S. RAJENDRA versus UNION OF INDIA AND ORS.

Citation: [1998] 1 S.C.R. 786 · Decided: 11-02-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR, D.P. WADHWA · Disposal: Dismissed

Judgment (excerpt)

A 
S. RAJENDRA 
v. 
>-
UNION OF INDIA AND ORS. 
.• 
FEBRUARY 11, 1998 
B 
[SUJATA V. MANOHAR AND D.P. WADHWA, JJ.] 
Service Law-Promotion on post reserved for SC/ST candidates-Carry 
forward of vacancy as per rules in case no suitable .candidate available for 
c 
recruitment on the post-Time limit for-Vacancy for the post of Deputy 
Superintendent of Jail notified in 1990-0nly 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 
D 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-A1inisterial) 
Recruitment Rules, 1981-Brochure on ''Reservation of Scheduled Casts and 
E 
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 
F of Scheduled Castes and Scheduled Tribes" issued by the Government of 
India. 
y 
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 
H recruitment. In the case of recruitment by promotion, the Rules as amended 
786 
S. RAJENDRA v. U.0.1. 
787 
provided that it would be by promotion from regular assistant Superintendents A 
- "" 
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 fonvard of reservation to subsequent three recruitment years in 
case of only one vacany reserved for SC or ST. But in subsequent recruitment B 
-· 
year(s), even if there was only one vacancy, it should have been treated as 
"Reserved" against the carried fonvard 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 c 
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 fonvard 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 D 
vacancy an ap1>lication 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, 
E 
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 F 
--"°"' 
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

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