Jagat Ram, Assistant in the Office of Director, Information and Public Relations Department vs State of Punjab and Others

Amarjeet Chaudhary, J.—The petitioner an Assistant in the office of the Director, Information and Public Relations Department, Punjab has filed the present writ petition for issuance of a writ of Mandamus directing the respondents Nos. 1 and 2 to revert respondents Nos. 3 and 4 from the post of Superintendent Grade-III to that of Assistant as their promotions have been made against the reserved vacancy meant for the Scheduled Castes.

The case of the petitioner is that one post of Superintendent Grade-III fell vacant in the office of the Director, Information and Public Relations Department. Punjab, Chandigarh from 1-4-1986 after the promotion of Shri Prithvi Chand from the post of Superintendent Grade-III to the post of Public Relations Officer. The petitioner was working in the Field Section and was a senior most Scheduled Caste Assistant with good service record and as such was entitled to be appointed according to the roster at point 16, the post reserved for Scheduled Caste. But instead of promoting him, be was posted as incharge of the Budget section in the capacity of Assistant. The petitioner filed representations requesting the respondents to promote him as Superintendent Grade-III but no decision on his representations was taken. On the other hand, the respondents promoted Karar Singh and Jaswant Singh who belonged to general category as Superintendent Grade-III against the reserved post meant for Scheduled Castes, without considering the claim of the petitioner. The petitioner seeks promotion to the said post on the basis of his being a Scheduled Caste.

The respondents have contested the claim of the petitioner and urged that promotions have been made as per the roster. The post of Superintendent Grade-III was to be given to the candidates of general category and not to the members of Scheduled Castes. Out of cadre strength of three posts of Superintended Grade III, if one post had given to a member of Scheduled Castes, it would mean 33-1/2% representation to the reserved category whereas Government provides 20% reservation in such case.

Short question for determination of the case is, whether the reservation policy to the cadre of Superintendent Grade-III shall be applicable in respect of the Scheduled Castes category, particularly, when their quota is reserved to the extent of 20%. At the outset, it will be worth while to observe that it is a well settled principle that reservation policy does not apply only to single post cadres and where the reservation exceeds 50%. In all other cases, reservation has to be granted in accordance with the running roster and the vacancies have to be filled in pointwise. There may be another situation when only one vacancy occurs in a particular year against reserved quota at roster point No. 1. In that eventuality, said vacancy has to be treated as un-reserved and to be carried forward to subsequent recruitment year and is to be filled in from the Scheduled Castes category, irrespective of the fact, whether there is only one vacancy in the said subsequent year.

During the course of arguments, learned counsel for the parties have relied upon Miss Chander Mohini v. State of Punjab 1982 (3) S. L. R. 621. It was a case where 100% of total 873 vacancies were reserved in a particular year in order to clear the backlog, and as such the action of the State Government was struck down. In Joginder Singh v, Punjab Government 1983 (1) S. L. R. 442, it was held that for working out percentage of reserved categories, promotees/appointees on the basis of reservation or otherwise have to be taken notice of and promotion of members of Scheduled Castes and Backward Classes beyond the prescribed limit are void. In Jaswant Singh v. Secretary to Government, Punjab 1989 (2) R. S J 425, the Full Bench has held that Scheduled Caste candidates are entitled to compete on merit if it is direct recruitment and are also entitled to be promoted according to seniority and merit if eligible even against non-reserved posts. Reservation does not mean that in the maximum number of posts that can be held by Scheduled Caste candidates in that particular cadre. They are the reserved paints which Scheduled Caste candidate alone can contest. Reservation applies not only to initial appointment but includes the entire service and promotion of such employees till retirement. Reservation is a right conferred on individual under Article 16(1)(2) and not dependent upon some body else already there. It is a right of the individual himself. In Chakradhar Paswan Vs. State of Bihar and Ors, , it was held by the Supreme Court that reservation of posts by applying the roster can be made only where there are more than one post. Reservation of the only existing post would amount to 100% reservation and violative of Article 16 (1) & (4) of the Constitution of India. In Arati Rai Choudhary v. Union of India 1974 (1) S.L.R. 659, it was held by the Supreme Court that percentage of vacancies reserved for the Scheduled Castes with stipulation that if there was a single vacancy that would be treated as un-reserved and carried forward to subsequent recruitment. The reservation carried forward will be applicable even if subsequently there is only a single vacancy.

Keeping in view the legal position, as settled by various Courts, the answer to the point in controversy will be in the affirmative and the reservation policy will be applicable to the cadre consisting of three posts, irrespective of the fact, that quota of Scheduled Caste category is to the extent of 20%. Over all reservation will not exceed 50%.

In view of the reasons recorded above, the petitioner is eligible for promotion per roster point for the said category. This petition is disposed of in the terms stated above. However, there will be no orders as to costs.