- (1.) THE petitioner an Assistant in the office of the Director, Information and Public Relations Department, Punjab has filed the present writ petition for issuance of a writ of Mandamus directing the respondents Nos. 1 and 2 to revert respondents Nos. 3 and 4 from the post of Superintendent Grade-III to that of Assistant as their promotions have been made against the reserved vacancy meant for the Scheduled Castes.
(2.) THE case of the petitioner is that one post of Superintendent Grade-III fell vacant in the office of the Director, Information and Public Relations Department. Punjab, Chandigarh from 1-4-1986 after the promotion of Shri Prithvi Chand from the post of Superintendent Grade-III to the post of Public Relations Officer. The petitioner was working in the Field Section and was a senior most Scheduled Caste Assistant with good service record and as such was entitled to be appointed according to the roster at point 16, the post reserved for Scheduled Caste. But instead of promoting him, be was posted as incharge of the Budget section in the capacity of Assistant. The petitioner filed representations requesting the respondents to promote him as Superintendent Grade-III but no decision on his representations was taken. On the other hand, the respondents promoted Karar Singh and Jaswant Singh who belonged to general category as Superintendent Grade-III against the reserved post meant for Scheduled Castes, without considering the claim of the petitioner. The petitioner seeks promotion to the said post on the basis of his being a Scheduled Caste.
(3.) THE respondents have contested the claim of the petitioner and urged that promotions have been made as per the roster. The post of Superintendent Grade-III was to be given to the candidates of general category and not to the members of Scheduled Castes. Out of cadre strength of three posts of Superintended Grade III, if one post had given to a member of Scheduled Castes, it would mean 33-1/2% representation to the reserved category whereas Government provides 20% reservation in such case.;