24.02.2025 GURDEV SINGH SINCE DECEASED THROUGH HIS LRS GURDEV SINGH SINCE DECEASED THROUGH HIS v. CORAM
Case Details
2024 (O&M) LPA-3393-2024 (O&M) 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (114) (O&M) LPA-3393-2024 (O&M) .2025 Date of Decision:-24.02.2025 GURDEV SINGH SINCE DECEASED THROUGH HIS LRS GURDEV SINGH SINCE DECEASED THROUGH HIS LRS GURDEV SINGH SINCE DECEASED THROUGH HIS LRS ……Petitioner ……Respondents STATE OF PUNJAB AND OTHERS STATE OF Versus CORAM:
Legal Reasoning
LISA GILL HON’BLE MRS JUSTICE LISA GILL ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Sandeep Kumar, Advocate Mr. Sandeep Kumar, Advocate for the appellant. LISA GILL, J. LISA GILL **** 1. Prayer in this appeal is for setting aside order dated 23.11.2023 Prayer in this appeal is for setting aside order dated 23.11.2023 Prayer in this appeal is for setting aside order dated 23.11.2023 passed by learned Single Bench dismissing the writ passed by learned Single petition filed by the dismissing the writ petition filed by the appellant-writ writ petitioner as well as order dated 15.03.2024 , as well as order dated 15.03.2024, whereby, review application filed by the applicant has also been dismissed. review application filed by the applicant has a review application filed by the applicant has a 2. now represented by his legal heirs had filed now represented by his legal heirs had filed Appellant, now represented by his legal heirs had filed CWP-18198 18198-1996, for setting aside order dated 20.03.1996 reverting him aside order dated 20.03.1996 reverting him from the post of Joint Director to that of Deputy Director. He from the post of Joint Dire also ctor to that of Deputy Director. He also on the post of Joint challenged promotion granted to respondent No. 3 on the post of Joint challenged promotion granted to respondent No. 3 challenged promotion granted to respondent No. 3 Director (Local Audit) vide order dated 29.10.1996. (Local Audit) vide order dated 29.10.1996. 3. Appellant was promoted to the post of vide promoted to the post of Joint Director vide PARUL 2025.02.28 11:49 I attest to the accuracy and authenticity of this document Punjab order dated 21.09.1995 for a period of six months or till approval of Punjab order dated 21.09.1995 for a period of six months or till order dated 21.09.1995 for a period of six months or till 2024 (O&M) LPA-3393-2024 (O&M) 2 2 Public Service Commission is received. Public Service Commission is received owever, vide order dated . However, vide order dated 20.03.1996, , it was directed that on expiry of the validity f it was directed that on expiry of the validity period of temporary promotion of appellant, he would work temporary promotion of appellant, of he would work qua vacant post of (Local Audit) Head Quarters. Deputy Director (Local Audit) Head Quarters Deputy Director 4. Learned Single Bench consider while considered the issue as raised and while referring to judgment of Hon’ble to judgment of Hon’ble Supreme Court Vs. Supreme Court in “Ajit Singh Januja Vs. State of Punjab,” 1996 (2) SCC 715, dismissed State of Punjab
Decision
with the dismissed the writ petition with the following observation: following observation 6. “In R.K. Sabharwal's case, this Court has treated the Sabharwal's case, this Court has treated the Sabharwal's case, this Court has treated the members of the Scheduled Castes and Backward Classes in members of the Scheduled Castes and Backward Classes in members of the Scheduled Castes and Backward Classes in two categories i.e. those who are appointed or promoted two categories i.e. those who are appointed or promoted two categories i.e. those who are appointed or promoted having competed with general category candidates on merit having competed with general category candidates on merit having competed with general category candidates on merit asis of reservation and those who are appointed/promoted on basis of reservation and those who are appointed/promoted on b and roster. For those who have competed on merit it has been and roster. For those who have competed on merit it has been and roster. For those who have competed on merit it has been held that their number is not to be taken into consideration held that their number is not to be taken into consideration held that their number is not to be taken into consideration while working out the percentage of reservation. In respect of while working out the percentage of reservation. In respect of while working out the percentage of reservation. In respect of ses, those members of Scheduled Castes and Backward Classes, those members of Scheduled Castes and Backward Clas who have been appointed/promoted on the basis of reservation who have been appointed/promoted on the basis of reservation who have been appointed/promoted on the basis of reservation and roster, it has been said in clear and unequivocal terms and roster, it has been said in clear and unequivocal terms and roster, it has been said in clear and unequivocal terms that the "running account" shall stop after the quota provided that the "running account" shall stop after the quota provided that the "running account" shall stop after the quota provided under the instructions is reached and the roster cannot be under the instructions is reached and the roster cannot be under the instructions is reached and the roster cannot be thereafter. In other words, there is no question of operated thereafter. In other words, there is no question of thereafter. In other words, there is no question of promoting further number of such candidates, who have been promoting further number of such candidates, who have been promoting further number of such candidates, who have been appointed/promoted on the basis of reservation and roster. appointed/promoted on the basis of reservation and roster. 