As per case facts, the petitioner, a general category Environmental Engineer, was recommended for promotion to Senior Environmental Engineer by the DPC against a backlog reserved vacancy. This recommendation was ...
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CWP-11644 of 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-11644 of 2023
Vijay Kumar Gupta
......Petitioner
Versus
State of Punjab and others
......Respondents
Sr. No. Particulars Details
1. The date when the judgment is reserved 07.08.2026
2. The date when the judgment is pronounced 17.08.202 6
3. The date when the judgment is uploaded on the website 17.08.2026
4. Whether only operative part of the judgment is
pronounced or full judgment is pronounced
Full
5. The delay, if any, of the pronouncement of full
judgment, and reasons thereof
Not applicable
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Argued by: -Mr. Vivek Suri, Advocate,
Ms. Kritika Sharma, Advocate, and
Ms. Swati Bansal, Advocate,
for the petitioner.
Mr. Karunesh Kaushal, AAG, Punjab.
Mr. Sarthak Gupta, Advocate,
for respondents No.3 and 4.
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this
Court by filing the instant petition under Articles 226/227 of the
Constitution of India, seeking a writ of mandamus for directing the
respondents to promote the petitioner to the post of Senior
Environmental Engineer from the date of holding the Departmental
Promotion Committee (for short ‘the DPC’) meeting i.e. 31.05.2022, as
his name had been recommended for promotion to the said post against
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CWP-11644 of 2023
the backlog vacancy of the reserved category and had been approved by
the Hon’ble Chief Minister, Punjab.
2. Briefly stated, the facts of the case, as have been pleaded
in the petition, are that the petitioner possesses the qualification of
AMIE in the stream of Civil Engineering and has undergone the
engineering course from the Institutions of Engineers (India), Calcutta.
He was appointed as Junior Environmental Engineer on regular basis in
the Punjab Pollution Control Board, Patiala, and was thereafter
promoted to the post of Assistant Environmental Engineer w.e.f.
02.11.1996 and was further promoted to the post of Environmental
Engineer w.e.f. 12.01.2015. The services of the petitioner are governed
by the regulations known as ‘Punjab Pollution Control Board
Employees Service Regulation 2002’. The next channel of promotion
from the post of Environmental Engineer is to the post of Senior
Environmental Engineer, for which seven years’ experience is required
as Environmental Engineer. Since the petitioner was fully eligible for
promotion, his case was recommended by the DPC in its meeting held
on 31.05.2022 against a vacancy meant for Scheduled Castes category,
subject to the approval by the Department of Social Justice,
Empowerment and Minorities. However, the said department refused
to dereserve the post reserved for the Scheduled Castes category to the
general category. Consequently, the petitioner was not promoted to the
said post and retired from service on attaining the age of
superannuation on 31.10.2022. The petitioner submitted various
representations, dated 24.08.2022; 30.08.2022; 17.10.2022; 18.10.2022
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CWP-11644 of 2023
and 28.10.2022 (Annexure P-2 to P-6), seeking consideration of his
claim for promotion. However, the same have not been responded to
by the respondents. Hence, the present writ petition.
3. Short reply by way of affidavit of Harjeet Singh Sandhu,
Joint Secretary to Government of Punjab, Department of Science,
Technology and Environment, on behalf of respondents No.1 and 2 has
been filed, wherein it has been stated as under: -
“4. That the main grievance of the petitioner is that he
was not being promoted to the post of Senior
Environmental Engineer in the Punjab Pollution
Control Board against the backlog post of reserve
category. In view of the facts and circumstances of
the case, the present short reply is being filed by the
deponent on behalf of respondent no.1 and 2 i.e. the
Department of Science, Technology and
Environment and the Department of Social, Justice
Empowerment and Minorities, Government of
Punjab respectively, mentioning therein the relevant
facts of the case.
5. That the facts of the case relating to the status of
service of the petitioner in the Punjab Pollution
Control Board as Junior Environmental Engineer,
Assistant Environmental Engineer and
Environmental Engineer are a matter of record. It is
also a matter of record that the petitioner was
eligible for promotion to the post of Senior
Environmental Engineer in accordance with the
service Rules of the Punjab Pollution Control
Board, but the petitioner being the general category
candidate is claiming the promotional post of Senior
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CWP-11644 of 2023
Environmental Engineer from the backlog vacancies
meant for scheduled caste candidates.
