R K PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these three petitions, a common question has been raised for our consideration and the question is as to the effect that when promotions of Scheduled Tribes/Scheduled Castes (ST/ SC' for short) employees are effected from the cadre of clerks, clerk-typists. and typists in the Revenue Department of the State of Gujarat working in different Collectorates to the higher posts of Deputy Mamlatdars on application of roster system and when contingency arises for effecting reversions from the promotional posts of Deputy Mamlatdars on account of cancellation of posts on any administrative ground, whether these ST/ SC promotees can legitimately contend that till percentage of reservation of the post for them in the promotional cadre is not exceeded, they cannot be reverted and instead, promotees from the general category should be reverted irrespective of their inter se seniority in the promotional cadre of Deputy Mamlatdars.

(2.) The petitioners in this group of petitions represent general category of employees who contend that their colleagues who belong to ST/SC and who are also promoted as Deputy Mamlatdars, should not get benefit of such percentage of reservation at the time when reversions arc to be effected even though they might have been promoted as per roster for maintaining percentage of leserved categoiies of employees in the promotional cadre. The contesting respondents belonging to reserved category of employees naturally oppose this contention.

(3.) Before we proceed to deal with this controversy, in greater details, it will be necessary to note a few introductory facts leading to these proceedings. Special Civil Application Nos. 5937 of 1990 and 5370 of 1990 are concerned with employees working as Deputy Mamlatdars in Baroda Collectorate. Respondents Nos. 3 and 4 in Special Civil Application No. 5370 of 1990 were promoted as Deputy Mamlatdar on the basis of roster and roster points as they belonged to ST/SC communities while the petitioners in Special Civil Application represent general category of candidates who are promoted as Deputy Mamlatdars and working as such. In Special Civil Application No. 5937 of 1990, the petitioners are belonging to general category while respondents Nos. 3 to 11 represent reserved category of employees working as Deputy Mamlatdars in The same Collectorate. In Special Civil Application No. 5134 of 1990, petitioners who are working as Deputy Mamlatdars and who belong to general category of employees have challenged non-reversion of respondents Nos. 3 to 10 who belonged to reserved categories and who are also working as Deputy Mamlatdars after being promoted as such on account of roster points.