KASHMIRI LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is a member of the Backward Classes. He is working as a Junior Engineer in the Public Works Department (Irrigation Branch). He complains that respondent Nos. 3 to 5 have been arbitrarily promoted as Sub Divisional Officers (Mechanical) vide orders dated March 6, 1982 and September 29, 1982. He prays that the two orders, copies of which have been produced as Annexures P.5 and P.6 be quahsed in so far as these relate to the three respondents. Aggrieved by these orders, the petitioner represented. However, no fruitful result having ensued, he has approached this Court. He further prays that a writ of mandamus be issued directing the respondents to consider his claim for promotion to the post of Sub Divisional Officer (Mechanical).

(2.) The respondents contest the petitioner's claim. It has been inter-alia averred that the reservation to the categories of Scheduled Castes and Backward Classes in Class-II Service had commenced in May 1974. The posts falling at Sr. Nos. 26 and 75 were given to the eligible members belonging to the Backward Classes. M/s Santokh Singh and Gurdev Singh who are senior to the petitioner were appointed against the two points. The petitioner's name appears at Sr. No. 255 in the list. He is junior. Thus, the claim as made by him cannot be sustained.

(3.) After this written statement had been filed, the petitioner amended the writ petition and produced certain additional documents. One of these was a classified list of Junior Engineers (Mechanical) as corrected upto December 31, 1980. Thereafter, the petitioner filed a C.M. No. 30272 of 2000 with which he produced a copy of the roster register maintained by the department for implementing the reservation policy of the State Government. It is at Annexure P.13. Detailed reference to the documents shall be made at the appropriate stage.