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2004 Supreme(SC) 1388

Y.K.SABHARWAL, D.M.DHARMADHIKARI
MANGAT RAM – Appellant
Versus
State Of Punjab – Respondent


ORDER

1. The appellant, a Senior Assistant, who belongs to a Scheduled Caste category, made a claim for promotion to the post of Superintendent Grade II, C that was created in the office of Advocate General in the State of Punjab, in the year 1991. That was a second post which had been created, first having been created in the year 1987. The case of the appellant was that the post created in the year 1991 should be treated as reserved for Scheduled Caste candidate. The claim of the appellant was not accepted and the post was filled by appointing a general category candidate, one Dina Nath Singla, who retired from service on 31-10-1996. The appellant did not challenge the promotion of Dina Nath Singla and the action of post not being filled by a candidate of reserved category in the year 1991. When the post fell vacant on retirement of Mr Singla, again it was filled by appointment of a general category candidate, namely, Respondent 3, on 7-2-1997. The claim that the reservation ought to have been carried to two subsequent recruitment years e was rejected by the respondent State Government. The respondent also took the stand that the two subsequent years means calendar years and not










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