JUDGMENT

SURINDER SINGH NIJJAR, J.

1. This Interlocutory Application No.6 was filed on 16th March, 2012, by the appellants herein in the S.L.P. (Civil) No. 30143 of 2009, seeking direction to the State of Himachal Pradesh to take a decision on the issue of reservation in promotions on basis of data already collected or submitted to Cabinet Sub Committee on 25th April, 2011 within a period of one month. For the purpose of adjudicating the present I.A., it would be pertinent to make a reference to facts concerning S.L.P. (Civil) No. 30143 of 2009 that was disposed of by this Court on 26th April, 2010.

2. SLP (Civil) No. 30143 of 2009 was filed against judgment and order dated 18th September, 2009 passed by the High Court of Himachal Pradesh. By the said judgment/order, the High Court allowed the CWP-T No. 2628 of 2008 and thereby quashed the instructions dated 7th September, 2007 issued by the State of Himachal Pradesh. The said instructions made provision for reservation in promotions with consequential seniority in favour of Scheduled Castes and Scheduled Tribes in all classes of posts in services under the State.

3. The aforesaid S.L.P. was disposed of on 26th April, 2010 by passing the following order:- "The State of Himachal Pradesh has issued a Circular on 07.09.2007 as regards the promotion of SCs/STs in the State service. The said circular was challenged by the respondent no.1 and the circular was quashed by the High Court by the impugned judgment. Learned counsel appearing for the State submits that the circular issued on 07.09.2007 has since been withdrawn as the State intends to collect more details with regard to representation of SCs/STs and to pass appropriate orders within reasonable time i.e. approximately within three months after collecting necessary details and datas. The petitioner would be at liberty to take appropriate steps, if any adverse order is passed. This Special Leave Petition and the Contempt Petition are thus disposed of finally."

4. Although the present I.A.No.6 is filed in the disposed of SLP, it would be appropriate to notice the manner, in which the order dated 16th April, 2010 came to be passed.

5. On 27th November, 1972, Government of India issued instructions vide letter No. 27-2/71-Estt(SCT), whereby provision was made for providing reservation in promotion for the members of Scheduled Castes and Scheduled Tribes. On 24th April, 1973, State of Himachal Pradesh issued instructions vide Letter No. 2-11/72-DP (Appt.), whereby reservation was provided for promotion of employees. On 9th/13th August, 1973, State of Himachal Pradesh issued instructions vide Letter No 2-11/72-DP (Apptt.), and thereby, followed the Reservation policy of the Union Government relating to promotion for the members of Scheduled Castes and Scheduled Tribes. It may be mentioned here that the Reservation Policy of the Union Government was set out in Letter/Order dated 2nd March, 1972, 24th March, 1972 and 11th August, 1972, 28th October 1972, 30th January, 1973 and 12th March, 1973.

6. Meanwhile on 31st October, 1988, this Court in the case of Karam Chand Vs. Haryana State Electricity Board & Ors., (1989) Supp 1 SCC 342 approved the grant of consequential seniority in promotions given to Scheduled Castes and Scheduled Tribes. The State of Himachal Pradesh, by instructions vide letter No. PER (AP-II) F (1)-1/87 dated 31st January, 1989, introduced Reservation Roster in both direct recruitment and promotions.

7. Later, a Constitution Bench of this Court in Indra Sawhney & Ors. Vs. Union of India & Ors., 1992 (Supp) 3 SCC 217 held that reservation in promotion is not permissible under Article 16(4) of Constitution and directed to discontinue such reservations after 5 years. Thereafter, in R.K. Sabharwal & Ors. Vs. State of Punjab & Ors., 1995 (2) SCC 745 this court held that the operation of roster must stop running when the prescribed quota of posts have been occupied by the reserved category. It was in this backdrop that the Parli