IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.18408 of 2008 Date of Decision: November 02 , 2010 Darshan Lal & another .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gurbachan Singh, Advocate, for the petitioners. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab . . . AJAI LAMBA, J (Oral) 1. This writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to implement Reservation Policy issued by respondent No.3 i.e. Secretary to Government, Department of Welfare of Schedule Castes and Backward Classes, vide Letter dated 17.6.1983 (Annexure P-5) and to promote the petitioners as Lecturers in Political Science as per quota meant for scheduled caste candidates. CWP No.18408 of 2008 [2] 2. It has been pleaded that the petitioners having qualified M.A. in Political Science, are eligible to be promoted as Lecturers in Political Science. The petitioners have been serving as Masters. The petitioners belong to Scheduled Caste category and claim to be eligible for promotions as Lecturers in Political Science against 20% posts reserved for Scheduled Castes category as per Instructions dated 17.6.1983. In Para 7 of the petition, it has been pleaded that as per promotion order, no post was given to scheduled caste which is in violation of instructions. 3. The respondents have taken the following stand in preliminary submissions (relevant portion):- “In this regard it is respectfully submitted that the posts of lecturers with the payscale of Rs, 6400-10640 have started falling in Group B of posts w.e.f. 08-09-2000. A copy of the ÁPPENDIX’ attached to Punjab Civil Services (General and Common conditions of Services) Rules, 1994 as amended upto 31st December 2001 thereby classifying the posts with the maximum of payscale 10640 as Group B, is annexed herewith as Annexure R-1. It would also be worthwhile to mention here that prior to 08-09-2000 the posts of lecturers, as per the Service Rules namely “The Punjab State Education-Class III (School Cadre) Service Rules, 1978”amended in 1995 had been treated as Class-III or Group C posts and reservation to the extent of 20% of promotion quota was being provided to Scheduled Castes employees. It would further be pertinent to mention here that the provisions of Punjab Civil Services (General and Common condition of Services) Rules, 1994 as amended upto 31-12-2001, have over riding effect on the Service Rules, Rule 20 of the rules ibid is being reproduced as hereunder. “20 Over riding effect:- The provisions of these rules shall have effect notwithstanding anything contrary contained in any rules for the time being in force for regulating the CWP No.18408 of 2008 [3] recruitment and conditions of service for appointment to public service and posts in connection with the affairs of the State.” Hence, w.e.f. 08-09-2000, the posts of Lecturers have started failing in Group-B. 2. That since by virtue of an amendment in Punjab civil Services (General and Common condition of Services) Rules, 1994 (Annexure R-1) as already stated above the posts of Lecturers have started falling in Group- B hence, w.e.f. 08-09-2000, as per the instructions dated 17-06-1983 (Annexure P-4) and as per the provisions of section 4(3) of “The Scheduled Casts & Backward Classes (Reservation in Services) Act 2006 14% reservation is being provided to Group B posts A copy of the clarification dated 14-08-2007 is being annexed herewith a Annexure R-2. Thus, as per 14% reservation for schedules castes candidates, 102 posts of male lecturer in Political Science in promotional quota are required to be earmarked for schedules castes candidates, however 138 male scheduled castes employees have already been promoted as Lecturer Political Science, resulting into the promotion of 36 Scheduled castes employees in excess of quota. Hence, no male scheduled castes employee has been ordered to be promoted as lecturer in Political Science vide promotion order dated 03-05-2008 (Annexure P-3).” 4. From the above extracted portion, it has been brought out that 102 posts of male Lecturers in Political Science subject were earmarked for scheduled caste candidates in promotional quota, however, 138 male scheduled caste employees have already been promoted as Lecturers in Political Science resulting in promotion of 36 scheduled caste employees in excess of quota. It is under these circumstances that no male scheduled caste employee has been ordered to be promoted as Lecturer in Political Science vide order of promotion dated 30.5.2008 (Annexure P-3). 5. No replication has been filed by the petitioners. Gist of the prayer of the CWP No.18408 of 2008 [4] petitioners appears to be that reservation has not been given effect in promotional quota. As per stand of the respondents, which is admitted as there is no denial, already 36 persons have been given promotion in excess to the quota. 6. In view of the above given facts that emerge from the pleadings, no ground for interference in extraordinary writ jurisdiction is made out. 7. The petition is dismissed. (AJAI LAMBA) November 02, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?