IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.12.2025 Pronounced on: 12.12.2025 Uploaded on: 12.12.2025 State of Punjab and another ......Petitioners Versus Punjab State Commission for Scheduled Castes and others ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by: Mr. Swapan Shorey, DAG, Punjab, for the petitioners.

None for respondent No.1.

Mr. Mandeep K. Saajan, Advocate, and Mr. Vikram K. Bishnoi, Advocate, for respondents No.2 and 3.

NAMIT KUMAR, J.

1. The State of Punjab through Additional Chief Secretary, Department of Finance, Punjab, and Director, Directorate of Treasuries and Accounts (T&A), Department of Finance, Punjab, has approached this Court by filing the instant petition under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the order dated 22.09.2021 (Annexure P-1), passed by the Punjab State Commission for Scheduled Castes (hereinafter referred to as ‘the Commission’) whereby the complaint filed by respondents No.2 and 3 has been accepted and it has been directed to promote them to the post of Senior Assistant against two of the three vacancies reserved for Scheduled Castes during the years 1998 to 2000 against 10% quota, with all consequential benefits and action taken report be submitted in this regard to the Commission by responsible officer by 06.10.2021 and also the order dated 17.11.2021 (Annexure P-2), passed by respondent No.1 whereby application filed by the petitioners for reviewing the order dated 22.09.2021 has been rejected.

2. Brief facts, as pleaded in the present petition, are that respondent No.2 – Amarnath and respondent No.3 – Urmila Devi were appointed under the Scheduled Castes category and joined the headquarters of the Department on 03.09.1993 as steno-typists at Jalandhar and Gurdaspur, respectively, under the Treasuries and Accounts Branch, Finance Department, Punjab. Their services are governed by the rules known as ‘The Punjab Finance (Treasuries &

Accounts) Department (State Services Class-III) Rules, 1979’.

On 26.07.1999, to fill up the vacancies of Scheduled Castes quota for the post of Auditor from amongst the Clerks/Steno- typists, only Scheduled Caste employees i.e. Urmila Devi – respondent No.3, Amarnath – respondent No.2, Naseeb Singh and Surinder Singh were called for English type test. However, Amarnath and Urmila Devi could not clear the type test while other two junior employees i.e. Naseeb Singh and Surinder Singh passed the type test on the said date. Amarnath – respondent No.2 appeared for type test again on 14.07.2000 and again on 31.10.2001. Finally, he passed the type test on 31.10.2001. Thereafter, he was promoted as Auditor against the vacant reserved post meant for Scheduled Castes category on

05.12.2001. Similarly, Urmila Devi – respondent No.3 after failing once cleared the type test on 14.07.2000 and was also promoted as Auditor against the post meant for Scheduled Castes category on 23.10.2000. Both, respondents No.2 and 3 joined on the promoted post of Auditor voluntarily and without raising any protest. Besides these two persons, one senior employee i.e. Shashi Khera and two junior employees Sneh Lata and Bhupinder Kaur were also promoted as Auditors along with respondents No.2 and 3. On 28.04.2003, four posts of Stamp Auditors belonging to general category were surrendered by the Finance Department, resultantly, Shashi Khera, who was senior to respondents No.2 and 3, and Sneh Lata and Bhupinder Kaur, belonging to general category and who were junior to respondents No.2 and 3, were reverted back to their earlier post of Steno-typists, which was at a lower grade than the post of Auditor. Since respondents No.2 and 3 were promoted as Auditors against vacant seats of Scheduled Castes category, therefore, these posts were not abolished and thus, they were not reverted back to their earlier posts i.e. Steno-typist. Consequently, no grievance was raised by respondents No.2 and 3 nor they su