- (1.) CIVIL APP-EAL NO. 6361 of 1994 A writ petition was filed before the High Court of Punjab and Haryana by the respondents. Facts, in brief, giving rise to this appeal are as follows.
(2.) Respondent No. 1 was selected as Ziledar and after completion of training was appointed in the Irrigation Department in January, 1975. Under the relevant Recruitment Rules three sources were provided for appointment to the post of Tehsildar ('B' Class) - (i) 40% by direct recruitment, (ii) 40% by promotion, and (iii) 20% by transfer from amongst the following categories:- i) Superintendent of the office of the Deputy Commissioners; ii) Assistant Superintendent of Commissioners and Deputy Commissioners office; iii) District Kanungos; iv) Zonal Ziledars of P.W.D. (Irrigation Branch), OR v) Head Assistant of Director, Land Records office.
(3.) The Government on February 9, 1979 issued instructions wherein it was stated that the quantum of reservation would be to the extent of 20% for Scheduled Castes in the case of direct recruitment to Class I, II, III and IV posts. It was clarified that in all appointments by promotion 20% reservation will be granted in favour of the Scheduled Castes but such reservation would be limited to Class III and Class IV posts on the basis of seniority-cum-merit. It was expressly stated that in respect of appointments by promotion there will be no reservation in Class I and Class II posts. It was further clarified in the instructions issued on June 10,1982 that if posts were filled by transfer to an identical time scale of pay, there would be no reservation but if a higher post was filled by transfer then the benefit of reservation would be given. Process of selection was announced to the post of Tehsildar ('B' Class) for appointment by transfer in the year 1986. Eight persons were appointed in 1986, four in 1990 and six in 1992. In the recruitment made as per the rules in 1986 the benefit of reservation was not given to the post of Tehsildar which is a Class II post. Respondent No. 1 filed a writ petition claiming his right to appointment on the ground that he is a Senior Ziledar and also on the basis of reservation. The High Court made an order on the basis that reservation was available in the case of appointment by transfer to Class II post. The High Court did not consider the fact that even assuming that reservation had to be granted in this category, the claim of all the Scheduled Castes candidates in the five posts from which the recruitment was to be made by transfer. This order is in challenge before us in this appeal.;