RAMESHWAR DASS SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who belongs to general category was working as Statistical Officer in the year 1982. According to him he was senior to the 2nd respondent who belongs to Scheduled Caste category. He further averred that one post of Joint Director (Agriculture Statistics) fell vacant and the 2nd respondent was promoted to the post. The petitioner also averred that in civil writ petition 3882 of 1981 this Court held by its judgment dated 25.5.1982 that for working out the percentage the promotees/appointees in the cadre-whether on the basis of reservation or otherwise have to be taken notice of and that any promotions of the members of the Scheduled Caste and Backward Classes made beyond the prescribed limit on the basis of instructions of the Government are void and non est. Accordingly this Court directed the authorities to consider the case of the petitioner in that case for promotion in the light of the observations made by the Lordships. The Government also clarified this position in their letter dated 27.7.1982 that the reservation for members of the Scheduled Caste is to be made on the basis of overall cadre strength of the posts and not on the basic of points reserved in the roster. The petitioner submitted a representation dated 11.8.1982 praying that he be promoted as Joint Director of Agriculture by reverting the 2nd respondent but the authorities did not take any action on the said representation. Therefore, the petitioner who is senior to the 2nd respondent filed this writ petition to consider his case for promotion to the post of Joint Director in place of the 2nd respondent.

(2.) I need not to go into the several contentions raised on behalf of the parties in view of the latest decision of the Supreme Court in Ajit Singh Januja & ors. v. State of Punjab & ors., 1996 AIR(SC) 1189, wherein considering various authorities their Lordships of Supreme Court held as follows:-

(3.) With the above observations, the writ petition is disposed of.