P.C. Jain, J. - (1.) THE short question that requires determination in the instant case is whether Inderjit Chaudhary. Petitioner, a member of the Backward Class, who is working as Excise Inspector and whose income exceeds Rs. 1,800 per annum, is entitled to the benefit of reservation mentioned for Backward Classes for promotion to the higher post.
(2.) THE facts on which there is no dispute are that the Petitioner belongs to 'chang' caste which has been declared a Backward Class by a notification of the Punjab Government, dated 9th/23rd. December, 1959, (copy annexure 'A' to the petition), that the Petitioner joined service of the Punjab Government as Excise Sub -Inspector in December, 1959, and was confirmed by an order, dated 16th November, 1966, with effect from 7th June, 1962, that by notification, dated 12th September, 1963, Punjab Government issued directions under Article 16(4) of the Constitution of India making reservation in service for the members of the Scheduled Castes/Scheduled Tribes and Backward classes for promotion, that by subsequent instructions, dated 23rd August, 1966, the percentage of the reservation was increased, that on the basis of the instructions contained in circular letter No. 2662 -5WG11 -63/6934, dated 20th April, 1963 (copy annexure 'G' to the petition), the Petitioner was not considered for promotion to the post of Assistant Excise and Taxation Officer on the ground that he was drawing salary which exceeded Rs. 1,800 per annum and hence was not entitled to the privileges which were being enjoyed by the Backward Classes and that the Petitioner filed a representation but the same was rejected. Feeling aggrieved from the action of the Government, the Petitioner filed the present writ petition which came up for hearing before M. R. Sharma. J. The learned Judge found that the point involved in the petition was of considerable importance and accordingly directed that the same be decided by a larger Bench. That is how this petition has been placed for hearing before us. It was contended by Mr. Kuldip Singh, learned Counsel for the Petitioner, that the Petitioner was entitled to the benefit of reservation for promotion to the higher post and that the instructions contained in circular letter, dated 20th April, 1963 (copy Annexure 'G') had no applicability and did not in any way debar the Petitioner from claiming the benefit of reservation for promotion. According to the learned Counsel, the circular letter (copy Annexure 'G') only lays down certain guidelines for classification of certain classes of people as Backward Classes and dose not in any way nullify the effect of the earlier letter, dated 9th/23rd December, 1959 (copy annexure 'A') by which 'chang' community had been declared to be a Backward Class.
(3.) ON the other hand it was contended by Mr. D. N. Rampal, learned Assistant Advocate -General (Punjab), that the object underlying circular letter, copy Annexure 'G', is quite evident inasmuch as the Government intended to include only those persons in the category of Backward Classes who would satisfy the conditions mentioned therein and that the Petitioner was rightly refused the benefit of reservation for purposes of promotion to the higher posts. After giving my thoughtful consideration to the entire matter, I am of the view that there is considerable force in the contention of Mr. Kuldip Singh, learned Counsel for the Petitioner. At this stage it would be appropriate to reproduce the relevant contents of the circular letter, which read as under: Subject: Classification of certain classes of people as Backward Classes other than the Scheduled Castes and Scheduled Tribes. I am directed to address you on the subject noted above and to say that the question of classification of the people of the State as Backward on the basis of their economic backwardness, social status of occupation, etc., other than castes had been engaging the attention of the Government for some time past. After careful consideration it has now been decided that: Besides the Scheduled Castes and Scheduled Tribes who were separately enjoying certain privileges the other Backward Classes may include: (a) all the residents of Punjab State, whose family income is less than Rs. 1,800 per annum irrespective of the -fact as to which caste, community or class they belong to and what profession they are following. (b) Besides the above category certain other communities should also be declared as Backward by the State Government. These communities should be such as are socially looked down upon by the people of State. All the members belonging to these backward communities excluding those whose family income exceeded Rs. 1,800 per annum should be entitled to privileges being enjoyed by Backward Classes. ;