RAM ASRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who belongs to the Scheduled Caste Community, is working as Assistant Grade 'A' with the Punjab Finance Treasuries and Accounts) Department. As per Rule 8(1) of the Punjab Finance (Treasuries and Accounts Department (State Services Class III) Rules, 1979, a person after completion of 8 years of service as Assistant Grade 'A' becomes eligible to be promoted to the post of Superintendent, Grade III, i.e. next higher post.

(2.) As per the seniority list of Assistant Grade 'A' in the department as on 31.1.1985, the petitioner had completed more than 12 years, on the post of Assistant Grade 'A' and was placed at Sr. No. 6 in the seniority list. A perusal of the rostor maintained by the Department shows that as many as six persons have been promoted as Superintendent Grade-III, w.e.f. 1966, but none from the Scheduled Caste Category. As per 100 point Model Roster, 1st, 6th, 11th, 16th, and so on vacancy in the case of promotion of Class III and IV service in the State of Punjab are to be filled from the Scheduled Caste employees.

(3.) In the year 1983, the 6th vacancy for promotion as Superintendent Grade-III accrued in the department and as per Rostor, it was to go to the Scheduled Caste employee and was so reserved, but due to non-availability of the eligible Scheduled Caste employee, it was dereserved vide letter No. 2/83 dated 11.8.1983. It was stated in the said letter that this reserved vacancy of Superintendent Grade-III is permitted to dereserve with the direction that this vacancy will be carried forward in the members of Scheduled Caste as per government instructions. Since no Scheduled Caste employee was available against this vacancy, it was carried forward and one Jaswant Singh a non- scheduled caste employee, was promoted as Superintendent Grade-III, w.e.f. 20.7.1983.