R.K. SABHARWAL AND ORS. versus THE STATE OF PUNJAB

R.K. SABHARWAL AND ORS. versus THE STATE OF PUNJAB

Roster system for reservations in promotions operates only till the prescribed percentage of posts for reserved categories in the cadre is achieved. After all roster points are filled, the roster ceases to operate, and any future vacancies are filled only from the category to which the post belonged. Counting...

Source-derived case information.

Parties
Petitioner: R.K. Sabharwal and Others; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
10 February 1995
Procedural Posture
Writ Petition (civil) / Final Judgment/disposition
Outcome
Writ Petition disposed of; roster interpretation to operate prospectively.
Legal Topics
Reservations in Public Employment, Cadre Strength and Roster System, Promotion Policies, Representation of Scheduled Castes/tribes/backward Classes, Interpretation of Article 16(4)
Constitutional Law Administrative Law Service Law Reservations in Public Employment Cadre Strength and Roster System Promotion Policies Representation of Scheduled Castes/tribes/backward Classes Interpretation of Article 16(4)

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Parties

R.K. Sabharwal and Others

Petitioner

The State of Punjab

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment/disposition

Legal Issues

  1. 1 Whether the roster system for reservation in promotions should operate beyond achieving the prescribed percentage of reservation in posts.
  2. 2 Whether appointments/promotions of SC/ST/backward classes against general category posts should count towards fulfilling the reservation percentage.
  3. 3 Whether vacancies arising after initial filling of roster posts should be filled according to the category of the retiring person or should be re-rostered.

Ratio Decidendi

Roster system for reservations in promotions operates only till the prescribed percentage of posts for reserved categories in the cadre is achieved. After all roster points are filled, the roster ceases to operate, and any future vacancies are filled only from the category to which the post belonged. Counting promotees/appointees from reserved categories against general category posts does not alter the prescribed percentage nor affect the operation of reservation policy once the cadre strength is filled.

Court Disposition

Writ Petition disposed of; roster interpretation to operate prospectively.

Orders

  • The interpretation given to the working of the roster and findings on this point shall operate prospectively.
  • No costs.