C.W.P. No. 1983 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1983 of 2009 Date of Decision 19.07.2010 Hardeep Singh and others -----Petitioners Versus Union of India and others. ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. G.S. Sandhwalia, Advocate for the petitioners. Mr. Nitin Kumar, Advocate for the respondents No. 1 to 3. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant petition is directed against the order dated 19.01.2009 (Annexure P-19) passed by the Central Administrative Tribunal, Chandigarh Bench (for brevity 'the Tribunal') dismissing the Original Application filed by the petitioners being O.A. No. 473-HR- 2008. The claim made by the petitioners for their consideration for the post of Senior Technician in the grade of Rs. 5000-8000 against the reserved category as per roster has been dismissed. The Tribunal has recorded categorical finding that as per provisions of Indian Railway Establishment Manual (for short 'the IREM'), the respondents have called the names of only two persons in suitability test for filling up two vacant posts. The IREM clearly lays down that C.W.P. No. 1983 of 2009 -2- for filling up non-selection post by way of promotion, the number of eligible persons who are to be called upon for consideration should be equal to number of existing vacancies. The model roster on which reliance was placed as Annexure A-5 was meant for direct recruitment on all India basis for open competition and had no application to fill up the non-selection post by way of promotion. Therefore, it has been found that no direction can be issued to respondents to consider their promotions as per roster meant for direct recruitees (Annexure A-5). The model roster for promotion in respect of a cadre with strength of 14 posts has been placed on record (Annexure R-1). The private respondents belonging to unreserved category who were higher in seniority than that of the petitioners were correctly called for suitability test. In respect of Kanhaiya Lal who was promoted against the reserved post of S.C. in 1993, the Tribunal has observed that he could not be considered to have secured promotion on his own merit so as to consume general category post. The argument of the petitioners that they had earned promotions on their own merit and therefore, should be considered to have consumed General category quota. The Tribunal has found that no evidence was adduced before it to substantiate that plea with regard to issue of carrying forward backlog vacancies. The Tribunal opined that no such plea was raised by the petitioners in their Original Application nor at the time of argument any evidence was adduced. C.W.P. No. 1983 of 2009 -3- Having heard learned counsel for the parties, we are of the considered view that the finding recorded by the Tribunal are unexceptionable. According to the IREM, the number of candidates are to be called for test should be equivalent to the vacancy even the vacancy occupied by Shri Kanhaiya Lal, a member of Scheduled Caste, could not be shown to be erroneous. The seniority list (Annexure P20) belonging to MCM of Ambala Division shows that a person belonging to Scheduled Caste who was promoted on the post of Senior Technician/ Master Crafts Man on 01.03.1993 on a roster point, he cannot be considered to have occupied a general category seat. It is not possible to shift him to a post/ vacancy belonging to General Category and grant promotion to the petitioners by offering them a roster point after such an inordinate delay, especially when no rules and regulation or instructions, in that regard, have been shown. The cause, if any, had arisen in 1993 when Sh. Kanhaiya Lal was shown to have occupied a roster point on his promotion. Therefore, we are of the view that the writ petition does merit admission. As a sequel to the above discussions, the writ petition fails and the same is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 19, 2010 Atul