KHEM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was promoted as an Assistant on May 22,1987. Vide order dated December 20, 1991, the respondent - Board while implementing the decision of their Lordships of the Supreme Court in Karam Chand v. Haryana State Electricity Board & Ors., 1989 AIR(SC) 261 declared that the petitioner shall be deemed to have been promoted as Deputy Superintendent with effect from April 1, 1986. The Petitioner claims that he was entitled to be promoted with effect from March 2, 1984 against the 28th point on the roster.

(2.) The respondents have controverted the petitioner's claim. It has been pointed out that there are 23 posts of Deputy Superintendents. Reservation is allowed to the extent of 20 per cent vide instructions date February 9,1979 The members of the Scheduled Caste were entitled to be promoted against 4 of these posts. These was given to Sarvshri Des Raj Kagre, P.S. Tobria, Ram Singh and R K. Indora it has been further averred that even if it was assumed that another post had to he given to the members of Schedule Caste, it would have gone to Mr. B.D. Panchwati, respondent No 15 and not the petitioner.

(3.) Mr. R.S. Mittal, learned counsel for the petitioner has contended that :-