S. C. Agrawal, J. - (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:- (1) Letter dated June 6, 1974 from the Secretary to the Government of Punjab, Welfare of Scheduled Castes and Backward Classes Department to all Heads of Department etc. It was communicated that it had been decided to increase the precentage of reservation in direct recruitment in all services from 20% to 25% in the case of members of Scheduled Castes and from 2% to 5% in the case of members belonging to Backward Classes. In the said letter, it was also indicated that the vacancies to be reserved for the members of Scheduled Castes in a lot of 100 vacancies would be at the points specified below 1,5,9, 13, 17,21,25.29,33,37,41,45,49,3, 57, 61, 65, 69, 73, 77, 81, 85, 89,93 and 97 and so on. It was also directed that the Roster already existing would not be abandoned, but would now be maintained in continuation from the vacancy in the existing Roster last filled up according to the new pattern of reservation that has been prescribed in the earlier paragraphs in the said letter. (2) Circular dated November 19, 1974 relates to carrying forward of reservation for members of Scheduled Castes/ Backward Classes. It was directed that "the reservation should be carried forward from vacancy to vacancy in the same block until a Scheduled Caste or a Backward Class person, as the case may be, is appointed or promoted in the same block. It was further directed that if all the vacancies in any block determined on the basis of prescribed Roster are filled up by other category-person due to non-availability of Scheduled Castes or Backward Classes persons, the reservation should be carried forward to the subsequent blocks. The said letter required that the reservation should be carried forward from vacancy to vacancy in each block and from block to block until the carried forward vacancies are filled up by the members of the Scheduled Castes or Backward Classes. It was also provided that only one reserved vacancy out of the carried forward vacancies should be filled in a block of appropriate Roster in addition to the normal reserved point of the block. (3) Letter dated May 5, 1975, from the Secretary to the Government, Punjab, Welfare of Scheduled Castes and Backward Classes Department addressed to all Heads of Departments etc. It was communicated that the Government have decided that henceforth, 50% vacancies of the quota reserved for Scheduled Castes should be offered to Balmikis and Mazhbi Sikhs, if available, as a rirst preference from amongst the Scheduled Castes candidates. (4) Letter dated April 8, 1980 addressed by the Under Secretary to the Government of Punjab, Welfare Department Reservation Cell, to all Heads of Departments etc. The position with regard to the implementation of instructions regarding reservation for Mazhbi Sikhs and Balmikis under the letter dated May 5, 1975 was clarified as follows:- "i) Combined merit list can be disturbed while giving appointment to the candidate belonging to Balmikis and Mazhbi Sikhs. ii) On the basis of 50% reservation the first reserved vacancy can be offered to Balmikis and Mazhbi Sikhs although his name may be below in the merit list. iii) On the basis of 50% reservation, Balmikis and Mazhbi Sikhs 1, 3, 5 and so on reserved vacancies shall go to the candidates of these castes if available and 2,4,6 and so on reserved vacancies shall go to other Scheduled Castes candidates. It is clarified here that these instructions are to be implemented when the names of the candidates of Balmikis and Mazhbi Sikhs are included in the merit list after selection. If no candidate belonging to these communities has been selected or less candidate selected then the reserved vacancy should be filled up from amongst the other Scheduled Castes candidates meaning thereby no reserve vacancy reserved for Balmikis and Mazhbi Sikhs should be carried forward."
(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.;