6. That it is pertinent to mention here that the State
Pollution Control Board is also implementing the
reservation policy of the State Government as per
the available Acts and Rules. As per record
available with the Government, there are twelve
sanctioned posts of Senior Environmental Engineer
in the service of Punjab Pollution Control Board
and according to the reservation policy of the State
Government, two posts out of twelve sanctioned
posts of Senior Environmental Engineer are
reserved for the candidates of scheduled caste and
one post is reserved for handicapped person.
7. That a meeting of the Departmental Promotion
Committee was held on 31.05.2022 wherein the
cases for promotion to various posts in the service
of Punjab Pollution Control Board including the
post of Senior Environmental Engineer from
amongst the Environmental Engineers working in
the Board were considered. As per the availability
of posts, three Environmental Engineers of general
category namely Sh. Arun Kumar Kakkar, Sh. Ashok
Kumar Sharma and Sh. Lavneet Kumar Dubey were
considered and recommended for promotion to the
post of Senior Environmental Engineer by the
Departmental Promotion Committee in its meeting
held on 31.05.2022. Two other Environmental
Engineers of general category namely Sh. Vijay
Kumar Gupta (petitioner) and Sh. Harpal Singh
were also considered for promotion to the post of
Senior Environmental Engineer against the backlog
of two posts reserved for scheduled caste
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CWP-11644 of 2023
candidates. It was decided by the Departmental
Promotion Committee that before promoting Sh.
Vijay Kumar Gupta (Petitioner), the post will be got
de-reserved from the Department of Social Justice,
Empowerment and Minorities. It was further
decided by the Departmental Promotion Committee
that the second candidate Sh. Harpal Singh will be
promoted to the post of Senior Environmental
Engineer after the retirement of Sh. Rajeev Kumar
Sharma, Senior Environmental Engineer on
31.10.2022. However, the post will be got de-
reserved from the Department of Social Justice,
Empowerment and Minorities against the backlog of
two posts reserved for scheduled caste candidates.
8. That the Punjab Pollution Control Board has
forwarded the case for de-reservation of two posts
of Senior Environmental Engineer in the pay scale
of 37400-67000+8700 grade pay to the office of
Secretary to Government of Punjab, Department of
Science, Technology and Environment vide letter
no. 12244 dated 10.06.2022 with a request that the
two backlog posts of Senior Environmental
Engineer reserved for scheduled caste category may
be got de-reserved from the Department of Social
Justice, Empowerment and Minorities. A copy of
letter no. 12244 dated 10.06.2022 is enclosed
herewith as Annexure R-1-2/A.
9. That though the office of Punjab Pollution Control
Board has forwarded the case of the petitioner to the
Government of Punjab, Department of Science,
Technology and Environment i.e. respondent no.1
with a request to get the reserved category post de-
reserved from the Department of Social Justice,
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CWP-11644 of 2023
Empowerment and Minorities i.e. respondent no.2,
but the Department of Social Justice, Empowerment
and Minorities has not agreed to the proposal and
informed the department of Science, Technology and
Environment vide letter memo dated 16.09.2022 to
keep the two reserved posts of Senior Environmental
Engineers vacant in view of provisions of Section
7(1) of the Punjab Schedule Castes and Backward
Classes (Reservation in Services) Act, 2006.
10. That it is relevant to mention here that a case
relating to tempering / doubling in the roster
register of Environmental Engineer of the Punjab
Pollution Control Board was under scrutiny wherein
inquiry was conducted by the two Chief
Environmental Engineers of the Punjab Pollution
Control Board. The Department of Social Justice,
Empowerment and Minorities vide letter memo
dated 10.08.2022 has desired the copy of inquiry
report from the Department of Science, Technology
and Environment. Due to the above reason, the
Department of Social Justice, Empowerment and
Minorities vide letter memo dated 16.09.2022 has
asked the Department of Science, Technology and
Environment to keep the two reserved posts of
Senior Environmental Engineer vacant in view of the
provisions of Section 7(1) of the Punjab Schedule
Castes and Backward Classes (Reservation in
Services) Act, 2006. A copy of letter dated
16.09.2022 of the Department of Social Justice,
Empowerment and Minorities is enclosed as
Annexure R-1-2/B.
