- (1.) The petitioners are working as Veterinary Officers, whereas the private respondents are placed as Deputy Director/Assistant Directors/Senior Veterinary Officers in the Department of Animal Husbandry, Fisheries & Dairy Development, Punjab. Petitioners belong to the S.C. category, whereas all the private respondents are from general category. Recruitment, promotion and other service conditions of the petitioners and private respondents are governed by the Punjab Animal Husbandry (Class-I) Service Rules, 1996. Rule 5 of the aforementioned rules deals with the method of appointment, educational qualifications and experience etc. and reads as under :- "5. Method of appointment, educational qualifications and experience :- (1) Appointment to the service shall be made in the manner specified in Appendix B. Provided that if no suitable candidate is available for appointment to a post in the service by promotion then such a post shall be filled in by direct recruitment. Provided further that if no suitable candidate is available or appointment to a post in the service by promotion or by direct recruitment, then such a post shall be filled in by transfer of a person holding similar or identical post under the State Govt. or Govt. of India.
(2.) No person shall be appointed to the service unless he possesses the qualifications and experience specified in Appendix B.
(3.) All appointments by promotion, to the service shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone. Similarly, Appendix B is also reproduced hereunder :- JUDGEMENT_406_LAWS(P&H)5_20111.html Note :- 1 At the time of initial entry into the service, the members of the Administrative Cadre shall be designated as Veterinary Officers. After the completion of a period of eight years service as a Veterinary Officer. If his work and conduct is found satisfactory, he shall be designated as Senior Veterinary Officer or Assistant Director as the case may be in the pay scale of Rs. 3,000-4,000/-. Similarly, after the completion of a period of eighteen years of service as Veterinary Officer, Senior Veterinary Officer or as Assistant Director, if his work and conduct is found satisfactory, he shall be designated as Deputy Director in the pay scale of Rs. 3700-5300. Note :- 2 Placement on the post of Deputy Director, Asstt. Director or Sr. Veterinary Officer will be made as per the availability of relevant posts strictly on seniority and designation will be given as per posting on the posts." 2. Appointment to any service is made in accordance with the method, qualifications and experience as prescribed in Appendix B to the rules. Initially under Appendix B, there were three different categories of service like Deputy Director, Assistant Director, Senior Veterinary Officer and Veterinary Officer, however, these rules came to be amended vide notification dated 15.2.1999. The three categories i.e. Deputy Director, Assistant Director, Senior Veterinary Officer and Veterinary Officer have been clubbed as one single cadre. However, the financial benefit has been allowed on the basis of their placement on completion of 8/18 years of service. The relevant amended Appendix B is reproduced hereunder :- AMENDMENT In the said notification in para 'B' of the said schedule, in the table- (i) under heading "II-Animal Husbandry" (a) for serial No. 1 and 2 and the entries relating thereto the following shall be substituted, namely: JUDGEMENT_406_LAWS(P&H)5_20112.html Note :- The post of Assistant Director, Senior Veterinary Officer and Veterinary Officer shall henceforth form one cadre." 3. Private respondents were granted benefit of the placement from one scale to another on completion of 8 and 18 years of service. It is, however, not disputed that the petitioners are also entitled to similar benefit. However, the grievance of the petitioners is that they being from reserved category of Scheduled Castes, are entitled to the benefit of the accelerated promotion on the basis of the reservation prescribed under the State Act namely the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006.;