PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question but of great significance arises in this case is as to whether the instructions of the State Government providing reservation for direct recruitment or by promotion to the posts of B-Class Tehsildars would be applicable to recruitment by transfer.

(2.) Prem Singh petitioner was selected as Ziledar in January 1975 by the Subordinate Services Selection Board. After completion of the training, he was appointed as such on December 20, 1977, in the Irrigation Department, Haryana, on regular basis. In 1981, he was confined after he had passed the Departmental Revenue Examination. The petitioner belongs to Scheduled Castes category and under the policy of the State Government, reservation for recruitment in the Government service is provided. 20 per cent posts are reserved for scheduled castes in Classes I, II, III and IV posts in the block of 100 posts. Their reservation points have also been fixed at 4, 8,14---------------". The process of selection of B-Class Tehsildars started by the State Government in accordance with the Fiaancial Commissioner's standing order No. 12. The petitioner was called for interview, as per interview letter. Annexure P-4. In 1989, similar exercise was done again vide letter Annexure P-5. The petitioner applied for the post of B-Class Tehsildar through his department, as being the senior Ziledar, as also on the basis of reservation. He also made a representation Annexure P-6 in this respect. Earlier the practice used to be select the senior most Ziledar for such appointment. Such selection made in 1985 was stated to be the subject matter of dispute in Civil Writ Petition No. 9780 of 1991.

(3.) Since eight posts of B-Class Tehsildars were advertised, two candidates were selected from reserved category of Scheduled Castes. The criterion for consideration was stated to by 'Seniority-cum-Merit' as well as reservation as per policy of the Government. This principal was referred to in the written statement filed by the state in previous writ petition No 4009 of 1986.