JOGINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Joginder Kaur and 26 others through present petition filed by them under Article 226 of the Constitution of India seek a writ in the nature of mandamus directing the respondents to make up the shortfall of vacancies for scheduled castes upto 10.2.1995 in the cadre of Superintendent Grade II/Superintendent Grade I by operating the running roster on vacancies and consequently give to the scheduled caste employees including the petitioners their due share in the running roster on vacancies in the light of the judgment of the Supreme Court in R.K. Sabharwal and others v. State of Punjab & Ors., 1995 2 SCT 646.

(2.) Brief facts on which aforesaid relief is sought to rest reveal that on 27th of April, 1982, the Government of Punjab vide circular letter conveyed its policy decision that the date of occurrence of vacancy shall be taken as the relevant date for determining eligibility for promotion to next higher post. From 1987 to 10th of February 1995 in the cadre of Superintendent Grade II which has strength of 20, 130 vacancies occurred. During this period, it is the case of the petitioners that not a single vacancy was given to the scheduled caste candidate on the basis of reservation or on seniority-cum- merit, even though 26 vacancies were required to be filled up from amongst the scheduled caste candidates on the basis of 20 per cent reservation. From May 1993 to 10th of February, 1995, 14 vacancies in the cadre of Superintendent Grade I occurred but no post was given to the reserved category. The cadre of Superintendent Grade I is of 130 posts. It is further the case of the petitioner that Supreme Court in R.K. Sabharwal's case held that the judgment in Joginder Singh Sethi's was not correct and the same was accordingly reversed. However, with regard to working of roster, it was held by the Supreme Court that the roster of reservation for scheduled castes has to be made applicable on the posts instead of vacancies. It was consequently directed that the working of the roster and findings with regard to that point shall be prospective i.e. 10th of February, 1995. It was further held by the Hon'ble Supreme Court in Sardul Singh v. State of Punjab, SLP No. 4017 of 1979 decided on 27th of November, 1995 that so far as vacancies subsequent to the decision in R.K. Sabharwal's case are concerned, the principle laid down in the said decision would be applicable in the case of earlier vacancies. On 22nd of March, 1996, Punjab Civil Secretariat Scheduled Castes Employees Welfare Association made a representation through its President requesting for making up the shortfall of vacancies for scheduled caste candidates upto 10.2.1995 by operating the running roster of vacancies. On 1st of April, 1996, without considering the representation and implementing the law laid down in R.K. Sabharwal's case , respondent No. 1 issued office order promoting general category candidates from the post of Superintendent Grade II working in the Punjab Civil Secretariat against the vacant posts of Superintendent Grade I. Identical but separate orders were also issued promoting the general category candidates to the post of Superintendent Grade II. It is in the wake of facts referred to above that the present writ for relief as indicated in the earlier part of the judgment has been filed.

(3.) In the written statement filed on behalf of respondent No. 1 it has, inter alia, been pleaded that the petitioners are working as Superintendent Grade II and Senior Assistants in the Punjab Civil Secretariat. In R.K. Sabharwal's case it has been held thus :-