BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner joined the Punjab Vidhan Sabha Secretariat as a Clerk in 1952. He was promoted as an Assistant in 1958 and thereafter appointed to the post of Deputy Superintendent on December 23, 1970.

(2.) SHRI Gurbachan Chand respondent No. 4 is the member of a scheduled caste. He was appointed as a Clerk in the said secretariat in July, 1966, and was promoted as an Assistant in November, 1966. On January 5. 1971, Shri Didar Singh Bedi, Deputy Superintendent proceeded on earned leave for 32 days and in the resultant leave vacancy Shri Gurbachan Chand respondent No. 4 was promoted as Deputy Superintendent on ad hoc basis. The note appended to the order of promotion dated January 14, 1971, An-nexure 'a', shows that respondent No. 4 had been appointed out of turn against the post reserved for the members of the scheduled castes. On the return from leave of Shri Didar Singh Bedi, respondent No. 4 Shri Gurbachan Chand was again reverted to the post of an Assistant.

(3.) THE petitioner was promoted to the post of Superintendent in November, 1972, in a leave vacancy. The post of Deputy Superintendent, which the petitioner had vacated on account of his temporary promotion, was filled in by promoting Shri Gurbachan Chand respondent No. 4. It so happened that the post of Superintendent continued to exist till September 15, 1973 (with a short break of about one week ). The petitioner continued to hold this post and respondent No. 4 continued to hold the post of Deputy Superintendent. When the regular incumbent of the office of Superintendent reported for duty, the petitioner was reverted to the po. st of Deputy Superintendent and respondent No. 4 was reverted to his substantive post of an Assistant.