SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court with a grievance that the quota, as prescribed under Rule 7 of the Punjab Jails Department State Service (Class -III -Executive) Rules, 1963 (hereinafter referred to as '1963 Rules'), has not been adhered to while making promotion to the post of Sub -Assistant Superintendent, Jail.

(2.) COUNSEL for the petitioner contends that as per the said Rules and the method prescribed therein, specific quota has been provided for the category of Jail Warders, Assistant Probation Officers, Head Warders, Warders and Clerks/Warders. As per the said Rules, 50% of the posts are to be filled up from Assistant Probation Officers, Head Warders and Warders, 25% through Clerks and the remaining 25% from Clerks/Warders, who have combined experience for a minimum period of five years in the clerical and Warders line including not less than two years in the Warders line. Petitioner, who belongs to the clerical cadre, asserts that the requisite quota has not been granted to the Clerks, because of which, the petitioner has not been promoted although he was eligible for promotion since the year 2004 and all the promotions, which have been made to the rank of Sub -Assistant Superintendent, Jail of 19.02.2004, were from the cadre of Head Warders without taking into consideration the quota of the other categories. He contends that although the petitioner has been promoted to the post of Sub - Assistant Superintendent, Jail vide order dated 04.11.2008 (Annexure P -2) but he being eligible and there being a quota available, he should have been promoted along with the other Head Warders in the year 2004. Prayer has thus, been made for directing the respondents to promote the petitioner w.e.f. 19.02.2004, the date on which promotions to the post of Sub -Assistant Superintendent, Jail were made by the respondents.

(3.) I have considered the submissions made by the counsel for the parties and with their assistance, have gone through the records of the case.