Chandigarh Administration vs Mahipal Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3412

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M.S. RAMACHANDRA RAO, SUKHVINDER KAUR, JJ.
Chandigarh Administration & Ors. – Petitioners
Versus
Mahipal Singh & Ors. – Respondents
CWP-17321 of 2021 (O&M)
Decided On : 02-02-2023

Advocates Appeared:
Mr.Sumeet Jain, Advocate; For the Petitioners
Mr.Puneet Gupta, Advocate, for the respondent No.1.

Headnote:(A) Chandigarh Administration & Ors. - Regulations dated 01.10.2004 - Promotion criteria for Senior Scale Stenographer - Court held that the position was filled by direct recruitment due to inadequate representation of Scheduled Castes; previous appointments indicated no SC representation since 2004 - The process for filling vacancies must follow prescribed Regulations strictly. (Paras 18, 21, 36, 37)

(B) Reservation in promotions - It was held that reservation for Scheduled Castes can be permissible in promotions only where there is proof of inadequate representation; court found petitioners' actions compliant with constitutional provisions. (Paras 36, 39)

Facts of the case:
Respondent No.1, challenged the denial of promotion to Senior Scale Stenographer, which the Chandigarh Administration attempted to fill through direct recruitment for Scheduled Caste candidates, despite vacancies. (Paras 2-6)

Findings of Court:
The Tribunal's order was set aside, emphasizing that regulations allow direct recruitment only when necessary and that promotion processes must prioritize eligible candidates from within. (Paras 39)

Issues: The legality of filling a promoted post by direct recruitment and interpretation of reservation policies for Scheduled Caste candidates. (Paras 24, 36)

Ratio Decidendi: Regulations dictate promotion and filling vacancies must be in accordance with law, overcoming past practices undermining SC candidates’ rights; failure to do so constituted illegality. (Paras 21, 37)

Result: Writ Petition allowed; Tribunal's order set aside.

Table of Content
1. overview of the promotion process and vacancy status. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
2. respondent's argument against the promotion denial. (Para 14 , 15 , 16)
3. tribunal's order and reasoning. (Para 17 , 18 , 19 , 20 , 21 , 22)
4. petitioners' stance on the reservation policy. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30)
5. court's analysis on reservation and promotion legality. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38)
6. final decision to dismiss the oa. (Para 39 , 40 , 41)

JUDGMENT

M.S. Ramachandra Rao, J.

The background facts This Writ Petition is preferred by the Chandigarh Administration and others challenging the order dt.28.11.2020 passed by the Central Administrative Tribunal (respondent No.2) [hereinafter referred to as 'the Tribunal'] in OA-060/00648/2019.

2. Respondent No.1 herein had approached the Tribunal for quashing of an order dt.11.06.2019 read with Advice dt.13.06.2018 and advertisement dt.14.06.2019 by which claim of respondent No.1 for promotion as Senior Scale Stenographer was declined and the post was sought to be filled by way of direct recruitment by reserving it for Scheduled Caste category by the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh [petitioner No.2].

3. Respondent No.1 was appointed as Steno Typist on 24.01.2005 in the pay scale of Rs. 3300-6200.

4. The next promotional post is the post of Senior Scale Stenographer, which is governed by Chandigarh State Commission and District Fora, UT Chandigarh Group 'C' and 'D' Service Regulations, 2004 [for short 'the Regulations'] notified on 01.10.2004.

5. As per the Regulations, 4 posts of Senior Scale Stenographers were to be filled up by promotion failing which by direct recruitment.

6. The promotion was to be from amongst the Junior Scale Stenographers with 5 years of regular service in the category as Junior Scale Stenographer and possessing speed of 120 words per minute in Stenography and 30 words per minute in transcripting the same. If no post of Junior Scale Stenographer exists in the Department, then from amongst the Steno Typists having 10 years of regular service of Steno Typist in the cadre and possessing speed of 120 words per minute in Stenography and 30 words per minute in transcripting the same.

7. It is not in dispute that there is no post of Junior Scale Stenographer in the department where he is serving and only one post of Steno Typist is there.

8. Prior to 2004, the post of Senior Scale Stenographer was filled by direct recruitment as no one was eligible as Junior Scale Stenographer with requisite service and thus, direct recruits were appointed in 1999, on 23.03.2001, 05.12.2003 and 05.12.2003, respectively under General category. It is also not disputed that on promotion of these four persons, four new direct recruits were appointed as Senior Scale Stenographers.

9. Ultimately on promotion of a direct recruit namely Chander Mohan, one incumbent immediate senior to applicant Mr.Ashish Sharma, was promoted as Senior Scale Stenographer on 09.01.2009 in accordance with the Regulations.

10. Thereafter one Jora Singh, a direct recruit Senior Scale Stenographer, had resigned in the month of June, 2017 and therefore, post became available for being filled up.

11. Since respondent No.1 was the only and senior most incumbent available and eligible for consideration for promotion, who had more than 14 years of service, he made a representation on 17.07.2018 to consider his case for promotion as Senior Scale Stenographer against the post which had fallen vacant in June, 2017.

12. But vide order dt.11.06.2019, it was decided that sole post of Senior Scale Stenographer is to be filled up by direct recruitment amongst Scheduled Caste candidates as per Advice of the Chandigarh Administration in their letter dt.13.06.2018.

13. Thereafter, the impugned advertisement dt.14.06.2019 was issued inviting applications for filling up by direct recruitment one post of Senior Scale Stenogra