The Department of Science, Technology and
Environment vide letter dated 27.07.2023 has
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CWP-11644 of 2023
informed the Department of Social Justice,
Empowerment and Minorities that the case of
cutting / doubling of roster register has been filed in
view of the provisions of Rule 2.2 (b) condition (2)
(ii) of Punjab Civil Services Rules (Volume II).
11. That it is pertinent to mention here that in order to
provide reservation in service for the members of
scheduled castes and backward classes and for the
matters connected therewith or incidental thereto,
the Legislature of the State of Punjab has enacted
the Punjab Schedule Castes and Backward Classes
(Reservation in Services) Act, 2006. The relevant
extract of Section 7(1) of the Punjab Schedule
Castes and Backward Classes (Reservation in
Services) Act, 2006 is reproduced below for kind
perusal and reference:
De-reservation of reserved vacancy
7. (1) There shall be no de-reservation of any
reserved vacancy by any appointing authority in any
establishment, which is to be filled up by direct
recruitment or by promotion. In case, a qualified or
eligible Scheduled Caste and Backward Classes
Candidates, as the case may be, is not available to
fill up such vacancy, in that situation, such vacancy
shall remain unfilled.
12. That though the Departmental Promotion Committee
has recommended the name of the petitioner for
promotion to the post of Senior Environmental
Engineer subject to de-reservation of reserved
category post, but the petitioner cannot claim the
promotion as a matter of his right. The availability
of post does not in any manner confer a right upon
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CWP-11644 of 2023
the petitioner to claim the said post, which is
reserved for scheduled caste candidate.
13. That it is relevant to mention here that the petitioner
has already retired from the service of the Punjab
Pollution Control Board on 31.10.2022. The
Department of Social Justice, Empowerment and
Minorities which is implementing the reservation
policy of the State and the Punjab Schedule Castes
and Backward Classes (Reservation in Services) Act,
2006 has decided to keep the reserved post of Senior
Environmental Engineer vacant in view of the
provisions of the said Act, 2006. No public interest
seems to be involved in the case for filling up of the
reserved post of Senior Environmental Engineer by
the petitioner who is general category candidate. As
such the claim of the petitioner cannot be accepted.”
4. Short reply by way of affidavit of Er. Gurinder Singh
Majithia, Member Secretary, Punjab Pollution Control Board, Patiala,
on behalf of respondents No.3 and 4 has been filed, wherein it has been
stated as under: -
“5. That briefly stated, according to the provisions of
the Punjab Pollution Control Board Employees
Service Regulations, 2002, the post of Senior
Environmental Engineer is filled 100% by way of
promotion from amongst the Environmental
Engineers working in the Punjab Pollution Control
Board who have an experience of working as such
for a minimum period of 07 years and possess at-
least bachelor's degrees or AMIE in Engineering
from recognized institute / University. It is pertinent
to mention here that the State Pollution Control
Board is also implementing the reservation policy of
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CWP-11644 of 2023
the State Government as per the available Acts and
Rules. There are twelve sanctioned posts of Senior
Environmental Engineer in the service of Punjab
Pollution Control Board and according to the
reservation policy of the State Government, two
posts out of twelve sanctioned posts of Senior
Environmental Engineer are reserved for the
candidates of scheduled caste and one post is
reserved for handicapped person.
6. That a meeting of the Departmental Promotion
Committee was held on 31.05.2022 wherein the
cases for promotion to various posts in the service of
Punjab Pollution Control Board including the post
of Senior Environmental Engineer from amongst the
Environmental Engineers working in the Board were
considered. As per the availability of posts, three
Environmental Engineers of general category
namely Sh. Arun Kumar Kakkar, Sh. Ashok Kumar
Sharma and Sh. Lavneet Kumar Dubey were
considered and recommended for promotion to the
post of Senior Environmental Engineer by the
Departmental Promotion Committee in its meeting
held on 31.05.2022. Two other Environmental
Engineers of general category namely Sh. Vijay
Kumar Gupta (petitioner) and Sh. Harpal Singh
were also considered for promotion to the post of
Senior Environmental Engineer against the backlog
of two posts reserved for scheduled caste candidates.
