LexUNION OF INDIA AND ORS. ETC. versus VIRPAL SINGH CHAUHAN ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
c
D
UNION OF INDIA AND ORS. ETC.
r.
V!RPAL SINGH CHAUHAN ETC.
OCTOBER IO. 1995
1s.c. AGARWAL AND B.P. JEEVAN REDDY, JJ.I
Constitzaion of India-Article 16(4)--ResC1vation-E.xtent and nalllrc
of--U!Jietlter 1Je1111issible for Govcnuncnt to decide-Rese1vation provided as
a li111ited benefit-Hl/1ether constitutionaf-Seroice Law.
Constitution of India-Article 16(4)--Reservation Ill promo-
tio11-Ul/1ct/1cr confers seniolity also---Rese1ved candidate pronioted earlier to
general candidate on the basis of roster in Railways-Whether rese1ved can-
didate beconzes seniol'-Se1vice Law.
Constitution of lndia-A1tic/e 16(4)--Rese1vation i11 promotion-Ob-
ject of-Roste1~Applicatio11 of-All reserved posts in a grade filled by
rese1ved candidates-Whether roster applicable thereafte1~Service Laiv.
Constitution of India-Article 16(4)-Reservation in promo-
E
tion-W71etl1er in relation to 11osts or to vacancies-Se1vice Law.
In the present case, the manner in \\·hich reservation was applied by
the Raih\-·ay Authorities for promotion to a higher grad~ \\-'as challenged
by the general category candidates. There are four grades of guards in the
Raihva)'S Grades 'C', 'B', 'A' and 'A' special. Initial recruitment is n1ade to
F
Grade '(''. Pro111otion is 111ade to higher grades on the basis of seniority-
cu1n-suitability. 22.5 percent posts are reserved for Scheduled Cas-
tes/Scheduled Tribes candidates . in promotion. A 100 point roster was
prepared for giving etl'ect to reservation in promotion posts. Seniority in
a grade was determined on the basis of _date of promotion in that grade
G and a reserved category canclidatt! pro1noted earlier than a general
category candidate on the basis of roster \\-'as considered senior to the
general category candidate even though he ma,y be junior to the general
category candidate in the lo\.'t'er grade.
Para 306 of the Indian Railway Establishment Manual provided that
H candidates selected for appoint1nent at an earlier selection \vould be senior
158
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U.0.1. v. V.S. CHAUHAN
159
to those selected later. Para 319 provided that an employee promoted to a A
higher grade in his turn after being found suitable should be considered
as senior is that grade to all the others who are subse,1uently promoted.
B
The Railway Board's letter dated August 31, 1982 which dealt with
"reservation for Scheduled Castes and Scheduled Tribes in promotion in
group 'D' and 'C' on the basis of seniority-cum-suitability
11 provided that
seniority or Scheduled Castes and Scheduled Tribes candidates in com-
parison to other candidates will continue to be governed by the panel
position in case of categories where training is not provided and in
accordance with the merit position in the examination where training is
provided. Further, letter dated October 20, 1960 provided that reservation C
roster was only a machinery to ensure the prescribed percentage of reser-
vation and should not be related to the question of seniority and confir-
mation. The same position was reiterated in Railway Board's letter dated
January 19, 1972.
FACTS OF CIVIL APPEAL NO. 9272 OF 1995
D
The general candidates who were promoted to Grade 'A' special lrom
grade 'A' on ad h'oc basis were sought to be ·reverted back to grade 'A' and
candidates from Scheduled Castes/Scheduled Tribes who were junior to
them in grade 'A' were sought to be promoted against the vacancies in E
grade 'A' special. This was challenged by the general category candidates.
The Central Administrative Tribunal allowed the application holding that
seniority in grade 'C' would be the guiding seniority list for the cadre of
guards and a senior general category candidate in the feeder grade would
be senior to a reserved category candidate in the next higher grade even
though the nserved category candidate is promoted earlier.
F
FACTS OF CIVIL APPEAL NO. 9276 OF 1995
Several reserved category candidates, \\'ho were junior to 'W' in the
lower grades of the cadre of Station Masters, were promoted to higher
grade earlier than 'W' because of preferential promotion on the basis of G
reservation. \.Vhen 11 vacancies arose in the category of Station Superin~
tendents, names of 33 reserved category candidates, many of whom were
junior to 'W', were considered to the exclusion of 'W'. 'W' challenged. this
and sought revision of the seniority list prepared by the Railway
Authorities in all the grades of the station masters' categoExcerpt shown. Read the full judgment & AI analysis in Lexace.