The court upheld the reversion of petitioners from Superintendent Grade-II to Senior Assistant, affirming adherence to reservation policies and principles of natural justice.

JUDGMENT

Mr. Jagmohan Bansal, J. (Oral)

The petitioners through instant petition under Article 226 of the Constitution of India are seeking setting aside of order dated 24.04.1997 (Annexure P-7) whereby they were reverted from the post of Superintendent Grade-II to Senior Assistant.

2. The petitioners belong to Scheduled Caste Category. Petitioner Nos.1 & 2 joined respondent as Clerk on 29.03.1969 and 01.04.1969 respectively through Subordinate Services Selection Board. They were promoted as Assistant Grade-B on 12.10.1981 and 30.10.1981 respectively, on reserve roster points. The respondent vide order dated 24.07.1995 promoted 31 employees from the post of Senior Assistant to Superintendent Grade-I. In the said order, it was jotted down that promotion is subject to any order/direction issued by the Supreme Court in writ petitions which are pending and having direct bearing. The respondent in terms of judgment dated 01.03.1996 passed by Supreme Court in Ajit Singh Januja v. State of Punjab, 1996 (2) SCC 715 read with decision of this Court in CWP No.12037 of 1995 issued a show cause notice dated 22.07.1996 (Annexure P-3) calling upon the petitioners to show cause as to why they should not be reverted as Senior Assistant. The respondent formed an opinion that promotion of reserved category candidate has been made in excess of 20% quota. The relevant extracts of the show cause notice dated 22.07.1996 read as:-

"4. In view of above judgment of the Supreme Court of India, the matter has been examined and I am of the view that you were promoted in excess of the 20% reserved quota of scheduled caste category and as such you may be reverted as Senior Assistant with immediate effect in view of the judgment of Hon'ble Supreme Court.

5. Before proceeding further, it has been desired to issue you a Show Cause Notice in the light of the judgment of Hon'ble Punjab & Haryana High Court in CWP No.12037 of 1995 filed by Sh. Joginder Singh & others, as to why you may not be reverted to the rank of Senior Assistant with immediate effect in order to promote the next available/eligible Senior Assistant belonging to general category who is senior to you in the original senority of clerks/steno-typists. Your reply, if any, must reach me within 10 days from the issue of this letter failing which further action will be taken without waiting for your reply."

3. The petitioner vide communication dated 23.07.1996 followed by letter dated 02.08.1996 sought some information from the respondents as well put forth his stand to aforesaid show cause notice. The respondent by impugned order dated 24.04.1997 (Annexure P-7) reverted the petitioners on the post of Senior Assistant. The respondent formed an opinion that promotion of the petitioners was made in excess of 20% quota. The relevant extracts of the impugned order read as:

"2. In view of the above decision of Hon'ble Punjab and Haryana High Court and the decision of Hon'ble Supreme Court of India in the cases of Shri. R.K. Sabharwal and Shri. Ajit Singh Janjua dated 10.02.95 and 1.3.96 respectively and the Instructions issued by the Department of Welfare of SCs/BCs (Reservation Cell) vide their letter No.3/8/95-RG-3/4853, dated 10.7.95 and No.13/3/96- RC III/8804, dated 9.10.96, the case of giving proper reservation to the members of Schedule Castes was examined and on scrutiny, Sarv Shri. Bawa Ram, Som Nath Nahar, Ram Murti and Sansar Chand, Supdt. Grade-II belonging to Scheduled Caste were in excess of 20% pre-scribed quota of reservation meant for the members of Scheduled Castes.

3. Before complying with the above orders of the Hon'ble Supreme court and in view of natural justice, Show Cause Notices were given to above mentioned four Supdt. Grade-II for their reversion to the rank of Sr. Asstts. vide this office U.O. Nos. 1054/Con. SA-3, 1055/ Con. SA-3, 1056/Con. SA-3, and 1057/Con.SA-3 dated 22.7.96. The representations received from them were duly considered on the basis of facts and circumstances of t