BALI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents (State of Haryana, Transport Commissioner and the General Manager., Haryana Roadways, Faridabad), to promote the petitioner w.e.f. 25.5.1995, the date on which the person junior to the petitioner in service was promoted.

(2.) The petitioner was appointed as a helper on regular basis on 2.6.1983. He was promoted as Assistant Electrician w.c.f. 1.4.1987. The petitioner has claimed to be working at present as electrician in the office of the General Manager, Haryana Roadways at Faridabad. However, the regular pay scale of electrician 950-1550 has not been given to the petitioner though he is a matriculate and is qualified electrician having passed the examination in the Industrial Training Institute, Faridabad. The petitioner had earlier moved the Labour Court, Faridabad, seeking equal pay for equal work and the Labour Court awarded a sum of Rs. 14525/- to the petitioner vide order dated 24.4.1989. Writ Petition No.2294 of 1991 was filed against the order of the Labour Court by the State Govt. That was dismissed in limine and thereafter special leave petition was too dismissed by the Supreme Court on 2.4.1992. The petitioner was given pay scale of Rs. 1200-2040 w.e.f. 1.4.1987 on the post of Assistant Electrician. Petitioner's grievance is that Ajit Singh who was junior to the petitioner has been promoted, vide order dated 25.5.95, as electrician and thereby the petitioner who was senior in service has been ignored. The seniority of Assistant Electricians was maintained depot wise and that way the petitioner was senior to Ajit Singh at Faridabad depot. The petitioner has claimed to have a good record and he belongs to the backward category. The petitioner was appointed on 2.6.1983, whereas Ajit Singh was appointed on 4.6.83. This is how the petitioner has claimed to be senior and entitled to promotion.

(3.) The respondents have defended the promotion order of Ajit Singh with the plea that the petitioner has already been promoted w.e.f. 1.4.1987 as Assistant Electrician vide order dated 6.4.1987. Ajit Singh belonged to the Scheduled Caste category and, therefore, got his promotion as electrician prior to the petitioner against a reserved post. Though Ajit Singh was junior to the petitioner but since he belonged to the Scheduled Caste category, he got early promotion against the roster point. There were 13 sanctioned posts of electricians out of which 9 posts had already been filled and the remaining four posts were filled by promotion. Three posts were filled out of general category candidates and one post was reserved for a Scheduled Caste candidate. Ajit Singh got his promotion being a Scheduled Caste candidate against the 4th vacant post. Respondents have, thus, asserted that the petitioner's right had not been infringed by promoting. Ajit Singh against a reserved vacancy. The petitioner belonged to backward class and could not, therefore, be promoted against a reserved vacancy till Ajit Singh belonging to Scheduled Caste category was available in service for the purposes of promotion. The petitioner was given pay scale of 1200-2040 keeping in view that he was a matriculate with I.T.I. certificate. This pay scale was given by the Govt. keeping in view its policy of granting higher scale to a qualified employee, but this alone would not make the petitioner entitled to claim promotion against Ajit Singh who stood promoted against reserved vacancy for Scheduled Caste.