HARI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I am disposing of both the writ petitions bearing Nos. CWP No. 5747 of 1981 and CWP No. 5010 of 1983 as the relief claimed in CWP No. 5010 of 1983 includes the relief claimed by the petitioner in CWP No. 5747 of 1981.

(2.) Briefly stated, the facts of the case are that the petitioner belongs to Backward Class and admittedly when he joined the service in the year 1961, his community had already been declared as Backward Class. The point raised in CWP No. 5747 of 1981 was that as per instructions, dated 11th January, 1971 (Annexure P-4 in CWP No. 5010 of 1983) the petitioner being Backward Class was entitled to be considered against the post reserved for Backward Class at the roster point No. 15. It is not disputed that the benefit of reservation for Scheduled Castes and Backward Classes was abolished by the State Government in the year 1967 and after the decision taken by the State Government was set aside by the Hon'ble Supreme Court, revised instructions (Annexure P-4 in CWP No. 5010 of 1983) were issued by the State Government and in terms of these instructions, the benefit of reservation was restored.

(3.) Mr. Sharma, learned counsel appearing on behalf of the petitioner submits that the post at roster point No. 15 meant for backward class candidate fell vacant in August 1966 but this post was filled up by promoting Gurcharan Singh, a General Category candidate on 23rd August, 1966. He, therefore, contended that after the issue of instructions contained in Annexure P-4 attached with CWP No. 5010 of 1983, the petitioner was entitled to be considered for the post, which fell vacant on 23rd August, 1966. I, however, do not find any merit in this contention. In para 4 of the instructions dated 11th January, 1971 contained in Annexure P-4 to CWP No.5010 of 1983, it has clearly been stated that all cases of promotions made on or after the 19th September, 1967 in accordance with instructions circulated vide Punjab Government letter dated 19th September, 1967, should be reviewed and such Scheduled Castes, officials who were entitled to promotion as per instructions dated 12th September, 1963 but were denied their right to promotion as a result of impugned order of the Punjab and Haryana High Court (which was set aside by the Hon'ble Supreme Court) should be promoted and assigned seniority at the roster points. Admittedly, the petitioner is claiming his right against promotion which was made on 23rd August, 1966 (which is not on or after 19th September, 1967) and as such his case could not be reviewed. In view of this, the petitioner is not entitled to any relief.