7. If the contention of the respondents is accepted as has If the contention of the respondents is accepted as has If the contention of the respondents is accepted as has been done by the High Court that such appointees/promotees been done by the High Court that such appointees/promotees been done by the High Court that such appointees/promotees can be considered against posts meant for general category can be considered against posts meant for general category can be considered against posts meant for general category candidates merely because they have become senior on the candidates merely because they have become senior on the candidates merely because they have become senior on the motions then, according to us, that basis of accelerated promotions then, according to us, that motions then, according to us, that exercise shall amount to circumventing the judgment of the exercise shall amount to circumventing the judgment of the exercise shall amount to circumventing the judgment of the Constitution Bench of this Court in the Sabharwal's case, Constitution Bench of this Court in the Sabharwal's case, Constitution Bench of this Court in the Sabharwal's case, because for all practical purposes the promotions of such because for all practical purposes the promotions of such because for all practical purposes the promotions of such PARUL 2025.02.28 11:49 I attest to the accuracy and authenticity of this document 2024 (O&M) LPA-3393-2024 (O&M) 3 3 account candidates are being continued like a running account candidates are being continued like a running although the percentage of reservation provided for them has although the percentage of reservation provided for them has although the percentage of reservation provided for them has been reached and achieved. Once such reserved percentage been reached and achieved. Once such reserved percentage been reached and achieved. Once such reserved percentage has been achieved and even the operation of the roster has has been achieved and even the operation of the roster has has been achieved and even the operation of the roster has stopped, then how it will be permissible to consider such stopped, then how it will be permissible to consider such stopped, then how it will be permissible to consider such or being promoted against the general category candidates for being promoted against the general category or being promoted against the general category posts on the basis of their accelerated promotion, which has posts on the basis of their accelerated promotion, which has posts on the basis of their accelerated promotion, which has been achieved by reservation and roster.” been achieved by reservation and roster. 5. Aggrieved therefrom, this appeal has been filed. Learned this appeal has been filed. Learned s no question of applicability of counsel for the appellant argues that there is no question of applicability of counsel for the appellant argues that there i counsel for the appellant argues that there i judgment of Hon’ble Supreme Court in Ajit Singh judgment of Hon’ble S (supra) in Ajit Singh Januja’s case (supra) in the present scenario as promotion had already been afforded to the the present scenario as promotion had already been afforded to the the present scenario as promotion had already been afforded to the the present scenario as promotion had already been afforded to the appellant by the time by the time said judgment was passed. The same could not have passed. The same could not have ed in service, as it was to be effective with retrospective effect. been pressed in service, as it was to be effective with retrospective effect. ed in service, as it was to be effective with retrospective effect. 6. We take note of the fact that it was temporary take note of the fact that it was indeed temporary afforded to the appellant vide order dated 21.09.1995 promotion which was afforded to the appellant vide order dated 21.09.1995 afforded to the appellant vide order dated 21.09.1995 promotion which for a period of 6 months or till approval of Punjab Public Service for a period of 6 months or till approval of Punjab Public Service for a period of 6 months or till approval of Punjab Public Service for a period of 6 months or till approval of Punjab Public Service Commission. Necessarily with the passing of judgment as above approval Commission. Necessarily with the passing of judgment as above approval Commission. Necessarily with the passing of judgment as above approval Commission. Necessarily with the passing of judgment as above approval order directing him to work on the vacant post of could not be granted and order directing him to work on the vacant post of order directing him to work on the vacant post of could not be granted hus impugned order dated irector was passed on 20.03.1996. Thus impugned order dated irector was passed on 20.03.1996 Deputy Director was passed on 20.03.1996 23.11.2023 as well as 15.03.2024 have been correctly passed. 23.11.2023 as well as 15.03.2024 have been correctly passed. 23.11.2023 as well as 15.03.2024 have been correctly passed. 7. 226 days in We take note of the fact that there is a delay of 226 days in We take note of the fact that there is a delay of filing the appeal. Explanation set forth for filing the appeal. - for the delay is that applicant- appellant-(i) (i) i.e. widow of the deceased is an old lady of 68 years, suffers ased is an old lady of 68 years, suffers from various old age ailments and was bed ridden for last 4 from various old age ailments due was bed ridden for last 4-5 months, due to which the delay in filing the appeal has occurred. It is pertinent to note to which the delay in filing the appeal has occurred. It is pertinent to note to which the delay in filing the appeal has occurred. It is pertinent to note to which the delay in filing the appeal has occurred. It is pertinent to note ailment of said that apart from the absence of any document to indicate ailment of said that apart from the absence of any document to indicate that apart from the absence of any document to indicate PARUL 2025.02.28 11:49 I attest to the accuracy and authenticity of this document 2024 (O&M) LPA-3393-2024 (O&M) 4 4 two other legal representatives of deceased employee applicant, there are two other legal representatives of deceased employee two other legal representatives of deceased employee applicant, there are aged 49 and 47 years respectively. We do not find any i.e. his two sons aged 49 and 47 years respectively. We do not find any aged 49 and 47 years respectively. We do not find any i.e. his two son of 226 days in filing this reasonable explanation for condonation of delay of 226 days in filing this reasonable explanation for condonation of delay reasonable explanation for condonation of delay appeal. 8. Appeal is accordingly dismissed being time l is accordingly dismissed on merit as well as being time barred. 9. Pending application(s), if any, is/are disposed of accordingly. Pending application(s), if any, is (LISA GILL) JUDGE (ALOK JAIN) JUDGE February 2 Parul 24, 2025 Whether speaking/reasoned: Whether Reportable:- speaking/reasoned:- Yes/No Yes/No PARUL 2025.02.28 11:49 I attest to the accuracy and authenticity of this document