(1.) Claiming to be senior than respondents 3 & 4, the petitioner has prayed for issuance of appropriate direction against respondents 1 & 2 directing them to consider him for promotion to the post of Superintendent Grade-II in the General category. The petitioner appears to have been denied his promotion on the basis of judgment of this Court dated May 25, 1982 rendered in C.W.P. No. 3882 of 1981 entitled Joginder Singh Sethi and others versus State of Punjab and others, 1982 2 SLR 307 wherein it was held as under:-
(2.) It is not disputed that the petitioner who is admittedly senior than respondents 3 and 4 was not considered for promotion under the General Category on the ground that he belonged to reserved category. It is pointed out that this Court is a Full Bench judgment in case Jaswant Singh and others versus Secretary to Government Punjab Education Department and others, 1989 4 SLR 257 has already taken a contrary view. Thereafter, two Division Benches of this Court in C.W.P. No. 6310 of 1993 and C.W.P. No. 6759-A of 1992 have already held that promotion to a scheduled caste employee cannot be declined on the ground that no vacancy for scheduled caste existed and that he could not be considered in tb.e general category. In C.W.P. No. 6310 of 1993, a direction was issued to the effect, "that the petitioner shall be considered for promotion to the post of Deputy Economic and Statistical Advisor in accordance with the relevant rules and instructions on the basis of his seniority alongwith others. The petitioner shall not be left out of consideration solely on the ground of belonging to the Scheduled Caste." Similarly while deciding C.WP. No. 6759-A of 1992, it was directed "that the petitioners alongwith other eligible candidates should be considered for promotion on the basis of seniority-cum-merit. This direction is necessary because promotions have yet to take place and it would be seen by the concerned Authorities at the time of promotion as to how many officers are senior to the petitioner and whether they are entitled to be promoted on the basis of seniority-cum-merit. In other words, it will be for the authorities concerned to see the entitlement of one person or the other for promotion to the post of Additional Registrar. It is made clear at this stage that the petitioner or other person belong to scheduled castes category would not be declined promotion on the ground that no vacancy for scheduled caste is available and that the quota belonging to that category stands exhausted."
(3.) Learned counsel for the petitioner has been fair to concede that he does not press the prayers for quashing the promotion of respondents No. 3 and 4 at this stage.