R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
In this regard, the L/c
for the applicant placed reliance on judgment passed by Hon'ble Apex
Court in the case of R.K. Sabaharwal and Others Vs. State of Punjab and
Others, 1995 Supreme Court Cases (L&S) 548 and submitted thatafter 3
years the sanction post for reserved category cannot be allowed to carry
forward and same was required to be de-reserved and promotion has to be
given to UR candidates. The 4 post of Sr. Compiler were remain vacant
since 2001 to 2006 due to no availability of ST/SC candidates and
subsequently in the year 2008 no promotion was required to offer to the
reserved category candidates as there was no reserved post available. It is
also contended that the reservation cannot be granted beyond 15 per cent
and 7.5 per cent.Therefore, the respondents had not followed the said
principles and erroneously granted promotion to the candidates belong to
the reserved category who were placed at Sl. No. 10 onwards that too
ignoring the right of the applicant who were posted at Sl. No.9. Therefore,
the applicant is entitled to be promoted as Sr. Complier w.f. 25.07.2008
onthe date the said juniors weregrantedpromotion. The claim of the
applicant for grant of promotion in the year 2008 ought to have been
considered and the respondents had committed error in granting
promotion to the reserved category candidates.