RASILA RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE Petitioner, who is a member of Scheduled Castes, hails from the State of Himachal Pradesh. Is he entitled to the benefit of reservation in the State of Haryana? This is the short question that arises for consideration in this case. A few facts may be briefly noticed.

(2.) THE Petitioner was appointed as a Clerk -cum -Typist in the State of Haryana on March 19, 1970. On May 22, 1975 he was promoted as an Assistant. Vide order dated March 18, 1992 the Petitioner was confirmed as an Assistant with effect from January 8, 1979. He was permitted to cross efficiency bar, - -vide order dated May 4,1985 with effect from the due date viz April 1, 1985 on January 24, 1991, the Petitioner was promoted as Deputy Superintendent with effect from November 1, 1988. This promotion was challenged by one Mr. K.K. Bhalla in C.W.P. No. 2765 of 1991. This petition was allowed on May 31, 1991. As a consequence, the Petitioner was reverted from the post of Deputy Superintendent to that of Assistant. Another post of Deputy Superintendent became available on December 1, 1991. Vide order dated December 13, 1991 the Petitioner was given the "acting charge of the post of Deputy Superintendent in his own pay scale..."Vide order dated February 7, 1992, Babu Lal, Respondent No. 3 was ordered to be promoted to the post of Deputy Superintendent and the order dated December 13, 1991 by which the Petitioner was given the acting charge of the post was withdrawn. Aggrieved by this action, the Petitioner has approached this Court through the present writ petition.

(3.) IN the joint State of Punjab instructions were issued, - -vide letter dated September 7, 1963. A question arose as to whether the benefit of reservation could be given even to the members of those Scheduled Castes which were recognised by the State though they were the domiciles of other States. Vide letter dated January 20, 1972, the Social Welfare Department conveyed the decision of the Government "that the benefit of reservation as per these instructions has to be given only to those Scheduled Castes/Backward Classes who are domiciles of Haryana State and this benefit is not to be granted to those who are domiciles of other States." (Emphasis supplied). Thereafter, - -vide letter dated September 15, 1972, it was inter alia decided that "so far as the benefit of relaxation in age and fee is concerned, these facilities should be given not only to those persons of Scheduled Castes and Backward Classes, who are domiciles of Haryana but to those also who are domiciles of the State other than Haryana and belong to those Scheduled Castes which are recognised by the Haryana Government." It was observed that relaxation in age and fee has no relevance with the population of Scheduled Castes in Haryana on the basis of which reservation of posts had been fixed. Copies of these two letters are on the record of this case as Annexures R3/1 and R3/2 with the written statement of Respondent No. 3. In continuation of the letter dated September 15, 1972, referred to above, the Social Welfare Department issued instructions, - -vide letter dated December 18, 1973 (Annexure P.5) to all Heads of the Departments advising that "the employees of Scheduled Castes/Scheduled Tribes, who are in the service of the Haryana Government, should also be considered as bona fide residents of Haryana and they along with their children should be given benefit of reservation in Government service." Thereafter, the Chief Secretary to Government Haryana issued instructions to the effect that just as the benefit of reservation to the members of Scheduled Castes and Backward Classes is given only to the domiciles of the Haryana State, the benefit of reservation to ex -servicemen and physically handicapped persons should be given only to those "who are domiciles of the Haryana State and not to others." Vide letter dated October 22, 1990 (Annexure R3/3A), it was clarified that "if a person belonging to the other State joins service as a general candidate in Haryana and later on claims the benefit of reservation in promotion on the basis of certificate issued by the other State for a caste which has been declared as reserved by the State of Haryana, such a person cannot claim benefit of reservation for himself on the basis of that certificate. However, his children/dependants can claim the benefit of reservation being dependants of the Haryana Government employees."