SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuance of a writ of mandamus directing the respondents to grant the promotion to the petitioner to the post of Sub Inspector (English Branch) SC reserved category from the post of Assistant Sub Inspector alongwith all consequential benefits and arrears.

(2.) IT is the contention of the counsel for the petitioner that the petitioner was promoted to the post of Assistant Sub Inspector vide order dated 16.04.2010 with effect from 06.10.2008 whereas Sub Inspector Ram Kumar was promoted as an Assistant Sub Inspector on 16.04.2010 and, therefore, the petitioner, being senior to him in the feeder cadre, has to be treated as senior to Ram Kumar and promoted to the post of Sub Inspector instead of Ram Kumar who has been promoted as such on 01.08.2013. He, on this basis, contends that a direction be issued to the respondents to promote the petitioner from the said date.

(3.) A perusal of the above chart would show that Ram Kumar was senior to the petitioner till the stage of promotion to the post of Head Constable, it is only thereafter when promotion was granted to the post for the Assistant Sub Inspector, the petitioner, because of benefit of reservation policy, was promoted prior to Ram Kumar. Admittedly, Ram Kumar caught up with the petitioner in the cadre of Assistant Sub Inspector on his promotion on 16.04.2010 assuming the deemed date of promotion of petitioner as 06.10.2008 and thereafter, the petitioner would rate junior to him as per the judgment passed by Hon'ble Supreme Court in Ajit Singh Janjua and others Vs. State of Punjab and others, : JT 1999(7) SC 153. After the amendment of the Constitution, Government of Haryana issued instructions dated 16.03.2006, according to which, the protection of seniority on promotion was granted to SC category employee by giving them the benefit of reserved category. These instructions were quashed by this Court in CWP No. 17280 of 2011, titled as 'Prem Kumar Verma & others Vs. State of Haryana & others', decided on 07.08.2012. In compliance with the said judgment passed by this Court, the said judgment has been accepted by the Government of Haryana and instructions dated 20.02.2013 issued to this effect.