It was decided by the Departmental Promotion
Committee that before promoting Sh. Vijay Kumar
Gupta (Petitioner), the post will be got de-reserved
from the Department of Social Justice,
Empowerment and Minorities. It was further decided
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CWP-11644 of 2023
by the Departmental Promotion Committee that the
second candidate Sh. Harpal Singh will be promoted
to the post of Senior Environmental Engineer after
the retirement of Sh. Rajeev Kumar Sharma, Senior
Environmental Engineer on 31.10.2022. However,
the post will be got de-reserved from the Department
of Social Justice, Empowerment and Minorities
against the backlog of two posts reserved for
scheduled caste candidates.
7. That the office of answering respondent in reference
to Government memo no. 1/13/2022-STE(4)/176
dated 08.06.2020, has forwarded the case for de-
reservation of two posts of Senior Environmental
Engineer in the pay scale of 37400-67000 + 8700
grade pay to the office of Secretary to Government
of Punjab, Department of Science, Technology and
Environment vide letter no. 12244 dated 10.06.2022
with a request that the two backlog posts of Senior
Environmental Engineer reserved for scheduled
caste category may be got de-reserved from the
Department of Social Justice, Empowerment and
Minorities. A copy of letter no. 12244 dated
10.06.2022 is enclosed herewith as Annexure R 3-
4/A.
8. That the office of answering respondent no. 3 and 4
has forwarded the case of the petitioner to the
Government of Punjab, Department of Science,
Technology and Environment i.e. respondent no.1
with a request to get the reserved category post de-
reserved from the Department of Social Justice,
Empowerment and Minorities i.e. respondent no.2,
but the Department of Social Justice, Empowerment
and Minorities has not agreed to the proposal and
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CWP-11644 of 2023
informed the department of Science, Technology and
Environment vide letter memo dated 16.09.2022 to
keep the two reserved posts of Senior Environmental
Engineers vacant in view of provisions of Section
7(1) of the Punjab Schedule Castes and Backward
Classes (Reservation in Services) Act, 2006.
9. That it is relevant to mention here that a case
relating to tempering / doubling in the roster
register of Environmental Engineer of the Punjab
Pollution Control Board was under scrutiny wherein
inquiry was conducted by the two Chief
Environmental Engineers of the Board. The
Department of Social Justice, Empowerment and
Minorities vide letter memo dated 10.08.2022 has
desired the copy of inquiry report from the
Department of Science, Technology and
Environment. Due to the said reason, the
Department of Social Justice, Empowerment and
Minorities vide letter memo dated 16.09.2022 has
asked the Department of Science, Technology and
Environment to keep the two reserved posts of
Senior Environmental Engineer vacant in view of the
provisions of Section 7(1) of the Punjab Schedule
Castes and Backward Classes (Reservation in
Services) Act, 2006.
The Department of Science, Technology and
Environment vide letter dated 27.07.2023 has
informed the Department of Social Justice,
Empowerment and Minorities that the case of cutting
/ doubling of roster register has been filed in view of
the provisions of Rule 2.2 (b) condition (2) (ii) of
Punjab Civil Services Rules (Volume II).
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CWP-11644 of 2023
10. That the relevant extract of Section 7(1) of the
Punjab Schedule Castes and Backward Classes
(Reservation in Services) Act, 2006 is reproduced
below for kind perusal and reference:
De-reservation of reserved vacancy
7. (1) There shall be no de-reservation of any
reserved vacancy by any appointing authority
in any establishment, which is to be filled up
by direct recruitment or by promotion. In
case, a qualified or eligible Scheduled Caste
and Backward Classes Candidates, as the
case may be, is not available to fill up such
vacancy, in that situation, such vacancy shall
remain unfilled.
11. That it is relevant to mention here that the petitioner
has already retired from the service of the Punjab
Pollution Control Board on 31.10.2022. The
Department of Social Justice, Empowerment and
Minorities which is implementing the reservation
policy of the State and the Punjab Schedule Castes
and Backward Classes (Reservation in Services) Act,
2006 has decided to keep the reserved post of Senior
Environmental Engineer vacant in view of the
provisions of the said Punjab Schedule Castes and
Backward Classes (Reservation in Services) Act,
2006. As such the claim of the petitioner cannot be
accepted.”
