B.S.KAUSHAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant, who belongs to a Scheduled Caste, is a graduate in engineering and was appointed as Assist. Engineer in the Public Works Department of the Government of Himachal Pradesh in the year, 1978 vide Annexure P -l. The next promotional post for Assistant Engineer is that of*Executive Engineer* the requisite qualifications for such promotion being 8 years service as Assistant Engineer in addition to the passing of the departmental examination. On 21st July, 1984, Assistant Engineers were promoted to the cadre of Executive Engineers on adhoc basis for a period of six months in the first instance vide notification of that date Annexure P -3. It appears that the said appointments are still continuing on adhoc basis.

(2.) According to the policy relating to reservation of posts for Sche duled Castes and Tribes, two of the posts against which the appointments aforesaid were made were reserved for Scheduled Castes. However, only one Scheduled Caste candidate was eligible for promotion to the rank of Executive Engineer and was promoted as such The second post meant for a Scheduled Caste candidate was filled up from the general category, as no Scheduled Caste Assistant Engineer with the requisite experience was available.

(3.) Admittedly, the applicant was the senior most Scheduled Caste Assistant Engineer, next to the one promoted as Executive Engineer on 21st July. 1987. But he could not be promoted against the vacancy reserved for Scheduled Caste because he had not yet completed the prescribed minimum service of 8 years as Assistant Engineer. The applicant is aggrieved on this count, and prays that the respondents be directed to promote him with effect from 21 -7 -1984, the date on which 11 other officers referred to above were promoted vide Annexure P -3, with all consequential (benefits.)