IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.3953/2008 Decided on:9.8.2010 _____________________________________________ Parveen Kumar. …Petitioner. Versus Agro Industrial Packaging India Limited and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents: Mr. Neel Kamal Sood, Advocate. _____________________________________________________ Rajiv Sharma, Judge ( oral ) . Petitioner was appointed as Accountant in the month of September, 1999. The post of Accountant was re- designated as Senior Assistant (Accounts) in the month of December, 1990. According to the petitioner, his case has not been considered for promotion by respondent No.1 to the post of Assistant Manager (Finance). He has made representations vide Annexures A-6 to A-9 and A-11 to A-15. According to him, the cadre strength of Assistant Managers comprises of eight posts and as per Recruitment and 1 Whether reporters of the local papers may be allowed to see the judgment? No Promotion Rules, four posts were to be filled up by promotion and remaining four posts by direct recruitment. Respondent No.1 has filed the reply. According to the reply filed by the respondent-corporation, the cadre strength of the Assistant Manager (Finance and Accounts) is only two and not eight as pleaded by the petitioner. 2. Mr. D.P. Gupta has strenuously argued that the case of the petitioner could not be over looked for promotion by respondent No.1 and his client was required to be considered for the post reserved for Scheduled Caste category by applying 40 point roster. 3. Mr. Neel Kamal Sood has argued that the cadre strength of the posts of Assistant Managers (Finance and Accounts) is only two and the case of the petitioner shall be considered as and when post is available for the category to which the petitioner belongs. 4. I have heard the learned counsel for the parties and have perused the pleadings carefully. 5. In the first recruitment year, i.e. 1987, one post of Assistant Manager (Finance) being single vacancy was given to the general category candidate. The second post though was required to go to Scheduled Caste candidate, however, by mistake the Scheduled Tribe candidate, namely, D.S. Negi was appointed as Assistant Manager (Finance and Accounts). The cadre strength of Assistant Managers (Finance and Accounts) is two and not eight, as argued by Mr. D.P. Gupta. These posts are not inter-transferable. The criteria for filling up the posts of Assistant Manager (Finance and Accounts) and Assistant Manager (Personnel/Commercial/ Engineering/ Store/ Marketing) is different. The petitioner has not assailed the promotion granted to Sh. D.S. Negi. Moreover, since one post is already occupied by a candidate belonging to Scheduled Tribe category and in case the petitioner had been promoted; it would have amounted to 100% reservation. However, the present petition is disposed of with the direction to the respondents to consider the case of the petitioner as and when the vacancy in the category of Scheduled Caste is available. No costs. (Rajiv Sharma), Judge 9.8.2010 *awasthi*