P & T SCHEDULED CASTE/TRIBE EMPLOYEES' WELFARE ASSOCIATION (REGD.) & ORS. versus UNION OF INDIA & ORS.

Citation: [1988] SUPP. 2 S.C.R. 623 · Decided: 29-08-1988 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Case Allowed

Judgment (excerpt)

P & T SCHEDULED CASTE/TRIBE EMPLOYEES' 
WELFARE ASSOCIATION (REGD.) & ORS. 
v. 
UNION OF INDIA & ORS. 
AUGUST 29, 1988 
[E.S. VENKATARAMIAH, S. NATARAJAN AND 
N.D. OJHA, JJ.] 
Constitution of India, 1950: Articles 16, 330, 332, 334 and 335-
Promotion posts in P & T department-Reservation for Scheduled 
Caste, Scheduled Tribe employees-Advantage enjoyed lost in the New 
Scheme of 1983-Scheduled Casie, Scheduled Tribe employees of other 
departments continue to enjoy the advantage-Government directed to 
confer ·similar advantage to Scheduled Caste, Scheduled Tribe 
employees of Post and Telegraph Department. 
Civil Services-P & T department-Promotion-Re~·ervation of 
vacancies for SC, ST employees-New Scheme, 1983-Al/ employees to 
get promotion after 16 years-Advantage of SC, ST employees getting 
promotion within a shorter period lost-Govt. directed to issue order 
conferring the additional advantage on SC, ST employees in P & T 
department, as are enjoyed by SC, ST employees in other departments. 
In supersession of its earlier order issued in 1968, the Union 
Government communicated in 1972 its policy regarding reservations 
for the Scheduled Castes and the Scheduled Tribes in posts filled by promo-
tion on the basis of seniority subject to fitness. Whenever such promo-
tions were to be made in appointments to Class-I, Class-II, Class-III 
and Class-IV posts in grades or services in which the element of direct 
recruitment, if any, did not exceed SO per cent, lS per cent and 7'h per 
cent of the vacancies were to be reserved for SCs and STs respectively. 
Detailed instructions were issued to the appointing authorities to make 
promotions accordingly so that the SCs and STs could have an 
advantage of getting promotion to a higher grade much earlier than the 
others. 
In 1974, further instructions were issued with regard to reserva· 
tion of Scheduled Castes and Scheduled Tribes in posts filled by promo· 
!Ions/appointments to Selection Grade Posts directing reservation of IS 
623 
A 
B 
c 
D 
E 
F 
G 
H 
624 
SUPREME COURT REPORTS 
I !988] Supp. 2 S.C.R. 
A per cent/71/i percent of the vacancies for SCs/STs. 
In the Posts and Telegraphs Department, the aforesaid policy 
continned till 1983 when an agreement was arrived at between the 
Ministry of Communications and certain associations of Post and Tele-
graphs employees, and a fresh order relating to the policy of promotion 
B to he adopted in the P & T Department was issued in supersession of the 
scheme of reservation followed till then. Under the policy, all officials 
belonging to basic grades in Group C and Group D to which there was 
direct recruitment either from outside and/or by means of limited com-
petitive examination from lower cadres and who had completed 16 
years of service in that grade would be placed in the next higher grade. 
C Whether an employee belonged to general category or to the category 
of SCs and STs, he would get his promotion on the completion of 16 
years' service. Under the pr.,·ious scheme it was possible for the SC and 
ST employees to secure promotion within a period of IO to 12 years, 
while the other employees had to wait for nearly 20 to 23 years. Thus, 
the comparative advantage enjoyed by employees belonging to SCs and 
D STs was take11 away. No specific order was issued by the Government 
regarding reservation for SCs and STs, though clause 6 of the new 
scheme provided for it. But the earlier orders providing for reservation 
for SCs and STs were made inapplicable. Aggrieved by the new policy, 
which deprived the SC and ST employees of the advantage which they 
were enjoying, the petitioners approached this Court by way of the 
E present writ petition. 
F 
G 
Petitioners prayed for a direction to the Govt. of India for issuing 
an order under clause 6 of the new scheme conferring such additional 
advantage to them as are enjoyed by SC and ST employees in other 
departments. 
The Respondent contended that the new scheme was advanta-
geous to all the employees since all of them would get automatic promo-
tion after con1pleting 16 years of service in.a cadre and that it was done 
with the consent of the Federations of Employees of the P & T 
Department. 
Allowing the writ petition, 
HELD: I. The advantage of promotion within a shorter period is 
being enjoyed by persons 'belonging to the Scheduled Castes and t•·ie 
Scheduled Tribes in other Departments and only the petitioners have 
H been deprived of it. Such deprivation v

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