As a companysequence, they were entitled to be companysidered for promotion before companysideration of the reserved candidates including H.S. Hira, the fifth respondent as Registrar Education .
While working as Deputy Superintendent, Ram Asra was promoted to the post of Superintendent on September 4, 1987 H.S. Hira was promoted as Superintendent on May 27, 1988 while the first appellant, Jagdish Lal was promoted on April 1, 1990 and Ram Dayal, appellant No.2 was promoted on August 9, 1991 Sant Lal, respondent No.6 was promoted on February 8, 1990, that is, prior to the promotion of Jagdish Lal as Superintendent.
While all of them were working as Superintendents, H.S. Hira was further promoted on ad hoc basis w.e.f.
Equally, respondent No.7 Ajmer Singh also was promoted earlier to Ram Dayal and Surinderjit Kapil on October 31, 1988.
Sixth respondent, Sant Lal was promoted on November 4, 1987, that is, prior to the promotion of Surinderjit Kapil.
Jagdish Lal, Ram Dayal and Surinderjit Kapil, challenged the promotion of the Scheduled Caste and Scheduled Tribe candidates for short, the reserved candidates , viz.,
On June 4, 1996, the appellants filed a writ petition claiming that 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.
of As As As As As number in apptt.
They further claimed that though the reserved candidates has got promotion to the different posts earlier to them, the appellants still were entitled to be senior to them for the purpose of promotion to Class I posts.
The appellant general candidates, viz.,
February 2, 1996 for a period of 4 months and from May 31, 1996 on regular basis, in his own right, as Registrar Education which post is number classified as Class I post.
Though they were promoted on the basis of rule of reservation applying the 100 point roster maintained by the Government, they stole a march over the appellants who were being members of the same Class III Service.
This appeal by special leave arises from the Division Bench Judgment of Punjab Haryana High Court, made on November 5, 1996 in C.W.P. No.8755/96.
Equally, Ajmer Singh, 7th respondent was promoted as Superintendent on July 1, 1990, that is, prior to the promotion of second appellant, Ram Dayal on August 9 1991.
Respective appointments of the appellant and the respondents have been reflected in the judgment of the High Court as under No Name Seniority Dt.
Bud R.E. the seni as Supdt.
get Cla ority list Clerk Offi ass cer I of 1.1.95 Cla ss II APPELLANTS Jagdish 22 24.11.58 1.12.68 27.10.87 1.4.90 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 PRIVATE RESPONDENTS 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.
Prem Malhotra, Jasbir Malik and K.S. Chauhan, Advs.
But as Deputy Superintendents, Respondent Nos.
Sant Lal 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 In the lowest cadre post, i.e., Clerks and Assistants, in the Education Department, admittedly, the appellant were senior to the respondent.
1 and 2 were promoted respectively on May 26, 1982 and October 27 1983, while the appellants were promoted on different dates, viz.,
Asstt.
for the Respondents.
October 27, 1987, January 16, 1989 and February 2, 1996.
for the appellants.
The following Judgment of the Court was delivered Ramaswamy, J. Leave granted We have heard learned companynsel on both sides.
Ram Asra, H.S. Hira, Sant Lal and Ajmer Singh, as Superintendents in Class III Service of Haryana Government.
