Om Parkash Dhiman vs HPSEB and Another

Surjit Singh, J.—Petitioners in this case are Junior Engineers (Diploma Holders), working with HP State Electricity Board, Respondent No. 1 herein. There is a cadre of Assistant Engineers in the Board. It consists of 350 posts. In this cadre, 53 posts are required to be filled by promotion from amongst Diploma Holder Junior Engineers. Reservation is provided for SC and ST Junior Engineers, while considering them for promotion to the cadre of Assistant Engineers. Six posts, out of 53, meant for Diploma Holder Junior Engineers, are reserved for SC Junior Engineers and 7.5%, equivalent to four, for ST Junior Engineers.

All the six posts, reserved for Scheduled Caste Junior Engineers have been filled by promotion of the candidates of that category. However, posts meant for Scheduled Tribe Junior Engineers have remained unfilled, on account of non-availability of Junior Engineers of that category in the feeder cadre of Junior Engineers.

Petitioner''s case is that when Junior Engineers of Scheduled Tribe category are not available, posts reserved for them are required to be filled by promoting Junior Engineers of Scheduled Caste category, and similarly, if JEs of Scheduled Caste category are not available, but JEs of Scheduled Tribe category are available, posts reserved for Schedule Caste Junior Engineers can be filled by appointing Scheduled Tribe Juniors Engineers.

Respondents have stated, in their reply, that posts reserved for Scheduled Tribe Juniors Engineers have been carried forward, in accordance with the instructions, issued vide office memorandum, Annexure R8.

I have heard learned Counsel for the parties and gone through the record.

Learned Counsel, representing the Respondents, has not been able to point out anything in Annexure R-8, suggesting, leave alone clearly providing, that posts reserved for SC and ST candidates are not interchangeable, in case candidates of one category are not available, but the candidates of other category are available.

On the other hand, learned Counsel for the Petitioner has drawn my attention to government''s instructions contained in Para 20.14.4 at page 308 of Hand Book on Personnel Matters, Volume-II (Second Edition), published by Government of Himachal Pradesh, Department of Personnel. Sub para (2) of this para reads as follows:

(2) In case of promotions to posts filled on selection basis from Class III to Class II, within Class II and from Class II to the lowest rung in Class I, no carry forward of reservation will take place, but exchange of vacancies between Scheduled Castes and Scheduled Tribes can be permitted in the year in which the vacancy arises.

A bare reading of the above quoted sub para (2) of Para 20.14.4 makes it clear that posts reserved for Scheduled Castes and Scheduled Tribes are interchangeable, in case candidates of one category are not available, but the candidates of the other category are there.

In view of the above stated position, writ petition is disposed of with a direction to the Respondents that the posts meant for Scheduled Tribe Junior Engineers be filled from amongst Scheduled Caste Junior Engineers, in case Scheduled Tribe Junior Engineers are still not available for appointment, by promotion, against posts reserved for Scheduled Tribe Junior Engineers. DPC shall be conducted within three months of the passing of this order.

Petition stands disposed of.