High Court Punjab-Haryana High Court

Ram Sarup Masoon vs State Of Haryana And Others on 10 November, 2009

Punjab-Haryana High Court
Ram Sarup Masoon vs State Of Haryana And Others on 10 November, 2009
Civil Writ Petition No. 1148 of 1990                                        1

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                       Civil Writ Petition No. 1148 of 1990
                                       Date of decision: 10.11.2009

Ram Sarup Masoon                                            ...petitioner
                             Versus

State of Haryana and others                                 ...respondents

CORAM: HON'BLE MR. JUSTICE RANJIT SINGH

Present:      Mr. Ashok Gupta, Advocate
              for the petitioner.

              Mr. Harish Rathee, Sr.DAG, Haryana
              for the State.

                     *****

RANJIT SINGH J.

The petitioner, who was working as Junior Analyst in the

Food & Supplies Department, had filed this writ petition seeking

direction for considering his case for promotion to the post of Head

Analyst against 16 point reserved on the roster for Backward Class

candidates. During the pendency of the writ petition, the petitioner

has expired and his legal representatives have been substituted as

the petitioners. The petitioner has staked his claim for promotion

w.e.f. 26.11.1986 that is the date when respondent No.3, Rajbir

Singh was promoted as Head Analyst as he was allegedly promoted

against roster point 16 meant for Backward Class candidate.

Conceded position otherwise is that the petitioner subsequently was

promoted as Head Analyst on 9.10.1995. The petitioner, however,

claims that he was entitled to this promotion w.e.f. 26.11.1986.

Though he is no more but still the benefit, which would accrue to him

on account of this back date promotion ultimately would benefit his
Civil Writ Petition No. 1148 of 1990 2

legal representatives for the purpose of fixing his family pension and

other pensionary benefits.

This writ petition had come up for hearing earlier also and

on direction issued by this Court, the affidavit was filed by Mr. N.S.

Dhania, Under Secretary, Government of Haryana, Food and

Supplies Department. The details mentioned in the affidavit would

show the reason for which the Roster point 16 was not given to the

petitioner. Though it is conceded that Roster point 16 was meant for

Backward Class category candidates but it is pointed out that there

were total 38 posts of Head Analyst out of which 33% was to be

filled by direct recruitment and 67% by promotion. It is also stated

that between 18.9.1979 to 13.2.1990, 17 vacancies in the Cadre of

Head Analysts were filled. 15 out of these were filed by promotion

and two by direct recruitment. 10th and 16th points in these were

reserved by Backward Class candidates. Only one point at Roster

10 was consumed by Backward Class category. The next point was

meant at Roster point 16. It is then explained that Head Analyst

Balbir Singh of General category and Ram Singh of Scheduled Caste

category were promoted as Roster point No. 13 and 14 meant for

General category and Scheduled Caste category. They were so

promoted after giving them military service benefit towards seniority

vide order dated 24.3.1986. As a consequence of this Sh. Rajbeer

Singh and Balwan Singh, Head Analyst, who were senior and

promoted as such prior to the revised seniority had to be reverted to

Junior Analyst as per the same order, copy Annexure R/1. It is

further pointed out Sh. Gian Chand Gupta, Junior Analyst, who was

promoted on 1.3.1984 as Head Analyst was reverted from the post to
Civil Writ Petition No. 1148 of 1990 3

Junior Analyst on 24.3.1986 on account of the fact that one Mohlar

Singh, who was dismissed from the Government service on

31.1.1977 was reinstated consequent to the judgment passed by

Senior Sub Judge, Chanigarh on 16.1.1985. He was ordered to be

reinstated in a Civil Appeal filed by him in the year 1984. Since

these three persons who are otherwise required to be reverted

because of this situation, the department took up the case with the

Government for relaxation of 10% cut imposed for promotion as per

the policy due to economic measures. The permission was so

granted by the Government but on the condition that against these

posts only the candidates, who were otherwise required to be

reverted would be adjusted. Accordingly, against these vacancies

specifically released, Balwan Singh, Rajbir Singh and Gian Chand

were promoted on 10.12.1986.

Roster point 16 could not be given to the petitioner

though it officially belong to the Backward Class as it was to save the

person from being reverted. If this concession has not been given by

the Government, the petitioner would not have been entitled to be

promoted against Roster point 16. Since this concession was given

only for a specific purpose, this is advanced as a justification not to

fill the Roster point 16 from the Backward Class candidate.

Subsequently, when the vacancies arose, 3 vacancies of direct

quota were caused and out of 3 posts, the petitioner was given

promotion against one of these vacant posts w.e.f. 12.10.1995 to

complete the short fall of one Backward Class candidates. The

justification offered by the respondents appears well founded. It is

true that a particular Roster point was meant for the petitioner being
Civil Writ Petition No. 1148 of 1990 4

Backward Class but there is a justifiable reason for not giving this

post to him. If this relaxation had not been granted by the

Government, the petitioner still would not have been entitled to be

promoted. Since this relaxation was granted on a particular

condition, the same could not have been ignored. This may have

resulted to some prejudice to the case of the petitioner for promotion

but the course adopted by the respondents cannot be termed as

illegal and unjust. Thus it would not call for interference in exercise of

writ jurisdiction. The petitioner has subsequently been promoted and

now his LRs are getting family pension for the post he would have

got, if he had promoted against Roster point 16. In this view of the

peculiar facts and circumstances, I do not consider it justified to

interfere in exercise of writ jurisdiction.

The writ petition is, therefore, dismissed.

November 10, 2009                                 ( RANJIT SINGH )
rts                                                    JUDGE