PRITHPAL SINGH Vs. STATE OF PUNJAB & OTHER

JUDGEMENT

(1.) The dispute in the present petition relates to inter se seniority between the members of the service particularly those belonging to the General and reserved category of Scheduled Caste, both at the time of final recruitment and in promotions.

(2.) The petitioner and private respondent are members of the Gazetted Engineering Service of the State of Punjab. Petitioner was recruited as Sub Divisional Engineer by direct recruitment on 1.6.1976. He was promoted as Executive Engineer on 30.12.1996 and as Superintending Engineer on 29.12.2005. The private respondent No. 2 was appointed as Sub Divisional in the year 1978, respondent Nos. 3, 5 and 6 were appointed in the year 1982 and respondent No. 4 was appointed in the year 1983. The petitioner belongs to General Category, whereas all the private respondents are from reserved category of Scheduled Caste. On the basis of the year of recruitment, petitioner was ranked senior than respondent Nos. 2 to 6 having been recruited in the year 1978 as against the appointment of respondent Nos. 2 to 6. Even though the petitioner ranked senior as Sub Divisional Engineer, respondent Nos. 2 to 6 got accelerated promotions on the basis of roster points meant for the member of the Scheduled Caste. The private respondents were promoted as Executive Engineer in the year 1982 and as Superintending Engineer in the year 2001, whereas the petitioner was promoted as Executive Engineer in the year 1996 and superintending Engineer in the year 2005. In the year 2001 Articles 16(4-A) of the Constitution of India was amended by the 85th Constitution Amendment to enable the State to make provision for consequential seniority to any class or classes of the posts in the services in favour of Schedule Castes and Scheduled Tribes on the basis of the roster promotions. This amendment is under challenge before the Hon'ble Supreme Court in case of M. Nagraj and another v. Union of India and others, During the pendency of the aforesaid writ petition before the Hon'ble Supreme Court an inter-locutory order came ot be passed allowing the States to grant consequential seniority on roster promotion till the matter is finally decided by the Hon'ble Apex Court. Based upon the interim order passed by the Hon'ble Apex Court on 17.11.2005 the State of Punjab issued executive instruction dated 15.12.2005 (Annexure P-3). Under these executive instructions the consequential seniority on roster promotion was ordered prospectively w.e.f. 17.11.2005 in the following manner :- "2. After careful consideration of the matter and also keeping in view the interim orders of the Hon'ble Supreme Court and the present status of the case pending in the Apex Court, it has been decided that Scheduled Caste employees promoted to any classes of posts under the reservation policy, will be prospectively entitled to "Consequential Seniority" on the post to which they are promoted.

(3.) These instruction shall come into force w.e.f. 17th November, 2005 and shall be applicable to the posts falling vacant in future in all cadres. They are also subject to the final decision of the Hon'ble Apex Court in IA No. in writ petition (Civil) No. 61/2002-M. Nagraj & others v. Union of India and others and writ petition (Civil) No. 234/2002 - All India Equality Forum and others v. Union if India and others and other allied cases."