DHARAM PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The case of the applicant in this original application is that he belongs to reserved category of Sch. Caste and has been serving as Law Officer (Proof reading) since April 27, 1989. He after completion of three years regular service as a Law Officer in the pay scale of Rs. 7220 -11600. That according to Recruitment & Promotion Rules the other category of Law Officer (Hindi) with three years regular service also fall in the feeder category and the promotion is to be made from the combined seniority list of eligible officers. There are only three posts Senior Law Officers. One post of Senior Law Officer earlier held by one Shgri Kishan Chand Verma who belonged to Sch. Tribe category, fell vacant on August 31,2000 onretirement of Shri Verma. The two other posts of Senior Law Officers are held by general category officers and as such the post now available on retirement of Shri Verma, should go to the applicant as he belongs to Sch. Caste category. The applicant made representation to respondent No. 1 to consider him for the said post but there is no response. This original application has been filed with the prayer that respondents maybe directed to fill up. the post of Senior Law Officer by promoting a Sch. Caste Officer.

(2.) During the pendency of this original application one Shri Jeet Singh who is also a Law Officer was impleaded as respondent No.2, on his request. Respondent No.2 has not filed a separate reply but has adopted the reply filed by respondent No. 1.

(3.) Respondent No.1 in his reply has opposed this original application mainly on the ground that the cadre strength of Senior Law Officers is only three and two posts are already filled up. The 3rd post has to be filled up in accordance with the 13 point roster and the applicant would also be considered in accordance with this roster, if he is found fit and falls under the instructions regarding the 13 point roster. The allegation that no officer from Sch. Caste category has been promoted to the post of Senior Law Officer during the last 10 years, has been denied. It has been submitted that one Shri Sita Ram Dhaleta was promoted to the post of Senior law Officer and he belonged to Sch. Caste category. After his appointment as Assistant Legislative Counsel in the Govt. of India on March 16, 1990 one Shri Kishan chand Verma belonging to sch. Tribe category was promoted as Senior Law Officer. It has been submitted that two officers belonging to such: Caste and other from Sch. Tribe, have been promoted to the post of Senior Law Officer in a small cadre of three officers. It has further been pleaded that original application may be dismissed being without merit