Pathak, J. - (1.) The petitioner applies for relief under Art. 32 of the Constitution against the orders of the High Court of Punjab and Haryana withdrawing judicial work assigned to him and thereafter prematurely retring him from service.
(2.) The petitioner, after holding a number of minor posts in the Punjab Government, was appointed to the Punjab Civil Service (Executive Branch) and subsequently in Apr. 1965 migrated to the Punjab Civil Service (Judicial Branch). He remained a Judicial Officer thereafter. The petitioner claims that he was entitled to promotion to a Selection Grade post in the Punjab Civil Service (Judicial Branch) and subsequently to a post in the Punjab Superior Judicial Service. The claim was based in both cases on the footing that a post had been reserved in the two services for a member of the Scheduled Castes. It was also asserted that the petitioner was entitled to the posts even without reference to such reservation. The petitioner's case is that his service record was uniformly good, but as the High Court was actuated by mala fides it refused him promotion. He cites some instances to support the allegation of mala fides, including the circumstance that having been appointed to the post of Senior Subordinate Judge he was "reverted" as Subordinate Judge. On 4th Nov., 1978 the High Court ordered withdrawal of all judicial work from the petitioner and on 8th Nov., 1978 a Judicial Officer was posted in his place. The petitioner then filed the present writ petition for the quashing of the orders dated 4th Nov., 1978 and 8th Nov., 1978, for his reappointment as Senior Subordinate Judge and, thereafter, his promotion to the Selection Grade post of the Punjab Civil Service (Judical Branch) with effect from 1st Nov., 1966 and his promotion to the Punjab Superior Judicial Service with effect from 1st Nov., 1967. He also claimed an injunction against his premature retirement from service. This Court entertained the writ petition but declined to grant interim relief. On 29th Dec., 1978 the Punjab Government, accepting the recommendation of the High Court, sanctioned the premature retirement of the petitioner from the Punjab Civil Service (Judicial Branch) with effect from 30th Dec. 1978 on which date the petitioner completed twenty five years' qualifying service for the purposes of the Punjab Civil Service (Premature Retirement) Rules. 1975.
(3.) In regard to the petitioner's claim for promotion to the Selection Grade post in the Punjab Civil Service (Judicial Branch) with effect from 1st Nov., 1966, and to a post in the Punjab Superior Judicial Service with effect from 1st May, 1967 on the basis that a post had been reserved in each of the services for a member of the Scheduled Castes, it seems to us that the claim is grossly belated. The writ petition was filed in this Court in 1978, about eleven years after the dates from which the promotions are claimed. There is no valid explanation for the dealy. That the petitioner was making successive representations during this period can hardly justify our overlooking the inordinate delay. Relief must be refused on that ground. It is not necessary, in the circumstances, to consider the further submission of the respondents that the provision on which the petitioner relies as the basis of his claim is concerned with the appointment only of members of the Scheduled Castes to posts in the Punjab Superior Judicial Service and not to recruitment by promotion to that service.;