RAUNAQ LAL ARORA Vs. PUNJAB SCHOOL EDUCATION BOARD

JUDGEMENT

(1.) Petitioners were working in the Panjab University before their allocation to Punjab School Education Board. The conditions of service of the petitioners were governed by the statutory regulations framed by the Panjab University. Punjab School Education Board (hereinafter referred to as the Board) while absorbing the petitioners in the service of the Board it was decided that conditions of service of the persons, who were to be brought from the Panjab University would be the same as are applicable to them in the Panjab University at the time of their leaving the Panjab University. Individual letters were also issued to the employees of the University who were allocated to the Board that their conditions of service would not be changed.

(2.) In the Panjab University, there is no provision of reservation in promotions for the Scheduled Castes and Backward Classes. The policy of reservation in promotions had not been made applicable to the employees there. That on 4.5.1975, the Board adopted the policy of the Panjab Government for reservation in promotion for Scheduled Castes and Backward Classes, copy of which has been attached as Annexure P-3. According to the instructions, 14% of the posts for promotion to or within class I & II categories have been reserved for the members of the Scheduled Castes and 2 per cent for the members belonging to the Backward Classes. Petitioners nave contended that there was no policy of reservation in promotions in Panjab University regulations for Scheduled Castes and Backward Classes when they joined the Board after getting relieved from the Panjab University and their conditions of service as per the decision taken at the time of transfer to Board could not be changed and, therefore, the adoption of the policy of reservation by the Board would amount to a change in the conditions of service and, thus bad in law. The appointment of respondents 2 and 3 in the cadre of Superintendents has been challenged on the ground that the petitioners are seniors as Assistants to them and, therefore, entitled to be promoted prior to them.

(3.) Detailed written statement has been filed by the Board. It has been pleaded that conditions of service have not been changed. The chance of promotion is not a condition of service and, therefore, the petitioners are not entitled to the writ prayed for. I have perused the writ petition as well as the written statement with the help of the counsel for respondent No. 2.