LexSTATE OF HARYANA AND ORS. versus PREM SINGH AND ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
STATE OF HARYANA AND ORS.
A
v.
PREM SINGH AND ORS. ETC.
APRIL 5, 2000
[S. SAGHIR AHMAD ANDS. RAJENDRA BABU, JJ.]
B
Service law-Appointment to lateral post by trO(l-Sfer-Benefit of reser-
vation not given-Held : post held both before and after transfer are
equivalent posts and both being class II posts, there was no promotion-No
benefit of reservation either as scheduled caste or otherwise available under
C
the rules.
The appellants claimed benefit of reservation both as Scheduled
Caste members and also as per the rules, by filing a writ petition, the
High Court allowed. Hence this appeal is by the State.
Allowing the appeal, this Court
HELD: 1.1. Respondent No. 1 had worked for about two years on
the equivalent post of Deputy Collector to which post he had been pro-
moted on May 14, 1992 and, therefore, he cannot claim to be appointed as
Tehsildar by transfer. Posts of Deputy Collector and Tehsildar are both
Class Il posts and are equivalent posts. Deputy Collector is a post under
the Irrigation Department, whereas, Tehsildar is a post under the Revenue
Department in the State.
Respondent No. 1 was promoted to the post of Deputy Collector and
was granted regular promotion thereto and the Haryana Public Service
Commission has also approved such promotion. The contention advanced
on behalf of the first respondent that he held a post inferior to that of a
1 Tehsilda_r falls to the ground and, therefore, he cannot claim the benefit of
promotion at all. It is also clear from the Recruitment Rules tltat the case
of the respondent could not have been considered on any other basis.
While respondent No. 1 had been promoted to the post of l;>eputy Collec-
tor by an order made on April 21, 1992, the writ petition was filed on
November 26, 1992. In the circumstances, he could not have made a claim
to the post of Tehsildar at all. (1000-B-E]
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1.2. Even on the basis found by the High Court that the reservation
policy was to apply in respect of transfer from a lower post to a higher
H
997
998
SUPREME COURT REPORTS
(2000] 2 S.C.R.
A
post inasmuch as respondent No. 1 held a post of Deputy Collector equiva-
lent to that of Tehsildar which are both Class II posts be could not have
claimed benefit of reservation in respect of Scheduled Castes. In this view
of the matter, this Court has no hesitation in setting aside the order made
by the High Court. (1000-E-F]
B
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6361 of 1994
Etc.
From the Judgment and Order dated 9.12.93 of the Punjab & Haryana
High Court in C.W.P. No. 955 of 1993.
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C.S. Vaidyanathan, Mukul Rohtagi, Additional Solicitor General, R.F.
Nariman, AK. Srivastava, M.L. Ve1ma., Mahabir Singh, Manoj Swamp, Jasbir
Malik, K.K. Mohan, Pradeep Gupta, Arvind Bansal, Puneet Agarwal, Atul
Bandhu, N.S. Bisht, K.G. Bhagat, Vineet Bhagat, Kamal Baid, Debasis Misra,
Pankaj Kalra, Ravindra Bana, Dr. Ratan Lal, Abbay Prakash Sahay, (Sant Lal
D
Pacher) in-person, B.K. Sharma, Prem Malhotra, Anil Mittal and Ms. Indu
Malhotra for the appearing parties.
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The Judgment of the Court was delivered by
RAJENDRA BABU, J.
CIVIL APPEAL NO. 6361 OF 1994
A writ petition was filed before the High Court of Punjab & Haryana
by the respondents. Facts, in brief, giving rise to this appeal are as follows:
Respondent No. 1 was selected as Ziledar and after completion of
training was appointed in the Irrigation Department in January 1975. Under
the relevant recruitment rules three sources were provided for appointment to
the post of Tehsildar ('B' Class) - (i) 40% by direct recruitment, (ii) 40%
by promotion, and (iii) 20% by transfer from amongst the following
categories :-
(i)
Superintendent of the office of the Deputy Commissioners;
(ii) Assistant Superintendent of Commissioners' and Deputy Com
missioners' office;
(iii) District Kanungoes;
(iv) Zonal Ziledars of P.W.D. (Irrigation Branch] OR
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STATE v. PREM SINGH [RAJENDRA BABU, J.]
(v) Head Assistant of Director Land Records Office.
999
The Government on February 9, 1979 issued instructions wherein it was
stated that the quantum of reservation would be to the extent of 20% for
Scheduled Castes in the case of direct recruitment to Class I, II, III and IV
posts. It was clarified that in all appointments by promotion 20% reservation
will be granted in favour of the Scheduled Castes but such reservation would
be limited to Class III and Class IV posts on the basExcerpt shown. Read the full judgment & AI analysis in Lexace.