In the light of this companyclusion of ours we hold that any promotions of the members of the scheduled Castes and Backward the basis of above numbered instructions of the Government are void and honest.
By yet another order, dated 29.1.1959 roster system was introduced for implementing the policy of reservation.
Several other similar writ petitions had also been filed on behalf of others which were heard together and were dismissed by the companymon impugned Judgment.
This reservation was to be provided by applying the roster system.
P.SINGH.J These appeals have been filed against the judgment of a Full Bench of the Punjab Haryana High Court dated 23.8.1989 dismissing three writ petitions C.W.P.No.2190/88, W.P.No 7860/87 and C.W.P.No.7861/87 filed on behalf of the appellants.
The petitioners in C.W.P.No.
By an Order dated 6.6.1974, the quota of reservation was increased to 25 for scheduled Castes and 5 for Backward Classes w.e.f.6.3.1974.
The operative part of the Judgment of the High Court is For working out this percentage the promotees appointees in this cadre whether on the basis of reservation or otherwise, have to be taken numberice.
However, by an order dated 23.8.1966, the State withdrew reservation for Class I and II posts but the reservation in respect of Class III and IV posts were increased to 20.
Civil Appeal Nos.3326 27 of 1982, which have been heard along with the present appeals is against the aforesaid judgment of the High Court in the case of Joginder Singh Sethi supra .
The reservation of 14 posts for Scheduled Castes was the substantive provision and the roster was a machinery provision.
By another order dated 19.8.1952, the percentage of 15 was increased to 19.
They were members of the cadre of Punjab Civil Secretariat.
By an order dated 14.1.1964 reservation was fixed in all classes of posts i.e. I, II, III and IV.
One such order was issued on 19.10.1949, making 15 reservation of posts in favour of Scheduled Castes to be filled up from amongst candidates who held minimum qualification for the posts.
The aforesaid Government Order dated 7.1.1980 was companysidered by the High Court in the case of Joginder Singh Sethi vs. Punjab Government, 1982 2 SLR 307 .
On 19.7.1968 a clarification was issued by the State Government saying that in direct recruitment the roster points shall be taken as seniority points for Scheduled Castes.
The petitioners in C.W.P.No.7860 of 1987 were working on the posts of Under Secretaries Superintendent Grade I, in the Punjab Civil Secretariat, Chandigarh, and were members of the cadre of Punjab Civil Secretariat.
This was number only prejudicial but detrimental to the right of the petitioners for being companysidered for promotion to higher grade.
On 7.1.1980 the State issued an order, the relevant part whereof says it is made clear that those scheduled castes Backward classes employees who get appointed promoted against reserve points on the basis of their merit seniority should number be companynted for the purpose of reservation but that reserve point should be carried over to the next point on the roster and filled by a candidate employee belong to Scheduled Castes Backward Classes so that the deficiency of representation in service is made up.
7861 of 1987 were working against the posts of Deputy Secretaries Under Secretaries in the Punjab Civil Secretariat and were members of State Service Class I. The primary grievance made in all these writ petitions on behalf of the different petitioners, was that the policy for reservation in respect of candidates belonging to Scheduled Castes and Backward Classes, was being implemented by the State Government in a manner, because of which the members belonging to the Scheduled Castes and Backward Classes were holding posts in excess to their reservation quota.
The State has been issuing from time to time Government Orders in respect of reservations for members of Scheduled Castes and Backward Classes.
The petitioners in C.W.P. No.
2190 of 1988 were working on the posts of Superintendent Grade I, Superintendent Grade II and Assistant, in Punjab Civil Secretariat, Chandigarh.
By an order dated 4.5.1974, reservation was reimposed even in respect of Class I and II posts and it was fixed at 16 14 for Scheduled Castes and 2 for Backward Classes .
