MADAN LAL MEHTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Madan Lal Mehta, who was then working as Accountant in the Punjab Agriculture Department, filed a writ petition against the State of Punjab etc. and some private respondent Nos. 3 to 5. The case was that, according to the instructions of the Government, there was 20% reservation in favour of scheduled castes. Having regard to the strength of the cadre of Superintendent Grade III which is the next higher post from that of Accountant, only five posts were available for scheduled castes and already six persons were manning the posts in that cadre and, therefore, Gurmel Singh, respondent No. 5 could not be promoted as Superintendent Grade III.

(2.) The writ petition stands admitted. The motion Bench while issuing notice to the respondents observed, "In the meantime, respondent Nos. 3 to 5 who are working against the posts falling to their quota for the members of Scheduled Castes/Scheduled Tribes, be not promoted to the next higher post if the quota meant for Scheduled Castes/Scheduled Tribes in the higher cadre stands filled," in the order dated 16.11.1988. The petitioner in the main petition, namely, Madan Lal Mehta was promoted to the posts of Superintendent Grade III on April 12, 1989, and he joined the promoted post on 17.4.1989. Learned counsel for Gurmel Singh, respondent No. 5, states that two persons, namely, Mukhtiar Singh at serial No. 64 and Krishan Kumar at serial No. 65 of the joint seniority list who were otherwise junior to Gurmel Singh, respondent No. 5, (at serial No. 63) were promoted as Superintendent Grade III by a single order dated 6.2.1989. Respondent No. 5 has moved the present miscellaneous petition seeking modification of the aforesaid order of the Division Bench passed at the motion stage. Learned counsel for the applicant contends that respondent No. 5 does not claim promotion on the basis of being a member of the Scheduled Caste.

(3.) He has otherwise become senior enough to be promoted to that post as is evident from the facts that Mukhtiar Singh and Krishan Kumar, who were junior to him, have already been promoted. He further states that respondent No. 5 does not want to dislodge Madan Lal Mehta who was promoted on 12.4.1989 and that the inter se rights of the parties will stand determined on the decision of the writ petition filed by Madan Lal Mehta. After hearing the learned counsel for the parties and with their concurrence the following order is passed :-