DHANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) The plaintiff filed a suit for declaration to the effect that the impugned order dated 14.1.1988 is wrong, illegal, arbitrary or against the reservation quota policy and directions of the Hon'ble High Court. As per averments made in the plaint, the plaintiff was initially pointed as a Clerk in the Industrial Training Department on 2.3.1984. He is a member of the Scheduled Castes community and so is entitled to the benefit of reservation. Channel of promotion of the plaintiff from the post of Clerk is that of Accountant and then Assistant. It is further the case of the plaintiff that though he fulfilled all the conditions of promotion, yet he was ignored from promotion vie order dated 14.1.1988 whereby only one scheduled caste person was promoted, whereas three persons under the reservation quota were required to be promoted. Defendants in the written statement took preliminary objection that the suit is bad for non-joinder of necessary parties and that the plaintiff had got no cause of action to file the present suit. The jurisdiction of the Court was also challenged. The channel of promotion as stated by the plaintiff was accepted to be true. As regards ignoring the claim of the plaintiff to the post of Accountant, it was stated that out of 22 posts of Accountants four posts were filled by promotion from members of the Scheduled Castes as per Government instructions dated 22.8.1985. Since the prescribed percentage of a particular community has already been reached, plaintiff has no case at all and suit is liable to be dismissed.

(3.) On the pleadings of the parties, following issues were framed :-