Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Punjab Service of Engineers Class 1 P. W.D. (LB) Rules 1964. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Service Law -Punjab Service of Engineers Class 1 P. W.D. (I.B) Rules 1964.Reservation of post for SC/ST/backward candidates-Roster system relevency in reservation of posts-Where roster is in the form of running account, on yearly basis, once posts are filled up initially on that basis, the percentage of reservation is achieved and so roster need not be continued thereafter - Vacancies arising after initial posts in the cadre are to be filled up only by persons belonging to the same category to which the retiring person belonged/the category to which the post belonged in the roaster- State may carry forward the post on non-availability of reserve candidate-Right to be considered for appointment to a post is only in relation to the number of posts which form the cadre strength-Reservation of posts to be related to cadre strength. Words and phrases-Post', 'Vacancy', 'Running account', 'Cadre strength'-Meaning of-In the context of service jurisprudence.Both the Writ petitioners and the respondents were Engineers working for the Irrigation Department or the Government or Punjab, though the petitioners belong to the general category and the respondents to the reserved category of SC/ST. As per Government instructions, there is 14% reservation for SC and 2% for backward classes for promotion within and to Class I and II, subject to the condition that the candidate has minimum necessary qualifications and a satisfactory record. Thus in a lot of 100 vacancies occurring from time to time, certain serial numbers were reserved for SC and certain other numbers for backward classes. A roster was to be kept and implemented in the form of a running account from year to year. The relevant Rules also laid down other eligibility conditions like the number of years of service in the post etc. though the Government could waive these after recording reasons. The Writ petition challenges this reservation policy.It was the case of the petitioners that they were already working as Executive Engineers when the respondents were promoted superceding several persons. They submitted, inter alia that there should be a nexus between the object of the reservation and the mechanism used to promote the same. To arrive at the reservation figure, both the number of reserve persons in the general category as well as in the reserved posts should be counted. Once a post falls vacant, after the initial posts are filled up on the basis of the roster, then such posts are to be tilled up only by the category of person who were occupying the said post. The petitioners relied on Joginder Singh Sethi and Others v. Punjab Government and Others, (1982) 2 SLR 307. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1995 INSC 108 |
Petitioner | R.k. Sabharwal And Ors. |
Respondent | The State Of Punjab |
SCR | [1995] 2 S.C.R. 35 |
Judgement Date | 1995-02-10 |
Case Number | 79 |
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