5. In nutshell, the stand taken by the respondents in their
separate replies is that a meeting of DPC was held on 31.05.2022,
wherein the cases for promotion to various posts in the Punjab
Pollution Control Board, including the post of Senior Environmental
Engineer from amongst Environmental Engineers working in the Board
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CWP-11644 of 2023
were considered. As per the availability of posts, three Environmental
Engineers of general category, namely, S/Sh. Arun Kumar Kakkar;
Ashok Kumar Sharma and Lavneet Kumar Dubey were considered and
recommended for promotion to the post of Senior Environmental
Engineer and two other Environmental Engineers of general category,
namely, S/Sh. Vijay Kumar Gupta (petitioner) and Harpal Singh were
also considered for promotion to the post of Senior Environmental
Engineer against backlog of two posts reserved for Scheduled Castes
candidates and it was decided by the DPC that before promoting the
petitioner, the posts were required to be got dereserved from the
Department of Social Justice, Empowerment and Minorities. It was
further decided by the DPC that the second candidate, namely, Sh.
Harpal Singh would be promoted to the post of Senior Environmental
Engineer after the retirement of Sh. Rajeev Kumar Sharma, Senior
Environmental Engineer, on 31.10.2022. The Board forwarded the
case for dereservation of two posts of Senior Environmental Engineer
to the office of Secretary, Government of Punjab, Department of
Science, Technology and Environment, vide letter dated 10.06.2022,
with a request that two backlog posts of Senior Environmental
Engineer reserved for Scheduled Castes category be got dereserved
from the Department of Social Justice, Empowerment and Minorities.
However, the Department of Social Justice, Empowerment and
Minorities did not agree to the said proposal and, vide letter dated
16.09.2022, informed the Board to keep two reserved posts of Senior
Environmental Engineer vacant in view of provisions of Section 7(1) of
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the Punjab Scheduled Castes and Backward Classes (Reservation in
Services) Act, 2006.
6. Learned counsel for the petitioner has submitted that the
petitioner was fully eligible for promotion to the post of Senior
Environmental Engineer. Three other candidates belonging to general
category were recommended for promotion against the posts meant for
general category, whereas the name of the petitioner was recommended
for promotion to the said post against a backlog vacancy reserved for
the Scheduled Castes category, subject to dereservation of the said post
to general category. However, the Department of Social Justice,
Empowerment and Minorities has wrongly not dereserved the post of
Scheduled Castes category to general category and in consequence
thereof, the petitioner was not promoted and retired from service on
31.10.2022, on attaining the age of superannuation. The action of the
Department of Social Justice, Empowerment and Minorities is totally
illegal and arbitrary.
7. Per contra, learned State counsel, assisted by learned
counsel for the Board, has submitted that although the name of the
petitioner was duly recommended for promotion to the post of Senior
Environmental Engineer in the DPC meeting held on 31.05.2022, such
recommendation was subject to approval for dereservation of the post
reserved for Scheduled Castes category to general category. However,
the said request was not accepted by the Department of Social Justice,
Empowerment and Minorities. Consequently, the petitioner could not
be promoted to the post of Senior Environmental Engineer.
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8. I have heard learned counsel for the parties and perused
the record.
9. The Hon’ble Supreme Court in Ajit Singh v. State of
Punjab, 1999(4) SCT 1; Union of India and others v. Sangram
Keshari Nayak, 2007(3) SCT 512 and Union of India and another v.
Hemraj Singh Chauhan and others, 2010(2) SCT 421 has held that
the promotion is not a fundamental right, however, consideration for
promotion is a fundamental right.
10. Admittedly, the petitioner belongs to general category and
three Environmental Engineers senior to the petitioner were also
recommended for promotion to the post of Senior Environmental
Engineer in the same very DPC meeting held on 31.05.2022 and name
of the petitioner was also considered for promotion to the post of
Senior Environmental Engineer against two vacancies reserved for
Scheduled Castes category and before promoting the petitioner to the
post of Senior Environmental Engineer, post was to be got dereserved
from the Department of Social Justice, Empowerment and Minorities.
However, the Department of Social Justice, Empowerment and
Minorities, vide letter dated 16.09.2022, conveyed as under: -
“
Government of Punjab
Department of Social Justice, Empowerment and Minorities
(Reservation Cell)
Sub: Regarding de-reservation/carry forwarding of
post of Senior Environmental Engineer from the
Department of Social Justice Empowerment and
Minorities.
In reference to memo no STE-STEB01/7/2021-
STE5-Part(1)/394232 dated 15.07.2022 of the
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Superintendent, (STE Branch) Department of Science and
Technology.
