RAVINDRA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Should there be promotional reservation on non-selection posts (the posts to be filled on the basis of seniority subject to rejection of unfit)? Can there be reservation in a cadre consisting of three posts? These are some of the questions involved in this writ petition. FACTS

(2.) UP Fire (Gazetted Officer) Service (the Service) is a State service comprising of Group A and B posts. It is governed by UP Fire (Gazetted Officers) Services Rules, 1984 (the Rules). Rule 4 part II provides cadre and Rule 4 Part III provides for recruitment. Under Rule 4 part III (iii), there are posts of Deputy Director (Technical) and Commandant Fire Service Training Centre. These posts are to be filled by promotion from permanent Chief Fire Officers. Rule 17 provides procedure for promotion to the post of Deputy Director Technical and Commandant Training Centre. It is non-selection post and the promotion is to be made through a selection committee on the basis of seniority subject to rejection of unfit. Rule 5 provides for reservation for scheduled caste and Scheduled Tribe (SC/ST) in the Service. It states that reservation would be in accordance with the orders of the Government in force at the time of recruitment.

(3.) Petitioner and respondent no. 4 (the contesting respondent) were permanent Chief Fire Officers. The petitioner was senior than the contesting respondent. The Appendix to the Rules provides the number of posts. It states that there is one post of Deputy Director (Technical) and one post of Commandant Fire Services Training. It is admitted case that subsequently one more temporary post of Deputy Director (Technical) has been sanctioned i.e. there are in all three posts. One post is occupied by general candidate. Two of the remaining posts fell vacant. In one post the contesting respondent belonging to SC category was promoted and over the second post one Mahesh Narain Trivedi (general category) was promoted by the order dated 16.12.1997. The petitioner has filed the present writ petition challenging the promotion of the contesting respondent. There is no dispute regarding promotion of the general category candidate. POINTS FOR DETERMINATION