The court emphasized that once a reservation roster point is filled, it cannot be reopened retroactively, affirming the rights created under validly operated rosters.

ORDER

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

The present Original Application has been instituted by the Applicant, an employee of the Respondents’ department, assailing the legality of the revised reservation roster notified on 16.12.2019, the consequential seniority list issued on 08.01.2020 (Annexure A), and the promotion order dated 22.07.2020 (Annexure B) whereby a roster point earmarked for the Scheduled Caste category was allegedly diverted to a general-category officer (Private Respondent No. 5).

2. The Applicant prays for quashing of the said orders, restoration of the 2013 roster (Annexure C) which had been duly operated in his favour, and consequential promotion to the post of Deputy Electrical Inspector from the date of his in- charge placement, with arrears and seniority.

3. It is averred that the Applicant belongs to the Scheduled Caste category and entered service as Junior Engineer on _ (date). He earned promotions in due course and was functioning as In-charge Assistant Electrical Inspector when the department prepared a post-based reservation roster on 13.03.2013 (Annexure C). As per that roster, Point No. 7 was reserved for SC.

4. According to the Applicant, the 2013 roster was duly approved by the competent authority and acted upon. He was placed against the SC point and performed duties of the higher post without break.

5. The grievance arose when, after nearly six years, the Respondents initiated a “vetting” exercise of old rosters. Acting on an internal note of the Liaison Officer for SC/ST (Annexure D), the department prepared a revised roster dated 16.12.2019, declaring certain earlier entries “incorrect” and reallocating the SC point.

6. On the basis of that revised roster, the Respondents issued a final seniority list on 08.01.2020 placing Private Respondent No. 5 above the Applicant. Subsequently, a promotion order dated 22.07.2020 elevated the said private respondent as Deputy Electrical Inspector, ignoring the Applicant’s claim to the SC roster point.

7. The Applicant immediately submitted representations (Annexures E & F) objecting to the disturbance of an operated roster. Receiving no redress, he approached this Tribunal by the present OA seeking following reliefs:-

a. To quash and set aside the impugned revised reservation roster dated 16 December 2019, the final seniority list dated 08 January 2020, and the promotion order dated 22 July 2020 issued by the Respondents, whereby the SC roster point was altered to his detriment;

b. To declare that the roster circulated vide memorandum dated 13 March 2013 (Annexure-C) was validly operated and continues to govern the cadre;

c. To direct the Respondents to promote and regularise the Applicant to the post of Deputy Electrical Inspector (or equivalent) against the SC roster point from the date of his in-charge placement, with all consequential benefits of seniority, pay fixation, and arrears;

d. To restrain the Respondents from giving effect to or acting upon the impugned revised roster and promotion order during the pendency of this OA; and e. To grant such other and further reliefs as this Hon’ble Tribunal may deem fit in the interest of justic