RAJINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as a Clerk in the respondent-department on 15.6.1987. Next promotion is to the post of Senior Assistant. The petitioner belongs to the reserve category of Scheduled Caste. Mr. Sharma has vehemently argued that at that time no Scheduled Caste employee was eligible to be promoted on the post of Senior Assistant. Therefore, on 30.6.1992, one Rajinder Parshad belonging to the general category was promoted on the post of Senior Assistant. However, a condition was made in his order of promotion that he shall have to make way for a qualified Scheduled Caste candidate as and when he becomes available. The petitioner passed the Assistant Grade Examination on 6.6.1993. He, therefore, made a representation to the respondents for promotion on the reserved post. Consequently, the petitioner was promoted on 3.3.1994 and Rajinder Parshad was directed to be reverted to the original post. These orders are attached with the writ petition as Annexures P-3 and P-4, both dated 3.3.1994. Rajinder Parshad filed Civil Writ Petition No. 3335 of 1994 challenging the order of reversion. In the written statement filed by respondent No. 3, it was categorically stated that the petitioner therein had been promoted against a vacancy reserved for Scheduled Caste and, therefore, Rajinder Parshad had no claim to the post. Consequently, the writ petition was dismissed.

(2.) In the meantime, controversy with regard to the passing of the Assistant Grade Examination, which was pending, ultimately was settled by Supreme Court in Civil Appeal No. 11660 of 1995, Saroj Rani and another v. State of Punjab and others, 1999 4 SCT 80 decided on 24.8.1999. In accordance with the said decision, the vacancies were to be filled as per directions given which were as follows :-

(3.) In reply to para 16 of the writ petition, it has been categorically stated that while implementing the Supreme Court order, the reversions/promotions were made keeping in view the quota of reservation.