CWP NO.2789 OF 1988 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 10.09.2008 Ram Rattan Sharma ...Petitioner VERSUS The State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.T.S.Dhindsa, Advocate for the petitioner Mr.S.S.Sahu, AAG, Punjab for the respondent Ms.Maninder, Advocate for respondent no.3 Permod Kohli, J. (Oral) The petitioner has assailed appointment of respondent no.3 to the post of Research Officer/District Statistical Officer against the Roster Point No.26 maintained for backward class candidates. It may be useful to briefly notice the factual background of the case. The petitioner joined the Government service on the post of Statistical Assistant vide letter dated 5.2.1970. The petitioner was backward class candidate. He applied against the quota reserved for backward class. At the relevant time, there was 2% reservation for backward class as notified by the State CWP NO.2789 OF 1988 :2: Government. The petitioner was later on promoted to the post of Technical Assistant on 5.7.1974. The next promotion of the petitioner in the hierarchy of service was to the post of Research Officer/District Statistical Officer. It is contended on behalf of the petitioner that the petitioner had acquired the requisite qualification and was also eligible to be promoted to the aforesaid post of Research Officer/District Statistical Officer. Promotion/recruitment to various cadres in the statistical organization was governed and regulated by the statutory rules known as “Punjab Economic and Statistical Organization (State Service Class III) Rules, 1963. Rule 7 of the aforesaid Rule prescribes the mode of appointment and qualification. The relevant extract of the aforesaid Rule is as under:- “7. Mode of Recruitment and qualifications:- (1)Posts in the Service shall be filled in the following manner:- (a)In the case of Research Officer or District Statistical Officer,- (i)fifty percent by promotion from amongst Technical Assistants and Scrutiny Inspectors working in the Economic and Statistical Organization, Punjab; and (ii)fifty per cent by direct appointment; (b)In the case of Senior Artist by promotion from amongst Artist-cum-Draftsmen working in the Economic and Statistical CWP NO.2789 OF 1988 :3: Organization, Punjab: Provided that if no suitable candidate is available for appointment by promotion, the post shall be filled in by direct appointment. (2)No person shall be appointed to any post in the Service unless he possesses the qualifications and experience specified in Appendix “B” to these rules.” From the aforesaid Rule, it appears that 50% quota was made for promotion from amongst the Technical Assistant and Scrutiny Inspectors working in the Economic and Statistical Organization, Punjab and 50% quota meant for direct recruitment. The petitioner genuinely was entitled to be considered against the 50% quota meant for promotion. Sub Rule (2) further provides that the appointment to the service shall be on the basis of the qualifications and experience specified in Appendix “B”. Under the Appendix B, following qualification/experience was required for the post of Research Officer:- Sr.No Designation of Post By promotion Research Officer (a) Master's degree in Economic or Mathematics or Agricultural Economics or Commerce with Statistics as one of the papers or Master's degree in Statistics from a recognized University. b)An experience of working on either or both of the posts of Technical Assistants and Scrutiny Inspectors for a minimum period of three years in the Economic and Statistical Organization. It is admitted case of the petitioner that he as also CWP NO.2789 OF 1988 :4: respondent no.3 was possessed of requisite qualification and experience at the time of promotion of respondent no.3 to the post of Research Officer. Respondent no.3 came to be promoted as Research Officer on 16.11.1977 (Annexure P-4) against Roster No.26 meant for the Backward Classes. The challenge to the promotion of respondent no.3 is based upon following grounds:- (1)That the initial entry of respondent no.3 to the service was as a General Category Candidate and he was not entitled to be promoted against the vacancy/roster point meant for the reserved category of backward classes. (2)That even if it is assumed that respondent no.3's initial entry was as a backward class candidate, he was not entitled to be appointed as his net annual income exceeded Rs.1800/- per annum, in view of the government instructions dated 20.4.1963 and supplemented by 2.4.1981. The contention of the petitioner is, however, vehemently contested by the respondents who have filed the disclaimers to the petition. In paragraph 8 of the writ petition, the petitioner has specifically made allegations regarding the status of respondent no.3 and service entry as a General Category Candidate. In reply thereto, the respondents have specifically stated that respondent no.3 applied against the post of Statistical Assistant in the Department against direct recruitment quota to the Service Selection Board and on his selection, he was appointed vide appointment order dated CWP NO.2789 OF 1988 :5: 27.1.1965 (Annexure R-3). From the perusal of the appointment letter, it is evident that against his name at Sr.No.6, he is shown to be a backward class candidate. The respondent no.3 also filed an affidavit before his appointment indicating therein that his annual income from all sources does not exceed Rs.1800/- as was the requirement of the Government instructions for grant of benefit of Backward Class to a candidate for appointment in the Government Service. This affidavit seems to have been filed on 3.10.1964 i.e. prior to his date of the appointment. It is also contended by Mr. Dhindsa, learned counsel for the petitioner that at the time of appointment of respondent no.3 as Statistical Assistant, he was already serving as Computer Investigator having been appointed on 3.8.1961. His initial appointment as Computer Investigator was against General Category. He was drawing adequate salary as a Computer Investigator, and his income must be more than Rs.1800/- per annum at the time of his entry as Statistical Assistant. Further contention of the learned counsel for the petitioner is that since initial entry of respondent no.3 in the Government service was as a General Category candidate, he was not entitled to the benefit of promotion against the Roster Point/reservation as a backward class candidate. Respondent no.3 has filed his disclaimer. In paragraph 3, he has stated that his salary at the time of appointment as Statistical Assistant was Rs.128/- per month and on this basis, his annual income was less than Rs.1800/-. In so far as the other CWP NO.2789 OF 1988 :6: contention of Mr. Dhindsa is concerned, though respondent no.3 joined the Government service as a Computer Investigator in the year 1961, however, he again applied for the post of Assistant against a direct recruitment quota as a Backward Class candidate and was selected by the competent selection board in this category. Once respondent no.3 applied against that recruitment quota, his selection/appointment as Statistical Assistant can only be considered as entry into service as he ceases to be the member of any other service on his appointments and thus, his appointment as Computer Investigator has nothing to do with the appointment as Statistical Assistant, nor can same be considered as entry into this service. It is also admitted position that respondent no.3 was senior to the petitioner as Technical Assistant and there were two roster points fixed for backward class Roster No.26 and 76. Respondent no.3 being senior to the petitioner was considered and promoted/appointed as Research Officer against the Roster point as a Backward Class candidate. There is no illegality whatsoever in his appointment as a backward class candidate. He having applied as a backward class candidate and appointed as such in the service. I find no merit in this writ petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 10.9.2008 MFK CWP NO.2789 OF 1988 :7: CWP NO.2789 OF 1988 :8: