- (1.) Petitioner is a Scheduled Caste candidate. He was appointed as a Clerk/Typist on 11.03.77 against the post reserved for Scheduled Castes category. After his appointment he was promoted as Senior Clerk on 14.11.1984. The next promotion in the hierarchy of service was to the post of Assistant. Promotion to the next post of Assistant was based upon seniority/merit. The eligible senior Clerk were also required to pass departmental examination in terms 10 of Punjab State Assistant Grade Examination Rules, 1984. Rule 4 is the relevant Rule which reads as under : "Eligibility for promotion to the post of Assistant. - (1) No person shall be eligible for appointment by promotion to the post of Assistant unless in addition to fulfilling the qualifications and experience prescribed for appointment by promotion to the post of Assistant, he qualifies the test."
(2.) It is alleged by the petitioner that he qualified the requisite examination in the year 1987 and became eligible and qualified for the promotion to the post of Assistant on the basis of his seniority-cum-merit. Seniority list of Clerks was notified as on 31.03.83 wherein petitioner stands at serial No. 84 and respondent No. 4 at serial No. 112 and respondent No. 3 at serial. No. 25. Respondent No. 3 Satpal is a general category candidate whereas Ram Rakha also belongs to Scheduled Caste. It is alleged that promotions were made to the post of Assistant from the cadre of clerks in the year 1988 vide order dated 23.09.1988. Respondent No. 4 was promoted as Assistant by the respondent No. 2 from Ferozepur Division whereas the petitioner who was higher in rank in the seniority list was ignored. It is further stated that as per reservation rules and under the roster point vacancies occurring at serial Nos. 1, 6, 11, 16, 21, 26, 31 etc. were reserved for Scheduled Caste Category candidates for the purpose of promotion. It is further alleged that though on the basis of roster point the vacancy at serial No. 16 was meant for Scheduled Caste category, however, respondent No. 3 Satpal who belongs to General Category candidate was promoted against the said vacancy at serial No. 16 and Ram Rakha, respondent No. 4 against serial No. 21 as Scheduled Caste category candidate ignoring the seniority and claim of the petitioner who was otherwise senior to Ram Rakha.
(3.) Petitioner claims to have made representation but of no avail, accordingly, petitioner has filed present petition seeking his consideration for promotion to the post of Assistant against the vacancy reserved for the Scheduled Caste category candidate on the basis of his seniority and merit and from the date person junior to him was promoted.;