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1 - 10 of 10 (0.23 seconds)Jarnail Singh vs Lachhmi Narain Gupta . on 26 September, 2018
Thereafter SLP
No.30621/2011 (Jarnail Singh v. Lachhmi Narain
Gupta) came up again for hearing on 15.04.2019
when approximately 110 numbers of IAs tagged with
this case were listed. Following interim directions
were passed:
State Of Punjab vs Davinder Pal Singh Bhullar & Ors.Etc on 7 December, 2011
13. The applicant rebutted the contentions put-
forth by the respondents. It was pleaded that after
13
(OA No.571/2019)
the interim directions dated 17.05.2008 were passed
in Jarnail Singh (para-7 supra), detailed order has
also been passed in this SLP by the Hon‟ble Apex
Court on 26.09.2018 and as per this detailed order
there is no change in respect of the issue at hand in
this OA and, therefore, the directions as were held in
R.K. Sabharwal (para-6.1 supra) continue to be fully
applicable. Accordingly, the status quo order dated
15.04.2019 (para 10.1 supra), relied upon by the
respondents, does not alter the situation at all and
R.K. Sabharwal continues to be fully applicable.
13.1 It was further pleaded that the directions, to
refer the issue of reservation in promotion to a larger
bench, were passed in State of Punjab & Ors. v.
Davinder Singh & Ors., in Civil Appeal No.2317 of
2011 and batch, decided on 27.08.2020 by the
Hon‟ble Apex Court wherein following was held:
Article 15 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 338 in Constitution of India [Constitution]
Article 341 in Constitution of India [Constitution]
Article 342 in Constitution of India [Constitution]
R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
6. The applicant relies upon the directions by
Hon‟ble Apex Court in R.K. Sabharwal vs. State of
Punjab, 1995 SCC (2) 745 where the Hon‟ble Court
held that it is incumbent on State to reach a
conclusion that backward classes, for whom
reservation is made, are not adequately represented
in State Services. Thereafter, post based roster needs
to be followed especially for initial recruitment,
wherein certain roster points need to be earmarked
to the intended reserved community, to the extent of
reservation to be achieved on running basis, wherein
the roster point, which is not meant for a reserved
community, can be occupied by a General as well as
a reserved community candidate depending upon
his/her turn in the select panel prepared as per the
5
(OA No.571/2019)
method of appointment by promotion i.e. whether
seniority-cum-suitability method or as per merit
based method. As against this, the roster point for
reserved community must necessarily be filled by a
candidate belonging to that community only.
6.1 The operative part of this judgment reads as
under:
Article 342A in Constitution of India [Constitution]
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