LexUNION OF INDIA versus PUSHPA RANI & OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 11 S.C.R. 440
.....,_
A
UNION OF INDIA
II.
PUSHPA RANI & OTHERS
(Civil Appeal Nos. 6934:.6946 of 2005 etc.)
8
JULY 29, 2008
[B.N. AGRAWAL AND G.S. SINGHVI, JJ.]
r
Service Law - Reservation - For Scheduled Castes!
Scheduled Tribes - Availability of- At the stage of cadre re-
.
.
.
c structuring in the Railway service - Held: Polic~ pf reserva-
tion is applicable at the stage of restructuring o( caqr~s in the
Railway service - Since the additional posts becoming avail-
able as a result of restructuring of different cadres are required
to be filled by promotion, policy of reseryation cannot be ousted
D - Such provision provided in the Letter .issu£;Jd by Railway
Board is not violative of Articles 14 and 16 of the Constitution
- Power of judicial review cannot be exercised fQr determin-
ing the methodology for recruitment or for laying down chteria
of selection - Constitution of India, 1950 - Articles 14, 16 and
E
16 (4) - Railway Establishment Code . ..:.. Paragraphs 103 (7),
119, 120, 123 and 124 - Railway Establishment lV1anual -
Para 103 (i), (ii) and (iii) - Circular RBE No .. 113197 dated
21.8:1997.
"
~
Practice and Procedure -New plea - Raising of - Be-
F fore Supreme Court - Held: Not permissible.
Words and Phrases:
~
(i) 'cadre'
Meaning of
(ii) 'promotion' - Meaning of
G
The question for determination was whether the
policy of reservation of posts. for Schec;tuled Castes/
--r- '
Scheduled Tribes could be applied at the stage of giving
effect to cadre restructuring exercise undertaken pursu-
H
440
UNION OF INDIA v. PUSHPA RANI
441
..
& OTHERS
. _..
ant to letter No. PC-111/2003/CRC/6 dated 9.10.2003 issued A
by Railway Board.
Allowing the appeals, the Court
HELD: 1.1 The policy of reservation can be applied at
the stage of restructuring of Group C and D cadres in the B
I
-;
railways and para 14 of letter dated 9.10.2003 is not viola·-
tive of doctrine of equality enshrined in Articles 14 and 16
of the Constitution of India. Once it is recognized that the
additional posts becoming available as a result of restruc-
turing of different cadres are required to be filled by pro- c
motion from amongst the employees who satisfy the con-
ditions of eligibility and are adjudged suitable, there can
be no rational justification to exclude the applicability of
the policy of reservation while effecting promotions, more
so because it has not been shown that the procedure for D
making appointment by promotion against such additional
posts is different than the one prescribed for normal pro-
motion. [Paras 20 and 25] [475-C, 479-C,D,E]
Ram Prasad and Ors. vs. D.K. Vijay and Ors. 1999 (7)
sec 251 - followed.
E
State of Rajasthan vs. Fateh Chand Soni 1996 (1) SCC
562 - relied on.
Union of India vs. VK. Sirothia 1999 SCC (L & S) 938;
All India Non-SC/ST Employees' Association (Railway) vs.
F
VK. Agarwal and Ors. 2001 (10) SCC 165 - distinguished.
~
General Manager, Southern Railway vs. Rangachari AIR
1962 SC 36; State of Punjab vs. Hira Lal and Ors. 1970 (3)
SCC 567; K. Manickaraj vs. Union of India 1997 (4) SCC 342-
referred to.
G
1.2 A conjoint reading of paragraph 103(7) of Rail-
way Establishment Code, Para 103{iii) of the Railway Es-
tablishment Manual and Circular R.B.E. No.113/97 makes
it clear that in the railways, the term 'cadre' generally de-
H
442
SUPREME COURT REPORTS
[2008] 11 S.C.R.
""
'i
""'f-
A . notes the strength of a service or a part of a service sane-
tioned as a separate unit. However, for the purpose of
roster, a wider meaning has been given to the said term
so as to take within its fold the posts sanctioned in diffe~-
ent grades. The reason for giving this enlarged meanin_g
B to 'the term "cadre" is that posts in the railway establish-
ment are sanctioned with reference~to grades. Even tern-
r-
porary, work charged, supernumerary and shadow posts
created in different grades can constitute part of the
cadre. [Para 14] [473-D,E,F]
c
1.3 In legal parlance, upgradation of a post-involves
the transfer of a post from the lower to the higher grade
and placement of the incumbent of that post in the higher
grade. Ordinarily, such placement does not involve selec::.
tion but in some of the service rules and/or policy framed
D by the employer for upgradation of posts, provision has
been made for denial of higher grade to an employee whose
,,...
service record may contairr-advers-e entries or who may
have suffered puExcerpt shown. Read the full judgment & AI analysis in Lexace.