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A. S. ANAND, G. B. PATTANAIK, K. VENKATASWAMI, J. JAGANNADHA RAO, S. P. KURDUKAR
Ajit Singh – Appellant
Versus
State Of Punjab – Respondent
Key Points: - The Court holds that roster point promotees cannot count their seniority in the promoted category from the date of continuous officiation against general candidates senior to them (!) (!) . - It affirms that Virpal and Ajit Singh were correctly decided and that Jagdish Lal is not correctly decided (with Jagdish Lal’s reasoning on continuous officiation delinked from roster promotees) (!) . - It analyzes the prospectivity of Sabharwal and Ajit Singh, concluding that roster rulings and seniority adjustments must be handled prospectively, balancing Articles 14 and 16(1) with 16(4) and 16(4A) and that excess roster promotions before 10.2.1995 may require review after the decision, but seniority benefits cannot be granted beyond what the judgments allow (!) (!) (!) (!) .
Judgment
M. Jagannadha Rao, J.-We have before us these three Interlocutory Applications Nos. 1 to 3 filed for “clarification” by the State of Punjab in Civil Appeal Nos. 3792-94 of 1989 (Ajit Singh Januja & Ors v. State of Punjab1) (hereinafter referred to as Ajit Singh in this judgment). The matter concerns a dispute relating to seniority of reserved candidates and general candidates.
2. At the outset we make it clear that in this judgment we are not concerned with the reservation policy of the State or with the validity of any procedure fixing roster points for purpose of promotion of reserved candidates. We are here dealing only with a limited question relating mainly to seniority of the reserved candidates promoted at roster points.
3. We also make it clear that what we are deciding today is based on principles already laid down by this Court since 1950 and in particular since 1963. Basing on those principles, we are concerned with the limited question as to whether Union of India v. Virpal Singh2 and Ajit Singh Januja v. State of Punjab (supra), which were earlier decided in favour of the general candidates are to be affirmed or whether the latter deviation made in Jagdish L
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