GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for issuance of writ in the nature of certiorari quashing the order dated 13.1.1981, copy Annexure P-1 to the writ petition, whereby respondent No. 4 was promoted to the post of Assistant Milk Commissioner on the basis of reservation. The petitioner has also prayed for issuance of a direction to the respondents to promote him to the post of Assistant Milk Commissioner with effect from the date respondent No. 4 has been promoted.

(2.) The case of the petitioner is that the post of Assistant Milk Commissioner being a post of single cadre, no reservation could be made and the respondent department was duty-bound to consider the incumbents of the feeder cadre per their seniority, eligibility and suitability, whereas the stand of the respondent-department is that the promotion of respondent No. 4 being against the second vacancy, it was required to be reserved by way of carry-forward formula as the first point which became available on 14.2.1975, was given to general category incumbent. The respondents have also raised the objection that the petitioner has filed the writ petition at a belated stage.

(3.) I have considered these arguments of the learned Counsel for the parties and perused the paper-book.