2. After considering the subject cited case in under
reference, it is intimated to keep 2 Reserve posts of Senior
Environmental Engineer vacant as per the provisions of
Clause 7(1) of The Punjab Scheduled Castes and
Backward Classes (Reservation in Services) Act, 2006, the
Senior Environmental Engineer 02 Reserved seats should
be kept vacant.
3. This letter is issued after the approval of the
competent authority.
Sd/
Superintendent
To
Superintendent, (STE Branch),
Department of Science and Technology,
Punjab Civil Secretariat-2
I.D.L. no. 2/6/2021-RS2/328 Date:Chandigarh 16/09/2022”
11. The Department of Social Justice, Empowerment and
Minorities has refused to dereserve two vacant posts belonging to
Scheduled Castes category to general category on the basis of Section
7(1) of the Punjab Scheduled Castes and Backward Classes
(Reservation in Services) Act, 2006, which reads as under: -
“7. (1) There shall be no de-reservation of any reserved
vacancy by any appointing authority in any establishment,
which is to be filled up by direct recruitment or by
promotion. In case, a qualified or eligible Scheduled
Castes or Backward Classes candidate, as the case may
be, is not available to fill up such vacancy, in that
situation, such vacancy shall remain unfilled.
(2) Notwithstanding anything contained in sub-section (1),
if, in the public interest, it is deemed necessary to fill up
any vacancy referred to in that sub-section, the appointing
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authority shall refer the vacancy to the Department of
Welfare of Scheduled Castes and Backward Classes for
de-reservation. Upon such reference, the Department of
Welfare of Scheduled Castes and Backward Classes may,
if it is satisfied that it is necessary or expedient so to do,
by order in writing, de-reserve the vacancy, subject to the
condition that the vacancy so de-reserved, shall be carried
forward against a subsequent unreserved vacancy.”
12. The admitted factual position is that the vacancies in
question were earmarked for reserved category candidates. The DPC,
while assessing the petitioner's suitability, did not recommend his
promotion unconditionally. The recommendation specifically stipulated
that the petitioner could be promoted only if the reserved vacancy was
de-reserved by the Department of Social Justice, Empowerment and
Minorities. Thus, the recommendation itself was conditional and
incapable of implementation unless the Department of Social Justice,
Empowerment and Minorities authority granted approval for de-
reservation. It is a settled proposition of service jurisprudence that
recommendation by a Departmental Promotion Committee does not, by
itself, create a vested or indefeasible right to promotion. The
recommendation of the DPC is only one stage in the process of
promotion. Where such recommendation is expressly made subject to
fulfilment of a particular condition, no legal right accrues unless the
condition is satisfied. A conditional recommendation cannot be equated
with a final recommendation entitling an employee to claim promotion
as a matter of right.
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13. The policy relating to reservation in public employment is
intended to secure adequate representation to members of the reserved
categories. Consequently, de-reservation of a reserved vacancy is an
exception and not the rule. Such de-reservation can be resorted to only
in accordance with the applicable statutory provisions, executive
instructions and governmental policy, and only after approval by the
competent authority. No employee belonging to the general category
can insist that a reserved vacancy must necessarily be de-reserved for
his benefit.
14. Once the proposal for de-reservation was rejected by the
Department of Social Justice, Empowerment and Minorities, the very
foundation upon which the DPC recommendation rested disappeared.
The recommendation consequently became incapable of
implementation. The respondents cannot be faulted for refusing to issue
a promotion order in the absence of approval for de-reservation.
15. The petitioner has neither challenged the order dated
16.09.2022 of the Department of Social Justice, Empowerment and
Minorities, whereby dereservation of two vacant posts belonging to
reserved category to general category has been refused nor laid any
factual foundation to establish that such decision suffers from mala
fides, arbitrariness, perversity or violation of any statutory provision. In
the absence of any challenge to the decision refusing de-reservation,
this Court cannot examine the correctness thereof in these proceedings.
So long as the decision declining de-reservation remains valid and
operative, no consequential direction for promotion can be issued.
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Further, it is not the case of the petitioner that any person junior to him
belonging to general category has been promoted to the post of Senior
Environmental Engineer before his retirement.
16. In view of the above, finding no merit in the present
petition, same is hereby dismissed with no order as to costs.
(NAMIT KUMAR)
17.08.2026 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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