Jawahar Lal Gupta, J. - (1.) Is the policy for reservation of posts for members of Scheduled Caste and Backward Classes applicable to a cadre consisting of only two posts? This is the short question that arises in these three Letters Patent Appeals viz. L.RA. Nos. 449, 451 and 688 of 1991. The learned Single Judge has taken the view that the reservation being "against vacancies and not posts, the strength of the cadre became wholly irrelevant, and, consequently, the Serial Number provided in the roster regarding the vacancies for the reserved category would have to be filled in by such reserved category unless no suitable or eligible candidate from the reserved category is available." As a result the learned Single Judge allowed the writ petitions and issued appropriate directions to the State of Haryana. The Government appears to have accepted the view taken by the learned Single Judge. However, the individuals who were affected by the judgment of the learned Single Judge have preferred these appeals. The Motion Bench had directed these appeals to be heard together. These are, consequently, being disposed of by a common judgment. A few facts as relevant for the decision of the case may be briefly noticed.
(2.) The appellant is stated to have joined service on June 13, 1958. He was promoted as an Assistant in January, 1969. As against this, respondent No. 3 (Mr. Ram Kumar Chauhan) who is a member of the Scheduled Caste, was recruited as a clerk on October 19, 1971. He was promoted as on Assistant on October 26,1981. He was still further promoted as a Head Assistant on April 12, 1988. This order of promotion was challenged by various persons including the appellant by filing Civil Writ Petition No. 6976 of 1988. This writ petition was disposed of by the Motion Bench on September 19,1988 inter alia with a direction that the representation submitted the writ petitioners "be considered and disposed of within three months in view of the earlier instructions as well as Annexure P-9." It appears that the matter was referred by the Department to the Chief Secretary for advice. After consideration of the matter, in consultation with the legal Remembrancer, the Department was "advised that in a cadre where the posts are only two, the reservation is not admissible." The Financial Commissioner and Secretary to Government, Haryana, Department of Industries, conveyed this advice to the Director, Supplies & Disposals, Haryana, vide his memo dated March 18, 1989. A copy of this advice has been placed on record as Annexure P-7. In pursuance to this advice, the Director passed an order on March 8, 1989 itself reverting respondent No. 3 "to the post of Assistant with immediate effect." The respondent challenged the order of his reversion by filing Civil Writ Petition No. 3184 of 1989. M/s. Gobind Kant Ranga and Bhim Rak Gupta were impleaded as respondents Nos. 3 and 4 m the said writ petition.
(3.) While this writ petition was pending, one Mr. Shashi Lalwan filed a Civil Writ Petition No. 100% of 1989 claiming that he had been promoted as Head Assistant (which post had been re-designated as Deputy Superintendent) and that on the basis of the advice tendered by the Chief Secretary, he was likely to be reverted. He, therefore, prayed that a writ in the nature of mandamus or prohibition be issued directing the respondents not to revert him "from the post of Deputy Superintendent on the pretext of the advice tendered by the Chief Secretary to Government of Haryana." The State of Haryana and the Director of Industries, Haryana were impleaded as parties.;