JUDGMENT :

Petitioner has approached this Court, seeking direction to consider his case for promotion to the post of Superintendent Grade-II after completion of six years service as a Senior Assistant on 03.09.2017, alongwith all consequential benefits, including seniority, continuity, annual increments, earned leave and all other consequential benefits including arrears accruing thereon on this account.

2. Undisputed facts in present case are that petitioner is serving as a Senior Assistant in the Municipal Corporation, Shimla (hereinafter referred to as “the Corporation’). Next promotional avenue available to him is the post of Superintendent Grade-II. There are six posts of Superintendent Grade-II in the Corporation. Appointment/promotion to the post of Superintendent Grade-II is governed by 13 Point Roster. Before 2015, exercise of power by the Corporation was under cloud, but after 2015, the Corporation has been declared appointing authority for the posts, in reference, in present petition. Therefore, Corporation has started to maintain Roster (13 Point) for the post of Superintendent Grade-II w.e.f. 29.05.2015. Roster being maintained by the Corporation, supplied to the petitioner under Right to Information Act, 2005, has been placed on record as Annexure A-7 with rejoinder and the same is not disputed by the respondents. It is also admitted fact that on 29.05.2015 all six posts were occupied by incumbents posted against those posts. As per 13 Point Roster, first six posts are to be allotted to and filled by Un-Reserved category and thereafter first vacancy shall be against 7th point in Roster and the said vacancy shall go to Scheduled Caste category and, thereafter, again vacancies from 8 to 13 are to be provided for Un-Reserved category, i.e. open for all, i.e. General, Scheduled Caste and Scheduled Tribe. On 29.05.2015, all six posts were occupied and out of them first and sixth posts were occupied by Scheduled Caste candidates on the basis of their seniority and remaining four posts were occupied by General category candidates. But all candidates had consumed first six Roster points available for Un-Reserved.

3. In Annexure A-7 plotting of appointment to the post of Superintendent Grade-II as per 13 Point Roster is as under:-

Table-A

Superintendent Grade-II= 6 Posts

4. Person appointed against first post, namely Bhagi Ram belonging to Scheduled Caste category, but posted against Un-Reserved vacancy on the basis of his seniority, retired on 31.08.2015 and person posted against Roster Point 4 namely Diwan Chand retired on 31.01.2016 and, resultantly, two vacancies were available to be filled in against Roster Points 7 and 8. Roster Point 7 was reserved for Scheduled Caste, whereas Roster Point 8 onwards up to Roster Point 13 were available as Un-Reserved Roster Poin