| Headnote |
Service Law-Promotion on post reserved for SC/ST candidates-Carry forward of vacancy as per rules in case no suitable .candidate available for recruitment on the post-Time limit for-Vacancy for the post of Deputy Superintendent of Jail notified in 1990-only SC candidate, had not completed three years of service to be eligible for promotion under the Rules to such post-Department applied for de-reservation of the post-Rejected by Government-Government, however, allowed General category candidate to be appointed on an ad hoc basis-Reservation carried forward for three calendar years-Reservation was to lapse in 1994-The SC candidate becoming eligible for promotion in year 1993 itself-Held general candidate appointed on an ad hoc basis is not entitled to be regularised-Government of Pondicherry, Jail Department Group C and Group D Posts (Non-Ministerial) Recruitment Rules, 1981-Brochure on ''Reservation of Scheduled Casts and Scheduled Tribes'' issued by the Government of India, Chapter 11, paragraphs 11.3 and 11.1, Note (1)-Promotion-Ad hoc-Constitution of India, Article 16(4). Words and Phrases-Phrase ''Recruitment Year' '-Meaning of-In the context of Chapter 11, paragraph 11.1 Note (1) of Brochure on ''Reservation of Scheduled Castes and Scheduled Tribes" issued by the Government of India. The appellant was promoted as Assistant Superintendent of Jails on 8.2.1980. Respondent No. 3, a scheduled caste, was directly recruited as a probationer to the post of Assistant Jail Superintendent on 4.11.1988. At the G material time, the seniority list of Assistant Superintendent, the appellant was at serial No. 1 and respondent No. 3 was at serial No. 4. The next promotional post of Deputy Superintendent was to be filled as per Government of Pondicherry, Jail' Department, Group C and Group D Posts (Non-Ministerial) Recruitment Rules, 1981, by promotion failing which by direct recruitment. In the case of recruitment by promotion, the Rules as amended provided that it would be by promotion from regular assistant Superintendents who had put in not less than three years' continuous service in that grade. Paragraph 11.3 in Chapter 11 of Brochure on "Reservation of Scheduled Castes and Scheduled Tribes" issued by the Government of India, provided for carry forward of reservation to subsequent three recruitment years in case of only one vacany reserved for SC or ST. But in subsequent recruitment year(s), even if there was only one vacancy, it should have been treated as "Reserved" against the carried forward reservation from the initial recruitment year, and a SC/ST candidate, if available, should be appointed in that vacancy. A single vacancy for the post of Deputy Superintendent against a roster point which was reserved for a SC candidate arose in year 1978. In that year since no SC candidate was available it was treated as "unreserved" and the reservation was carried forward to the next recruitment year which was 1983 when a single vacancy arose. This vacancy was treated as a "reserved" vacancy. However, since no SC candidate was available for this vacancy an application was made for de-reserving this vacancy which was granted. IT was thereupon filled by a general category candidate and the reservation was carried forward or transferred to the next recruitment year which would now be the initial recruitment year for the reserved vacancy since the earlier point was de-reserved. The next recruitment year was 1990, when the next vacancy arose and the same was reserved for SC candidate. Since no SC candidate was available in 1990, as respondent No. 3, being the only SC candidate, was not eligible for promotion as he had not completed his period of probation, the department applied for de-reservation, which was - rejected and advised the Government to fill up the post on an ad hoc basis ., until a suitable SC candidate became available. Accordingly, appellant was appointed Deputy Superintendent by promotion on an ad hoc basis. This vacancy was accordingly carried forward for three recruitment years being the years 1991, 1992 and 1993. In the meantime respondent No. 3 had completed three years of regular service Accordingly the department moved the Government for appointing respondent No. 3 in the reserved post. The appellant therefore, filed an application before the Central Administrative Tribunal for regularisation of his appointment as a Deputy Superintendent, which was allowed. However, on review of its earlier order on the ground of there being an error apparent on "the face of record, Tribunal dismissed the application of the appellant Hence this appeal. |
