S S GREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal relates to the inter se seniority of the appellant and respondent No. 3 in the Punjab Superior Judicial Service (hereinafter referred to as 'The Service'). The appellant and respondent No. 3 were both appointed to the Service on May 26, 1986 on the basis of selection by direct recruitment. The appellant belongs to the general category whereas respondent No. 3 is a Mazhabi Sikh, which is a Scheduled Caste in Punjab.

(2.) The recruitment to the Service is governed by Punjab Superior Judicial Service Rules, 1963 (hereinafter referred to as 'The Rules'). By Rule 8-A, which was inserted in the rules by notification dated June 14, 1977, the instructions issued by the State Goveminent from time to time in relation to reservation of appointments or posts for Scheduled Castes and Backward Classes were made applicable for the purpose of making appointments to the posts in the Service. The orders of the State Government relating to persons belonging to Scheduled Castes in this regard which have a bearing in this appeal are as follows:-

(3.) After the introduction of R. 8A in the Rules, four persons were appointed by way of direct recruitment to the Service in the years 1979. One out of them, Shri Balwant Rai, belonged to a Scheduled'Caste (other than Balmikis or Mazhbi Sikhs). Thereafter, in 1981, one post fell vacant but no person belonging to a Scheduled Caste could be selected and the candidate belonging to general category was appointed against the said post. In the year 1982, selection was made for two posts but only one person could be selected and he also belonged to the general category and no person belonging to a Scheduled Caste was available for appointment. In 1986, six persons including the appellant and respondent No. 3 were appointed on the basis of direct recruitment. Out of those six persons, four belonged to the general category and two belonged to Scheduled Caste. One of the two persons was Shri G.S. Samra who belonged to a Scheduled Caste other than Balmikis or Mazhbi Sikhs, and the other was respondent No. 3 who is a Mazhbi Sikh. In the merit list for the said selection the appellant was placed at No. 1, Shri G.S. Samra was at No. 2 and respondent No. 3 was at No. 5. As per the Roster, Shri G.S. Samra was placed at Point No. 7, the appellant at Point No. 8 and respondent No. 3 at Point No. 9. After joining the Service, Shri G.S. Samra resigned from the same and had ceased to be a member of the Service prior to April 1, 1988.