C.W.P.No.5997 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.5997 of 2007 Date of Decision : 07.04.2008 Mulakh Raj Luthara .....Petitioner versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Deepak Sharma, Advocate for the petitioner. Shri O.P.Sharma, Additional Advocate General, Haryana, for respondent No.1. Shri Vishal Gupta, Advocate for respondent No.2. Shri Gurdev Singh, Advocate for respondent No.3. -.- 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? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 17.04.2007, Annexure P-2, whereby the petitioner was reverted from the post of Account Officer. Learned counsel for respondent No.2 at the outset produced a photocopy of the order dated 18.2.2008, whereby the petitioner has been promoted to the post of Accounts Officer. However, learned counsel for the petitioner argued that the C.W.P.No.5997 of 2007 2 impugned order is not sustainable in law as the posts in the cadre of Account Officer are not required to be filled up through direct recruitment and through promotion in the ratio of 50:50 as held by the Managing Director. It is pointed out that in the Rules, the mode of recruitment is by direct recruitment/promotion/deputation and, therefore, it is for the competent Authority to decide that how the post of Account Officer is to be filled up. Once the competent Authority has promoted the petitioner to the post of Accounts Officer vide order dated 3.11.2006, Annexure P-1, the petitioner could not have been reverted for the reason that the quota of direct recruitment has been exceeded as the promotion of the petitioner would be against the quota of promotee. Learned counsel for the respondents argued that in fact, Balwan Singh, respondent No.3, Accounts Officer, belongs to Scheduled Castes category, has submitted a representation on the ground that the post meant for direct recruitment of the Scheduled Castes category has been filled up by promotion. On the said representation of respondent No.3, the order Annexure P-2 was passed. It is pointed out that the order does not deal with the said aspect, but in substance, the order is to grant benefits of reservation to Scheduled Castes candidates. Having heard learned counsel for the parties, we are of the opinion that the order Annexure P-2 cannot be sustained in law. In the said order, the factum of representation is recorded, but the order is on account of the fact that 50% posts of Accounts Officer are to be filled up through direct appointment and 50% through promotion. However, the Recruitment Rules of the Corporation do not support such finding. Once the petitioner C.W.P.No.5997 of 2007 3 has been promoted by the competent Authority on 3.11.2006, it necessarily means that the source of appointment was considered to be by promotion and in exercise of such provision, the petitioner was promoted to the post of Accounts Officer. Therefore, the order Annexure P-2 is illegal. Consequently, the present writ petition is allowed. The order dated 17.4.2007, Annexure P-2 reverting the petitioner, is set aside. The petitioner shall be entitled to all consequential benefits. (HEMANT GUPTA) JUDGE 07-04-2008 (MOHINDER PAL) *mohinder JUDGE