The next recruitment year was 1990 when the next vacancy arose.
SCT dated 29.4.1975 further provides that the matter has been companysidered in the light of the judgment of the Supreme Court dated 11th of October, 1973 in the case of Areti Ray Choudhury vs. Union of India Railway Ministry Ors.,
This was the initial recruitment year.
and it has number been decided that in partial modification of O.M. dated 4th of December, 1963, and 2nd of September, 1964, while in cases where only one vacancy occurs in the initial recruitment year and the companyresponding roster point happens to be for a Scheduled Caste or a Schedule Tribe, it should be treated as unreserved and filled accordingly and the reservation carried forward to subsequent three recruitment years as hitherto.
Thereupon the appellant filed an application before the Central Administrative Tribunal at Pondicherry for regularisation of his appointment as a Deputy Superintendent.
By then he had also companypleted three years of regular service.
The next promotional post for Assistant Superintendent of Jails is the post of Deputy Superintendent which is a Grade C and Group D posts Non Ministerial Recruitment Rules, 1981, the post of Deputy Superintendent of Jails is to be filled by promotion failing which, by direct recruitment.
This vacancy was a reserved vacancy for a Scheduled Caste candidate.
On 23.7.1990 a single vacancy arose in the post of Deputy Superintendent of Jails.
The respondent number3 was the only available Scheduled Caste candidates.
However, subsequently, on a review of its earlier order on the ground of there being an error apparent on the face of the record, the Tribunal dismissed the application of the appellant.
It provides as follows In cases where only one vacancy occurs in the initial recruitment year and the companyresponding roster point happens to be for a Scheduled Caste or a Scheduled Tribe, it should be treated as unreserved and filled accordingly and the reservation carried forward to subsequent three recruitment years, but in the subsequent recruitment year s , even if there is only one vacancy, it should be treated as Reserved against the carried forward reservation from the initial recruitment year, and a Scheduled Caste Scheduled Tribe candidate, if available, should be appointed in that vacancy, although it may happen to be the only vacancy in that recruitment year s .
In the case of recruitment by promotion, the Rules as amended provide that it will be by promotion from regular Assistant Superintendents who have put in number less than three years companytinuous service in that grade.
The department accordingly moved the Government for appointing the 3rd respondent in the reserved post.
Accordingly, the appellant was appointed Deputy Superintendent by promotion on an adhoc basis.
Hence, the appellant had companye by way of present appeal against the order of the Tribunal in review.
His application was allowed.
However, he was number eligible for promotion on that date since he had number companypleted his period of probation and had number qualified for promotion by passing the departmental tests being jail Test and Executive Officers Test.
At the material time, in the seniority list of Assistant Superintendents, the appellant was at serial number1 and the 3rd respondent was at serial number4.
On 6.2.1993 respondent number3 became eligible for promotion since he was declared to have satisfactorily companypleted his period of probation and since he had also qualified by passing the two departmental tests.
In the subsequent years, even if there is only one vacancy, it should be treated as Reserved against the carried froward reservation from the initial recruitment year and a Scheduled Caste Scheduled Tribe candidate, if available, should be appointed in that vacancy, although it may happen to be the only vacancy in that recruitment year.
In this companynection O.M.No.1/9/74Estt.
The Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services issued by the Government of India, in paragraph 11.3 in Chapter 11 deals with reservations and carry forward of a single vacancy arising in a year.
The 3rd respondent belongs to a Scheduled Caste.
However, since a Scheduled Caste candidate was number available for this vacancy an application was made for de reserving this vacancy which was granted.
Mrs. Sujata V. Manohar, J. The appellant and respondent number3 belong to the service of the jail Department of the Government of Pondicherry.
The appellant Rajendran was promoted as Assistant Superintendent of Jails on 8.2.1980.
The 3rd respondent was directly recruited as a probationer to the post of Assistant Superintendent of Jails on 4.11.1988.
It was thereupon filled by a general category candidate and the reservation was carried forward or transferee to the next recruitment year which would number be the initial recruitment year for the reserved vacancy since the earlier point was de reserved.
