CWP(T) No.6998/2008 23.08.2010 Present: Mr. H. K. Paul, Advocate for the petitioners. Mr. R. M. Bisht, Dy. A.G. for respondents No.1 to 3 Mr. Bhim Raj, vice Mr. Y. P. S. Dhaulta, Advocate for respondent No.4. Annexure A-4 which has been impugned by the petitioners reads as under:- “OFFICE OF THE DEPUTY COMMISISONER MANDIDISTRICT MANDI (H.P) No.DRO /SK/99-1:5784-89 dated Mandi the 27th Sept., 2000 ‘ORDER’ WHERESAS Sh. Het Ram Kanungo and Sh. Ramesh Kumar Patwari of this district preferred appeals disputing the promotions made to the grade of kanungo in particular of candidates belonging to the reserved categories of scheduled caste ands scheduled tribe; WHERESAS the main plea in the lis was founded on alleged erroneous apportionment of the share of total vacancies favouring the above reserved classes; WHERESAS finding merit in the above plea and accepting the appeals in principle the ld. Divisional Commissioner, Mandi directed review of all cases of promotion made to the grade of Kanungo ever since February, 1989 with further stipulation to redetermine separately the shares of General Category, Scheduled Caste and Scheduled Tribe classes in strict accordance with the formula contained in Govt. Letter No.Per(AP-II)F(1)-1/87 dated 31.1.89 and to bring the promotions in- line with the quotas so worked out; WHERESAS in compliance with the said directions the D.P.C. taking stock of the situation on year to year basis has observed that the following persons of reserved categories who incidentally happen to be the junior most inter-se their peers adjusted against the reserved points arising during the recruitment year commencing from February, 1989 to 1999 occupy position in excess of the share of the aforesaid reserved categories and in consequence have perforce to be down graded to their original ranks:- 1. S.Sh. Man Singh 2. Nathu Ram 3. Krishan Chand 4. Hari Singh 5. Naginder Kumar 6. Karam Singh NOW THEREFORE, I hereby put each one of them on notice to the effect that unless otherwise directed on consideration of the representation he may make within a month, he shall stand reverted for administrative reasons to the feeder grade of patwari on the expiry of a period of two months, reckoned from the date of this order. Sd/- Deputy Commissioner, Mandi, District Mandi (HP)” 2. In terms of this order reference is made to the order passed by the Divisional Commissioner, Mandi who has simply directed the Deputy Commissioner to pass an appropriate order by taking into account the relevant instructions issued by the Government. Petitioners were to make a representation within one month from the date of receipt of the order. Instead of making such representation petitioners filed the instant petition and on 20.10.2000 following order was passed:- “Notice pending admission reply be filed within six weeks. Learned Addl. Advocate General waives service of notice on behalf of respondents. In the meantime the operation of impugned order dated 27.9.2000 (Annexure A-4) qua the applicant is stayed till further orders. Dasti.” 3. There is no dispute that this order is in continuation till date. 4. In the reply, the respondents have categorically stated that petitioners otherwise are not entitled for promotion for the reason that the posts for the reserved categories already stand filled-up in access. 5. Without going into the merits of the instant case petitioners are permitted to comply with the order dated 27.9.2000 and a direction is issued to the Deputy Commissioner to decide the petitioners’ representation within a period of three months from the date of receipt thereof. Such decision shall be taken in accordance with law, uninfluenced by any observations made by the Divisional Commissioner on merits. Petitioners undertake to make a representation within a period of 4 weeks from today. Needless to add, before deciding the representation, if required, petitioners shall be afforded adequate opportunity of hearing/representation. The authority shall pass a reasoned order which shall be communicated to the petitioners. Till the decision is taken by the authority, in terms of order dated 27.9.2000 petitioners shall not stand reverted till the representations are decided. With the aforesaid observations, the petition stands disposed of. ( Sanjay Karol ), Judge. August 23, 2010 (rana)