HARVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, Harvinder Kaur, seeks the issue of a writ of mandamus directing the official respondents to consider her case for promotion to the post of Senior Scale Stenographer w.ei. 30.4.1992, the date on which 5th respondent - Hari Kishen Lai Beri was promoted. The case of the petitioner is as follows.

(2.) The petitioner belongs to the Scheduled Caste community. She was appointed as Steno Typist on 29.11.1989 in the office of the Deputy Commissioner Ludhiana (fourth respondent). Up to the year 1976, there was only one post of Stenographer in the office of the fourth respondent against which Himat Singh was working. In the year 1977, another post of Stenographer came into existence with the appointment of Additional Dy. Commissioner. As per instructions dated 11.10.1974 issued by the State of Punjab, if in a cadre there are less than five posts, the first vacancy on the roster, though reserved for the members of the Scheduled Caste, will be treated as unreserved but, the second vacancy on the roster will be reserved for the members of the Scheduled Caste.

(3.) On 30.4.1992, the second post, which came into existence in the year 1977, fell vacant on the retirement of the incumbent holding the post and Hari Kishen Lal Beri (5th respondent), who belongs to the general category, was promoted as Senior Scale Stenographer. This promotion was illegal since the petitioner was only person belonging to the scheduled caste category among Steno typists working in the office of the Deputy Commissioner. The services of the petitioner are governed by Punjab District Service (Class III) Rules, 1976. Rule 9(d) of the said Rules provides for appointment to the post of Stenographer by selection from amongst Clerks and Steno typists of the respective cadres of the district concerned who qualified in a test in Shorthand and Typewriting as may be prescribed. The petitioner was fully eligible to be appointed as Stenographer. The post of Stenographer which fell vacant on 31.1.93 with the retirement of Himat Singh is still lying vacant. The case of the petitioner is covered by the instructions Annexure PI dated 11.10.74. On 11.11.1993, the Deputy Commissioner Ludhiana (4th respondent) sought advice from the Secretary to the Government, Punjab, Department of Administrative Reforms, regarding the promotion from Steno typist to Senior Scale Stenographer, vide Annexure P4. The Secretary, Social Welfare Department (Reservation Cell), vide his letter dated 25.4.1994, gave direction to the 4th respondent that the second vacancy be filled by promotion fromamong the eligible scheduled caste candidates. The advice given by the Social Welfare Department must be given effect to within three months as per instructions dated 6.1.1993 (Annexure P7). The petitioner made representations claiming promotion (Annexure P2, P3 and P4).