K.P. Bhandari, J. - (1.) THIS letters patent appeal is directed against the judgment and order passed by learned Single Judge. Learned Single Judge, - -vide judgment and order dated 29th January, 1987, allowed the writ petition. The learned Single Judge came to the conclusion that, according to the instructions dated 23rd August, 1966 (Annexure P -2) and proceedings thereto, there was a provision for reservation for promotion to the posts of Assistant Excise and Taxation Officers for members of Scheduled Castes/Tribes and Backward Classes in the Punjab Excise and Taxation Department (State Service Class II -A) Rules, 1956 (hereinafter referred to as the Class II -A Rules). In view of this finding, the learned Single Judge further directed the Respondents to work out the numbers of vacancies which ought to have been reserved for members of the Scheduled Castes/Tribes being 10 per cent of the total number of vacancies in the Service falling in the promotion quota from 1st November, 1966 to 23rd May, 1986, to prepare a roster and consider the Petitioner and other eligible members of the Scheduled Castes/Tribes at the point reserved for Scheduled Castes/Tribes as per the relevant reservation policy from the date the vacancy at such points became available; and pass appropriate orders of appointment on adjudging their suitability consistent with the instructions in this regard. The State has come up against the aforesaid judgment and order passed by the learned Single Judge. In this way, this letters patent appeal raises an important question of law as to whether, according to the instructions of the Government, there is any provision for reservation for members of the Scheduled Castes/Tribes and Backward Classes in the matter of promotion to the post of Assistant Excise and Taxation Officer - -State Service Class III -A.
(2.) IN order to appreciate the controversy involved in this case, it is necessary to refer to the material provisions of the Punjab Excise and Taxation Department (State Service Class III -A) Rules, 1956. Rule 2(f) of the State Service Class III -A Rules defines the expression 'Service' as follows: 'the Service' means the Punjab Excise and Taxation Department (State Service Class III -A). Provision of Rule 3 of the Rules lays down that the service shall comprise the posts shown in Appendix 'A'. Appendix 'A' to the Rules describes the posts of Assistant Excise and Taxation Officer and prescribes the strength of the posts and the scale of pay. In other words, these Rules apply to the appointment and recruitment to the posts of Assistant Excise and Taxation Officer. Rule 5 of the State Service Class III -A Rules lays down that members of the Service shall be recruited in the fallowing manner: (a) by promotion from the cadres of Excise Inspectors and Taxation Inspectors (who have served as such for a period of at least 3 years); (b) by transfer of members of the ministerial establishment of the Excise and Taxation Department, Punjab; and (c) by competitive examination the syllabus for which shall be the same as in the case of competitive examination conducted by the Commission for recruitment to the Punjab Civil Service (Executive Branch) and allied Services. Rule 6 of the State Service Class III -A Rules reads as follows: When any vacancy occurs, or is about to occur in the Service, Government shall determine in what manner it shall be filled. The provisions of Rule 8 of the State Service Class III -A Rules read as follows: Appointment to the Service by promotion shall be made by selection and no Excise Inspector or Taxation Inspector shall be deemed to have had his promotion withheld by reason of his not being selected for such appointment as of right. It is, however, laid down in the provision of Rule 6 that 50 per cent posts shall be filled up by direct recruitment and 50 per cent posts shall be filled up from the various categories such as Taxation Inspectors and Excise Inspectors and by transfer from members of the ministerial establishment of the Excise and Taxation Department. The provisions of Rule 5 of the State Service Class III -A Rules clearly lay down that in the matter of Assistant Excise and Taxation Officer - -State Service Class III -A, the recruitment shall also be by direct recruitment.
(3.) AT this stage, it would be useful to refer to the Government instructions issued from time to time making reservations for the members of the Scheduled Castes/Tribes in the matter of promotion to the Service. The State Government, - -vide Secretary to Government, Punjab, Scheduled Castes and Backward Classes Department letter No. 6486 -5WG -II -63/19193, dated 12th September, 1963, issued instructions to all Heads of Departments etc. and decided, that except in the case of All -India Services, 10 per cent of the higher posts to be filled by promotion should be reserved for the members of Scheduled Castes, Scheduled Tribes and Backward Classes (9 per cent for the members of Scheduled Castes and Scheduled Tribes and 1 per cent for the Backward Classes) subject to the following conditions: (a) the persons to be considered must possess the minimum necessary qualifications; and (b) they should have at least a satisfactory record of service.;