1 to companysider his case for promotion to the post of Superintendent on the basis of his being seniormost Deputy Superintendent according to the companytinuous length of service on that post and to promote him to the post of Superintendent with effect from the date his juniors have been promoted and for other companysequential reliefs.
In the said order of appointment the following numbere was appended The earlier promotion of the above officials as Deputy Superintendent will number companyfer upon them any right to claim seniority over those who may otherwise be senior to them due to any reason whatsoever.
On January 12, 1977 the respondent Nos.
An affidavit was filed on behalf of Respondent No.
The appellant was promoted on September 1973 as Deputy Superintendent the respondent No.2, Rajinder Singh Marya was also promoted by the same order as Deputy Superintendent.
On April 27, 1972 a circular was issued by the Chief Secretary Government of Haryana to all its departments regarding reservation for members of Scheduled Castes and Scheduled Tribes in service and fixation of seniority Paragraphs 2 and 4 of the said circular which are relevant are quoted hereinbelow PG NO 706 It has to be pointed out that this was irregular and inter se seniority of all the candidates taken together i.e. whether appointed against reserved vacancies or against open ones must be fixed according to the companybined merit list and number otherwise.
From the Judgment and Order dated 15.2.1984 of the Punjab and Haryana High Court in L.P.A. No.
M. Tarkunde, Miss Meenakshi Arora, R.N. Karanjawala and Mrs. Manik Karan jawala for the Appellant.
In February, in and Punjab State Electricity Board was companystituted under Section 3 of the Electricity Supply Act, 1948 and the employees of the Electricity Branch were transferred to the Board.
The appellant was promoted to the post of Deputy Superintendent against a post which was reserved for the Scheduled Castes, though he was far junior in the cadre of Assistants.
Aggrieved by this, the appellant instituted an application under Article 226 of the Constitution of India in the High Court of Punjab and Haryana praying for a writ of mandamus directing the respondent No.
The terms and companyditions of his service were governed by the Punjab P.W.D. Electricity Branch Provincial Service Class 111 Subordinate posts Rules, 1952.
CIVIL APPELLATE JURISDICTION APPeal NO 4454 of 1985.
Thereafter, on January 20, 1977 the appellant was finally informed that his seniority will number be companyputed from the date of his promotion to the post of Deputy Superintendent.
The companyditions of service of the employees were governed by their existing terms and companyditions as well as existing service Rules.
PG NO 705 The Judgment of the Court was delivered by RAY, J. The only question that arises for decision in this appeal is whether an employee promoted to a post reserved for Scheduled Castes and Scheduled Tribes is entitled to have his seniority determined from the date of his appointment to the post or his seniority inter se will be reckoned as it was in the class or grade from which he was promoted to a post in a higher rank.
K Jain, A.D. Sanger, Ajay K. Jain, Pramod Dayal, B.R. Appeal, P.G. Gokhale, Janendra Lal and Miss Yashmin Tarapore for the Respondents.
In 1967 the Haryana State Electricity Board was companystituted and the appellant was allocated to the Haryana State Electricity Board with existing terms and companyditions of service.
Vacancies assigned to Scheduled Castes Backward Classes under block system are so assigned for the purposes of reservation only and are number intended for fixing inter se seniority of the candidates companytrary to their order in the companybined merit list prepared by the Public Service Commission Subordinate Service Selection Board.
2 and 3 i.e. Rajinder Singh Marya and Jagdish Lal Lamba who were junior to the appellant as Deputy Superintendents, were promoted as Superintendents superseding the claim of the appellant.
The Haryana State Electricity Board adopted the above circular by its Resolution dated March 1976 providing for reservation of posts both for initial requirement as well as for promotion.
The appellant, who is a Scheduled Caste joined service as a Clerk in the Electricity Branch of the Punjab Public Works Department on February 20, 1954.
The Board being a statutory companyporation was requested by letter dated December 13, 1972 by the Government to provide for reservation of 22 of vacancies initial recruitment and promotion posts for being filled up by members of the Scheduled Castes and Scheduled Tribes as well as by members of backward classes.
224 of 1984.
