JAGRUP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is a member of the Scheduled Castes, is working as an Accountant in the Government Quality Marking Centre, Faridabad. He prays that the order dated April 1, 1986 by which respondent No.4 was promoted to the post of Deputy Superintendent al the District Industries Centre, Ambala, be quashed. A few facts may be noticed.

(2.) The petitioner joined service on December 17, 1976 in the Quality Marking Centre. In July, 1991, the Director of Industries circulated a letter to the various Field Officers intimating that two posts of Deputy Superintendents had been earmarked for candidates belonging to the category of Scheduled Castes. The officers were asked to recommend the names of persons working as Assistants/Accountants/Senior Scale Stenographers for promotion to the two posts of Deputy Superintendents. The petitioner's name was forwarded and duly considered. However, he was not promoted. A similar circular was also issued on July 28,1983. However, even this time, it was felt that the petitioner needed more experience and he was not promoted. Inspite of the fact that the petitioner's name had been recommended on two occasions, he was not promoted. In April, 1986, respondent No.4 alongwith two other persons was promoted as a Deputy Superintendent in one of the District Industries Centres. The petitioner impugns this order on the ground that it is arbitrary, illegal and violative of Articles 14 and 16 of the Conslitution.

(3.) The respondents controvert the petitioner's claim. It is pointed out on their behalf that the promotions have to be made in accordance with the "proposed rules - Haryana Industries Department State Service Class III Rules, 1985 (Field)." In accordance with these rules, the posts in the District Industries Centres and Quality Marking Centres constitute two separate cadres. Separate seniority lists are maintained. Persons working in the District Industries Centres are considered against the posts in their cadre while those working in the Quality Marking Centres are considered separately within their cadre. Since the posts of Deputy Superintendents against which respondent Nos. 4 and two other persons have been promoted are borne on the cadre of District Industries Centres, the petitioner had no right to be considered. The other allegations made by the petitioner have also been controverted. The petitioner has not filed any replication to controvert the stand taken on behalf of the respondents.