Amar Lal Vs State of Haryana and Others

The aforementioned two petitio n s are based upon similar fact s involving co m mon issues; accordingly, the sa m e are being decided together. 2. F o r brevity, the facts have been noticed from CWP-7869-2023 , which has bee n filed, inter alia , seeking a wri t of certiorari quashing the orde r dated 11.04.2 0 23, Annexure P-10, whereby t h e fourth respondent (petitione r in the connec t ed petition CWP-6714-2024) h as been given promotion to th e post of Perso n al Assistant under the Schedule d Caste (SC) category, allegedl y ignoring the p e titioner’s seniority and eligibili t y.

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Aman Dua 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

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CWP-7869-2023(O&M) with CWP-6714-2024

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I t is contended by learned couns e l on behalf of the petitioner tha t he joined s e rvice in the respondents/U n iversity as Steno-Typist o n 21.05.1992, a n d was promoted as Senior Sc a le Stenographer on 01.03.1995 . Despite rende r ing more than twenty-nine ye a rs of service, he has not bee n given furthe r promotion as Personal Assistant and is stagnating a s Stenographer. He belongs to the General cat e gory and his seniority amongs t the Senior Sc a le Stenographers is at number seventy-six, as against the fourt h respondent, w h o belongs to the SC category, a nd is at serial ninety-eight. Th e next promotio n al post for them is that of Pers o nal Assistant, and as per Polic y dated 15.07. 2 014, Annexure P-2, applicab l e to the University, there i s reservation o f twenty per cent for the SC category candidates for Clas s III/Group-C p osts; the University considers the post of Personal Assistan t under Group - C. Total cadre consists of t h irteen posts, and as per th e reservation P o licy roster points 4 and 8 ar e reserved for the SC categor y candidates; t w o employees belonging to t h e category have already bee n promoted aga i nst these points vide office or d er dated 30.06.2021, Annexur e P-4, and twen t y per cent quota is full. The f o urth respondent has been give n promotion be y ond the quota in violation of t h e Policy, vide impugned orde r dated 11.04.2 0 23. The post in question fell v a cant on retirement of a Genera l category cand i date on 28.02.2023, which was required to be filled by anothe r General categ o ry candidate only, and the fo u rth respondent could not hav e been consider e d against the same. This is in v i olation of law laid down by th e Supreme Cou r t in R. K. Sabharwal and othe rs v. State of Punjab and others , 1995(2) SCC 7 45. 3.1. A t the time of issuing notice of m otion, this Court vide impugne d Aman Dua order dated 1 8 .04.2023 stayed operation of the impugned promotion orde r 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

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CWP-7869-2023(O&M) with CWP-6714-2024

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dated 11.04.2 0 23. The petitioner filed a cont e mpt petition, COCP no.1610 o f 2023, alleging violation of the interim order, a nd during its pendency bailabl e warrants wer e issued against the concerned University Officer vide orde r dated 29.02. 2 024. In these circumstances, the order impugned in th e connected pet i tion, CWP-6714-2024, dated 1 2 .03.2024, was passed whereb y the fourth res p ondent was “reverted to the post of Senior Scale Stenographe r and posted i n the office of Registrar with e ffect from 11.04.2023 agains t vacant post.”

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Learned counsel for the respo n dents, on the contrary, hav e disputed the f a cts aforementioned by contend i ng that there are fourteen post s in the cadre o f Personal Assistant, as one a d ditional post was created vid e memo dated 2 1.04.2022, Annexure R-2/12. A s per the roster register, the S C category can d idates are to be promoted ag a inst roster points 4, 8 and 14 . Therefore, th e fourth respondent was prom o ted within the twenty per cen t quota of post s reserved for the category. T h ey have also referred to roste r register maint a ined by the University, Annex u re R-2/13, which shows in 201 8 against roste r point 4 meant for the SC category, a General categor y candidate, Ge e ta Rani, was promoted; simila r ly against roster point 8 mean t for the SC c a tegory, another General categ o ry candidate, Sadhu Ram, wa s promoted. Th e University realised this mist a ke and subsequently promote d two SC categ o ry candidates against roster poi n ts 11 and 12, namely, Jai Sing h and Suresh K u mar, who were considered to h a ve been promoted against roste r points meant f or the category. Later, against r o ster points 14 and 18 meant fo r SC category, once again General category c andidates, Varsha Gandhi an d Surekha, were promoted. Realising the mista k e, on retirement of an employe e Aman Dua the fourth re s pondent was promoted again s t roster point 20 reserved fo r 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

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CWP-7869-2023(O&M) with CWP-6714-2024

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General categ o ry, vide impugned order date d 11.04.2023 . This was done b y operating the r oster in terms of the Policy and the settled law. Accordingly, a s of now agains t fourteen sanctioned posts in t h e cadre, there are only three S C category can d idates, including the fourth respondent, which is withi n permissible t w enty per cent reservation.

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These facts have not been disput e d by the petitioner by filing an y counter-affida v it.

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S u bmissions made by learned c o unsel for the parties have bee n considered.

