Dismissed
Kashmira Singh v. State of Punjab
Punjab & Haryana HCCWP/11678/1992
Case brief
from the order text
What is this about?
of 1992 -:1:- IN THE HIGH COURT OF PUNJAB…
What the court decided
AI extract
of 1992 -:1:- IN THE HIGH COURT OF PUNJAB…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P. No.11678 of 1992
-:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.11678 of 1992. Date of decision : 4th July, 2013.
Kashmira Singh
...... Petitioner
Versus
The State of Punjab & Ors.
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. Vijay Pal, Adv. for petitioner.
Mr. I.P. Goyat, Addl. A.G. Punjab.
AJAY TEWARI, J. (Oral)
By this petition the petitioner has claimed promotion as SubDivisional Engineer from the Junior Engineer quota and his right as reserved category candidate.
Brief facts are that the petitioner was working as Junior Engineer. As per the Punjab Service of Engineers Class-II, PWD (Public Health) Rules, 1967, the next channel of promotion from the post of Sectional Engineer (Junior Engineer) is to the post of Assistant Engineer / Sub Divisional Engineer. There were total 14 posts of Sub-Divisional Engineers / Assistant Engineers and out of these posts, twelve were in the
C.W.P. No.11678 of 1992 -:2:-
Department and two were in the Water Supply & Sewerage Board Department. Against these posts three vacancies were given to Sh. Tehal Singh, S.D.E; Sh. Rattan Chand Mahi & Sh. Sawinder Singh as Scheduled Caste / Backward Class category candidates. Sh. Tehal Singh expired in November, 1979 and resultant vacancy having been fallen vacant was required to be filled in through Scheduled Caste category candidate, but Sh. Gurdial Singh Virk was promoted who was from general category. Thereafter, on 25th July, 1981 Sh. Rattan Chand Mahi also resigned and this resultant vacancy was also required to come to the candidate belonging to the Scheduled Caste category. This vacancy was given to a Scheduled Caste category candidate namely Sh. Shawinder Singh, who also resigned the said post on 24th October, 1982, but again in violation of instructions this vacancy was filled up by way of promotion to a candidate who belonged to a General Category. It is further submitted that resultant vacancies which had arisen as a result of resignation and even on the death of Scheduled Caste were required to be filled up through another Scheduled Caste candidate to ensure proper representation of the Scheduled Caste / Backward Class category candidates. Roster point is meant for the promotee quota & the due reservation of 14% has not been given to the candidates belonging to Scheduled Caste category candidates. The first Roster point, the first vacancy falling to the credit of the promotee quota was to be given to a candidate belonging to SC category. Hence the instant petition.
I have heard the learned counsel for the parties and have gone through the record and relevant law with their valuable assistance and bestowal of thoughts over the entire matter.
C.W.P. No.11678 of 1992 -:3:-
During arguments it has been agreed by the both learned counsel that from this quota two posts had to be filled up and were actually filled up, one by Tehal Singh and other by Ram Bahadhur. After this there is disagreement because learned counsel for the petitioner states that Tehal Singh had gone out of the cadre and therefore resultant vacancy had to be filled by Scheduled Caste category viz. his client.
Learned Additional Advocate General, Punjab, however, states that question of resultant vacancy would not arise in a situation where there is a roster point operating because once roster system comes into operation the posts have to be filled up as per the roster point and the concept on resultant vacancies would arise where there is a quota system only. In my considered opinion, this argument has to be accepted because if the argument of the learned counsel for the petitioner is accepted then the roster point system would inevitably break down.
In this view of the matter this petition has to be dismissed.
Ordered accordingly.
( AJAY TEWARI ) 4th July, 2013 JUDGE Gaurav Sorot
1 issue framed by the court
Whether a resultant vacancy must be filled by a Scheduled Caste candidate when a roster point is applicable.
Kashmira Singh
The State of Punjab
Ajay Tewari
As recorded by the court registry
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