) Recruitment Rules, 1979 (hereinafter referred to as "the Rules"). The aforesaid Rules provide that 90% of the total posts of the cadre are to be filled by direct recruitment and 10% by way of promotion as prescribed under Rule 4 of the Rules. According to the respondents reservation roster is not required to be applied in promotion posts where the element of direct recruitment exceeds 66-2/3%. The appellant was alleged to be not entitled to promotion on the basis of reservation of the post for a Scheduled Tribe candidate.

(3.) The Office Order dated 21st July, 1986 shows that the appellant was promoted as Junior Engineer in the pay-scale of Rs. 700-25-850/30-1000/40-1200 purely on ad hoc basis with effect from the date of his joining the said post. The Office Order dated 27th September, 1987 indicates that the appellant along with others was promoted on officiating basis until further orders with immediate effect in the public interest. One Shri B. L. Walia, Junior Engineer filed a writ petition against the promotion of the appellant which was seriously contested by the respondent-State. By way of objections filed in the High Court, the promotion of the appellant was justified by stating: