DAULAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a Clerk w.e.f. 3.10.1971 in the Department of Food and Supplies, Haryana. He was promoted as Junior Auditor w.e.f. 15.3.1973 and was confirmed in the said post vide order dated 21.2.1982. He was placed in the grade of Rs. 525-1050. Subsequently, the pay scales of the post of Junior Auditor and that of the Statistical Assistant and Accountant stood defined as the same. The post held by petitioner was redesignated as Statistical Assistant vide order dated July 31, 1982. The next promotion from the post of Assistant/Statistical Assistant/Accountant was to the post of Deputy Superintendent/Assistant Food and Supplies Officer. The services of the petitioner were governed under the rules known as Haryana Food and Supplies Department Sub Offices Group C Rules, 1982 (hereinafter referred to as "the Rules"). Promotion to the post of Deputy Superintendent could be made in pursuant to rule 9 of the Rules and that is case of reserved categories rule 19 of the rules was/is applicable. It shall be apposite to notice the above said rules which read as under :-

(2.) The Government of Haryana issued instructions vide letter No. 38/20/78-2- GSI dated February 9, 1979 regarding reservation of posts for Scheduled Caste and Backward Class and other ex-servicemen under the Service of State of Haryana. In pursuant to these instructions 20% promotional posts in Class-III and Class-IV were to be reserved for the Scheduled Caste to be filled on the basis of seniority-cum-merit. A roster of 100 was to be prepared and in accordance thereof the posts at No. 4, 8, 14, 18, 24, 28, 34, 38, 42, 50, 54, 58, 64, 68, 74, 78, 84, 88, 92 and 100, would be reserved for the employees belonging to the reserved category. In accordance with these instructions, the posts on the reserved point if not filled on account of non-availability of eligible candidates would be carried forward for two recruitment years. A copy of the said instructions has been appended as Annexure P3.

(3.) The petitioner belongs to the reserved category of Scheduled Caste and has, therefore, claimed entitlement to be considered for the post of Deputy Superintendent/Assistant Food and Supplies Officer against the reserved roster point. It is contended that since the issuance of the aforesaid instructions, only one post has been filled up from amongst the candidates belonging to the category of Scheduled Caste, namely Sri Ishar Dass Khan. It is admitted case of the petitioner that Shri Ishar Dass Khan was senior to the petitioner on September 30, 1984. After him, the petitioner is the senior most Statistical Assistant amongst eligible candidates for promotion to the post of Deputy Superintendent/Assistant Food and Supplies Officer from amongst candidates belonging to the reserved category. The claim is that he is entitled to be considered for promotion against the vacancies at roster points i.e. No. 8 and 14 which have fallen to the share of the reserved category. It is claimed that the petitioner has excellent service record and is eligible as per the conditions provided in the rules and is, therefore, entitled to be considered for promotion.