LAJJA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 4044 of 1986 and 1370 of 1987 as a common question of law and fact is involved in these cases.

(2.) While terminating/retrenching the services of some employees on account of reduction of posts in the cadre, has the reservation for a particular category to be kept in view Is the question that has been raised by the petitioners in the present writ petitions. In other words, supposing the cadre strength of a particular service is of 200 posts and 20 per cent is the reservation for a particular category and all the posts are filled then the reserve category is entitled to hold 40 posts. Supposing the cadre is reduced to 100 posts, the question is as to whether the termination/retrenchment is to be done by the process of 'last come first go' i.e. the junior-most persons are to be retrenched/terminated or 20 per cent belonging to the reserve category have to be kept out of the 100 post that remain after reduction.

(3.) Briefly the facts of the case, as given in C.W.P. No. 4044 of 1986, are that the petitioner belongs to the category of Ex-servicemen (hereinafter referred to 'ESM'). He was appointed as a Forest Guard on July 6, 1985 against a reserved vacancy meant for ESM. Because of reduction of posts of Forest Guards, he was relieved from the service on July 25, 1986 as per his seniority. Haryana Government had issued instructions on February 9, 1979 that while making appointment by way of direct recruitment 20% posts would be reserved for ESM, though this percentage was reduced to 17 per cent later on vide instructions, dated December 17, 1980. The petitioner has given a break-up of the appointments to the posts of Forest Guard that were made between the period February 9, 1979 to December 16, 1980 and between December 17, 1980 to the date of termination of his services. Paragraph 7(B) of the amended writ petition is in the following terms :-