They further claimed thatthoughthe reservedcandidates has got promotion to the different posts earlier to them, the appellants still were entitledto be senior tothem for the purposeof promotion to ClassI posts.
As aconsequence, they were entitled tobe companysidered for promotion before companysideration of the reserved candidates includingH.S. Hira, the fifth respondent asRegistrar Education .
Present Honble Mr. Justice K. Ramaswamy Honble Mr. Justice S. Saghir Ahmad Honble Mr. Justice G.B. Pattanaik B. Rohtagi, Mrs. Aparna Rohtagi Jain, Advs.
for the appellants.
SantLal 91 16.8.71 6.11.78 4.11.87 8.2.90 Ajmer Singh 99 24.8.72 9.9.79 31.10.88 1.7.90 Inthe lowest cadre post,i.e., Clerks and Assistants, in theEducation Department, admittedly, the appellantwere senior to the respondent.
Prem Malhotra,Jasbir Malik and K.S. Chauhan, Advs.
for the Respondents.
Bud R.E. theseni as Supdt.
get Cla ority listClerk Offiass cer I of 1.1.95 Cla ss II APPELLANTS Jagdish 22 24.11.58 1.12.68 27.10.871.4.90 Lal Ram Dayal 28 22.2.61 1.12.68 16.1.89 9.8.91 Surinderjit 56 1.9.66 10.4.72 2.2.96 Kapil PRIVATERESPONDENTS Reserved Category candidates Ram Asra 48 31.1.66 22.9.71 26.5.82 4.9.87 H.S.Hira 64 18.4.67 31.5.73 27.10.83 27.5.88 2.2.96 promoted on ad hoc basis for a period of 4 months only and 31.5.96 on regular basis.
The following Judgment of the Court was delivered JU D G ME N T Ramaswamy, J. Leave granted Wehave heard learned companynsel on both sides.
October 27, 1987, January 16, 1989 and February2, 1996.
Equally, respondentNo.7 Ajmer Singh also was promotedearlier to Ram Dayal and Surinderjit Kapil on October 31, 1988.
Ram Asra,H.S. Hira, Sant Lal and Ajmer Singh,as Superintendents in Class III Service ofHaryana Government.
The appellant general candidates,viz.,
By operation thereof thereserved candidates became senior to the appellants in the respective cadres.
JagdishLal, Ram Dayal and Surinderjit Kapil, challenged thepromotion of the Scheduled Caste and Scheduled Tribe candidates for short, the reserved candidates , viz.,
This appeal by special leave arises fromthe Division Bench Judgmentof Punjab Haryana High Court, made on November 5, 1996 in C.W.P. No.8755/96.
While working as Deputy Superintendent,Ram Asra was promoted to the post of Superintendent on September 4,1987 H.S. Hirawas promoted as Superintendent on May 27, 1988 whilethe first appellant, JagdishLal was promoted on April 1,1990 and Ram Dayal, appellant No.2was promoted on August 9, 1991 SantLal, respondent No.6 was promoted on February 8, 1990, that is, prior to the promotion of Jagdish Lal as Superintendent.
of As As As As As numberinapptt.
1 and2 werepromoted respectively on May 26, 1982 and October 27 1983, while the appellantswere promoted on different dates, viz.,
Equally, Ajmer Singh, 7th respondent waspromoted as Superintendent on July1, 1990, that is, prior to the promotion of second appellant, Ram Dayal on August 9 1991.
While all of them were working as Superintendents, H.S.Hira was further promoted on ad hoc basisw.e.f.
February 2, 1996 for a period of 4 months and from May31, 1996 on regularbasis,in hisown right, as Registrar Education which post is number classified as Class I post.
Thoughthey were promotedon the basisof rule of reservation applying the 100 point roster maintained by the Government, they stolea marchover the appellants whowere being members of the same Class III Service.
On June 4, 1996, the appellants filed a writ petition claimingthat right from the post of Clerk upto the post of Superintendent,the Class III Service of the Education Department, they were senior to the reserved candidates.
Asstt.
Sixthrespondent, Sant Lal was promoted on November 4, 1987, that is, prior to the promotion of Surinderjit Kapil.
Respectiveappointments of theappellant and the respondents have beenreflected in the judgment ofthe High Court as under No Name SeniorityDt.
Supdt.
Butas Deputy Superintendents, Respondent Nos.
