JAI SINGH PHARMACIST Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is a member of the Backward Class was appointed in the service of the Government of Haryana in Health Department with effect from 17.9.1971. He was granted Selection Grade in the cadre of Pharmacists with effect from 29.3.1985.

(2.) Claiming himself to be eligible for promotion to the post of Chief Pharmacist with a rider that being a member of the Backward Class he has preferential right to be considered for promotion against the roster point reserved for a member of the Backward Classes, the petitioner has filed this petition on 31.5.1995 and has prayed that the orders dated 23.1.1989 (Annexure P-7) and dated 23.12.1993 (Annexure P-11) be quashed and a direction be issued to the respondents to promote him as Chief Pharmacist with effect from 23.1.1989 and also to grant him all consequential benefits along with interest at the rate of 24% per annum.

(3.) A look at the averments made in the writ petition shows that as many as 26 posts of Chief Pharmacists were created on 18.2.1987. Against these posts, sixteen persons were promoted vide order dated 23.1.1989. Another person was promoted to the said post vide order dated 30.4.1989. The petitioner himself was promoted as Chief Pharmacist by way of stop-gap arrangement in the vacancy occurred because Shri Chander Singh who was senior to him amongst the Pharmacists belonging to Backward Classes had been facing some enquiry and proceedings were pending against the said Pharmacist. As soon as Shri Chander Singh was exonerated the competent authority issued order dated December 17, 1993 (Annexure P-11) and by invoking the condition contained in the order of the petitioner's promotion, the competent authority reverted the petitioner in order to make room for Shri Chander Singh. Thereafter, another order dated 3.1.1994 was issued promoting (sic) five Pharmacists as Chief Pharmacists.