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A s per facts brought on record, t h ere are fourteen Group-C post s of Personal A ssistant in the University. Th e applicable reservation Policy , dated 15.07.2 0 14, provides the SC category c andidates are entitled to twent y per cent reser v ation in promotions. The post i s required to be filled from th e feeder cadre, S enior Scale Stenographer. As per roster points notified unde r the Policy, points 4, 8, 14 and 18 are reserv e d for the SC category. To giv e effect to the same, the University has promo t ed two SC category candidate s by reserving r oster points 11 and 12 for t h em, as some General categor y candidates ha d earlier been promoted against roster points 4 and 8, reserve d for the SC ca t egory. Similarly, against roster points 14 and 18 meant for th e SC category, G eneral category candidates had been promoted. Thus, when th e next vacancy a rose, roster point 20 originally meant for the General category , was reserved for the SC category, and the f o urth respondent was promote d against it vi d e impugned order dated 11.0 4 .2023. Accordingly, three S C category cand i dates have been promoted against fourteen sanctioned posts i n the cadre whi c h cannot be considered beyon d twenty per cent quota. As pe r Aman Dua the settled la w , in case total posts under a cad r e are less than 100, the roster i s 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

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CWP-7869-2023(O&M) with CWP-6714-2024

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to operate till t he last point. This is what has b e en prescribed in the reservatio n Policy, dated 1 5.07.2014, as well; para 8 whe r eof mentions ‘ the roster syste m will continue t o be operated and be closed a f ter the 100^th points of roster i s utilised for al l cadres having a strength of 100 or less. ’ which is not unde r challenge.

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This view is in line with the la w laid down by the Constitutio n Bench in R. K. Sabharwal case (supra), holdi n g that the 100 points roster is t o operate till th e 100^th point even if posts in a c a dre are less than 100, and in th e event of non- a vailability of a reserved candidate at the roster point meant fo r the category, t he Government can carry for w ard the point in a just and fai r manner. The r e levant paragraph 10 of the jud g ment reads as under:

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1 0 . We may examine the likel y result if the roster is permitte d t o operate in respect of the vaca n cies arising after the total post s i n a cadre are filled. In a 100- p oint roster, 14 posts at variou s r o ster points are filled fr o m amongst the Schedule d C astes/Scheduled Tribe candid a tes, 2 posts are filled fro m a m ongst the Backward Classes a nd the remaining 84 posts ar e filled from amongst the general c a tegory. Suppose all the posts i n a cadre consisting of 100 posts a re filled in accordance with th e r o ster by 31.12.1994. Thereafte r in the year 1995, 25 genera l c a tegory persons (out of the 84) r e tire. Again in the year 1996, 2 5 m ore persons belonging to th e general category retire. Th e p o sition which would emerge wo u ld be that the Scheduled Caste s a n d Back ward Classes would c laim 16% share out of the 5 0 v a cancies. If 8 vacancies are gi v en to them then in the cadre o f 1 0 0 posts the reserve categories w ould be holding 24 posts ther e b y increasing the reservation fro m 16% to 24%. On the contrar y i f the roster is permitted to oper a te till the total posts in a cadr e a r e to be filled by the same categ o ry of persons whose retiremen t e t c. caused the vacancies then t h e balance between the reserv e c a tegory and the general category shall always be maintained .

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Aman Dua 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

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CWP-7869-2023(O&M) with CWP-6714-2024

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W e make it clear that in the even t of non-availability of a reserv e c a ndidate at the roster point i t would be open to the Stat e G overnment to carry forward the point in a just and fair manner. Resultantly, i n the instant case, roster points 4, 8 and 14 (meant for the S C category but consumed by the General catego r y candidates) would be deeme d to have been c arried forward to points 11, 1 2 and 20 (meant for the Genera l category) and given to the SC category to g ive them due representation i n service as per the reservation Policy. This is j ust and fair adjustment agains t carried forwa r d roster points in terms of th e law laid down. Therefore, th e promotion of fourth respondent by reservin g roster point 20 for employee s belonging to t h e SC category cannot be terme d in violation of law. 9. I n view of the discussion, thi s petition, CWP-7869-2023, i s dismissed. Th e connected petition, CWP-671 4 -2024, is allowed and the order , dated 12.03.2 0 24, is hereby set aside. The fo u rth respondent shall be deeme d to continue in service on the promotional pos t of Personal Assistant from th e date of prom o tion vide order dated 11.04.2 0 23, and shall be entitled to al l consequential benefits except salary for the period of reversion as Senio r Scale Stenogr a pher.

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P e nding miscellaneous applicati o n(s), if any, shall also stand(s )

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dismissed.

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A photocopy of this order be pla c ed on the connected file.

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( TRIBHUVAN DAHIYA) 01.09.2025 JUDGE Ad

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W hether speaking/reasoned? Yes/No W hether reportable? Yes/No

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Aman Dua 2025.09.12 17:20 I attest to the accuracy and authenticity of this judicial document

Amar Lal v. State of Haryana and Others

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Amar Lal v. State of Haryana and Others

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