IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 222 of 2011 (S/B) Trilok Singh Martolia .….…… Petitioner Versus State of Uttarakhand and others ………. Respondents. Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Sandeep Adhikari, Advocate for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State/ respondent nos. 1 to 3. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (Oral) The post in question is reserved for Scheduled Caste candidates only. The vacancy for the post can be supplied only by promotion. According to learned counsel for the State in reply to the query posed by this Court on 17th August, 2011 the senior most member of the Scheduled Caste community in the feeder post will become eligible to be promoted to the post in question only in the year 2021. The petitioner who has all other requisite qualifications, but is not a member of Scheduled Caste community, will retire in July 2019. In as much as the post is reserved for Scheduled Caste community the same cannot be filled in at least until 2021; whereas the petitioner despite having all necessary eligibilities will not be able to occupy the said post because he is not a member of the Scheduled Caste community until he superannuates from the services of the State. In the meantime, the State Government will also not be in a position to obtain the benefits of the sanction accorded by the Legislature, whereby the post in question was created, forcing the State to engage only on officiating capacity someone to discharge the duties attached to said post. This will bring in disharmony in administration, heart burning amongst members of the cadre and inefficiency in the administration of the State. We accordingly, direct the respondents to ascertain the suitability of the petitioner for being promoted 2 to the post in question, namely the post of Superintending Engineer (Mechanical) within a period of three months from the date of service of copy of this order upon the respondent no. 1 and if found suitable to promote the petitioner to the post of Superintending Engineer, (Mechanical), despite the said post being reserved for Scheduled Caste community in the background of what has been stated above. It is made clear that no sooner the petitioner will retire and the post will fall vacant, the same would automatically stand reserved for Scheduled Caste community. The writ petition is accordingly disposed of. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 01.11.2011 01.11.2011 Kaushal 3