SANJEEV PRAKASH SHARMA
Jugraj Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. promotion eligibility based on reservation criteria. (Para 1 , 3) |
| 2. petitioner's claim for promotion against reserved vacancy justified. (Para 4 , 6) |
| 3. reserved category rights are independent of initial selection. (Para 5 , 7) |
| 4. court orders compliance with promotion within stipulated time. (Para 8 , 9) |
JUDGMENT
Sanjeev Prakash Sharma, J. (Oral)
The petitioner by way of this petition has prayed to direct the respondents to decide the case of promotion of the petitioner for the post of Sub Divisional Officer (SDO) from the post of Junior Engineer w.e.f. February 1975 against the reserved roster point No.26 lying vacant meant for backward class candidate. Alternatively, he has prayed that he should be promoted w.e.f. 11.01.1983, the day Bachittar Singh was promoted w.e.f. 1976 on the basis of the recommendations made in his favour.
2. No one is present on behalf of the petitioner.
3. The reply has been filed by the respondents and it is stated that the petitioner belongs to Lohar community. He was initially not appointed against the post reserved for Backward Class as he did not submit the caste certificate at the time of initial selection and was appointed against t
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Senior reserved category employees cannot be denied promotion to unreserved posts based solely on excess representation, contradicting applicable rules and constitutional provisions.
If the number of S.C candidates, who by their own merit, can be selected to general vacancies, class or even exceed the percentage of reserved candidates, it cannot be said that the reservation quota....
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