- (1.) Tek Ram was appointed as a clerk in the Co-operative Department on 5th August, 1945, and was confirmed on 26th August, 1948, by the erstwhile State of Punjab. He was promoted as an Assistant on 7th February, 1964, and was reverted in September, 1964, on the ground that he had failed to pass the departmental test. He was again promoted as an Assistant on 9th February, 1965. On the reorganisation of the State of Punjab, he was allocated to the State of Haryana.
(2.) The State of Haryana issued a tentative seniority list of Assistants dated. July 18/19, 1970, which was subsequently made final by order dated 26th of May, 1972. In this list, the name of Tek Ram appeared at serial No. 31 whereas of Attar Singh appeared at No. 14.
(3.) By order dated 18th August, 1972 (copy annexure 'H'), Attar Singh Assistant was promoted as Head Assistant on the basis of seniority-cum-merit, Tek Ram is alleged to have filed numerous representations against the promotion of Attar Singh, copies of two of which are annexures 'I' and 'J'. In the representations, the stand of Tek Ram has been that he is a Scheduled Caste and there being reservation of 20 per cent for Scheduled Castes, he was entitled to be promoted as Head Assistant instead of Attar Singh. The representations were ultimately rejected by order dated 31st July, 1972, (copy annexure 'K') on the ground that according to the Government instructions and the proviso to Punjab Co-operative Department Service (Ministerial State Service Class III) Rules, 1966 (hereinafter called the 1966 Rules), there was no reservation for promotion to the post of Head Assistant for members of Scheduled Caste and Backward Classes. After the rejection of the representations, Tek Ram came to this Court in C. W. P. No. 4067 of 1972.;