-1- Civil Writ Petition No.16751 of 2004. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: May 29, 2008. Kanwaljit Kaur ... Petitioner VERSUS Government of India and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. T.S.Chauhan, Advocate, for the petitioner. Mr. Ajay Gupta, Senior Deputy Advocate General, Haryana, for respondents Nos. 1 and 2. Mr. Girish Agnihotri, Senior Advocate, with Ms. Binayjeet Sheoran, Advocate, for respondents Nos. 3 to 5. None for respondent No.8. -.- MOHINDER PAL, J. In this petition filed under Articles 226/227 of the Constitution of India, Kanwaljit Kaur (petitioner), who belongs to a Scheduled Caste Category, has prayed for issuance of a -2- Civil Writ Petition No.16751 of 2004. writ in the nature of mandamus directing respondents Nos. 1 to 3 to consider her case for promotion as Assistant against the post meant for Scheduled Caste candidates from the year 1992 and consequential promotion to the post of Superintendent from due date under the reservation policy, or after the retirement of Mr.Sham Lal, Superintendent, who stood promoted as such against the reserved vacancy. The petitioner was appointed as Clerk on August 27, 1990 in the office of Executive Officer, Cantonment Board, Ambala Cantt - respondent No.3 (for short `Cantonment Board') against the post reserved for Scheduled Caste category. It is case of the petitioner that she was entitled for promotion to the post of Assistant against the quota reserved for Scheduled Castes as per reservation policy. However, the posts of Assistants, belonging to the Scheduled Castes category, were filled up by promoting the employees of General Categories. The petitioner represented against this action of the Cantonment Board, but to no effect. Later on, she was promoted as Assistant with effect from December 28, 2001, but she was not assigned seniority from the due date. It is pleaded in the petition that when the petitioner was being ignored for promotion to the post of Superintendent under the reservation policy, she served legal notice dated June 26, 2004 (Annexure P-21). However, no action has been taken by the Cantonment Board on the legal notice. Hence this writ petition. -3- Civil Writ Petition No.16751 of 2004. On October 29, 2004, at the time of issuance of notice of motion, the following order was passed by a Division Bench of this Court:- “ Learned counsel for the petitioner states that he would like to limit the claim of the petitioner in the instant case for promotion by way of reservation to the available vacancy in the cadre of Superintendent. Notice of motion for February 17, 2005.” In the written statement filed by the Cantonment Board, it has been stated that the petitioner was afforded rightful benefit of reservation while giving her promotion as Assistant against the reserved vacancy vide order dated December 28, 2001 by ignoring another Clerk, belonging to General Category, who was senior to the petitioner. So far as claim of the petitioner for promotion as Superintendent after the retirement of Mr. Sham Lal is concerned, it has been stated that Mr. Sham Lal, who was promoted as Superintendent under the reservation policy, stood posted as Civil Defence Instructor in 2001 itself and against the vacancy of Superintendent occurred on his posting as Civil Defence Instructor, Mr.Bhagwan Dass Assistant, belonging to reserved -4- Civil Writ Petition No.16751 of 2004. Category, was promoted as Superintendent and the petitioner was promoted as Assistant against the vacancy left by Mr.Bhagwan Dass. It has been pleaded that the claim of the petitioner for promotion as Superintendent under the reservation policy is misconceived and wrong. Smt. Renu Sharma (respondent No.8), who was promoted as Superintendent temporarily under the General Category, in her reply, in a way, adopted the stand taken by the Cantonment Board. Further, she has pleaded that as per the Combined Seniority List of Cantonment Board employees as on May 29, 1989, her name figured at serial No.9 in the seniority list of Clerks whereas the name of the petitioner did not figure in the list and obviously so as the petitioner had joined as Clerk on August 27, 1990. After hearing the learned counsel for the parties and in view of the contents of the written statement filed by the Cantonment Board, we do not find any ground which may warrant interference in exercise of writ jurisdiction of this Court. As per Post Based Roster, the vacancy of reserved categories fell vacant due to the posting of Mr. Sham Lal, Superintendent (reserved) as Civil Defence Instructor. Another vacancy of Superintendent (unreserved) fell vacant on the retirement of Mr.Gian Chand, Superintendent. Mr.Bhagwan Dass, Assistant (reserved) was promoted as Superintendent against the vacancy left by Mr.Sham Lal Superintendent and Mr.Subhash Chawla, Assistant (unreserved) was promoted as -5- Civil Writ Petition No.16751 of 2004. Superintendent against the vacancy left by Mr. Gian Chand, Superintendent. These promotions were made by the Cantonment Board vide Resolution No.4 dated November 29, 2001, after finalizing the Combined Seniority List and after hearing objections of the Cantonment Board employees. Smt. Renu Sharma (respondent No.8), who was Assistant (unreserved) was promoted as Superintendent temporarily against the vacancy which arose on the retirement of Mr.Kul Bhushan Chawla (unreserved Superintendent). No discrimination has been done to the petitioner. As stated above, she was promoted to the post of Assistant timely by giving her the benefit of reservation. It is own case of the petitioner in her replication filed to the written statement of Cantonment Board that after July 02, 1997, Post-based Roster was introduced whereunder the post vacated by a Scheduled Caste should go to a Scheduled Caste and a post vacated by a General Category employee should go to a general category employee. As stated above, the Cantonment Board followed this Post-based Roster while filling up the vacancies left by Mr.Sham Lal, Superintendent (reserved) and Mr.Gian Chand, Superintendent (unreserved). Mr.Bhagwan Dass, Assistant (reserved) was promoted as Superintendent against the vacancy created by the posting of Mr.Sham Lal Superintendent as Civil Defence Instructor and Mr.Subhash Chawla, Assistant (unreserved) was promoted as Superintendent against the vacancy occurred due to the retirement of Mr. Gian Chand, -6- Civil Writ Petition No.16751 of 2004. Superintendent (unreserved). Smt. Renu Sharma, Assistant (unreserved)-respondent No.8 was promoted as Superintendent temporarily against the vacancy arisen on the retirement of Mr. Kul Bhushan Chawla (unreserved Superintendent). Consequently, this writ petition is dismissed being without any merit. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE May 29, 2008. ak