I H PATEL Vs. R K MISHRA
LAWS(GJH)-1983-9-17
HIGH COURT OF GUJARAT
Decided on September 09,1983

I H Patel Appellant
VERSUS
R K Mishra Respondents

JUDGEMENT

S.A.SHAH - (1.) The petitioners are confirmed senior clerks in the services of the Railway Administration. Respondents No. 2 and 3 are also senior clerks in the Railway Administration and belong to scheduled caste and scheduled tribe respectively. Both the respondents No. 2 and 3 are junior to the petitioners in the said cadre as shown in the seniority list at Annexure-A.
(2.) Promotional avenue from the post of as senior clerk is to the post of Head Clerk in Class III cadre. According to the petitioners there were 24 posts of Head Clerks in the department and the reservation of posts for Scheduled Castes and Scheduled Tribes candidates was 72 and 15% respectively. However the Railway Board has prescribed and published roster points after taking into account the reservation and the promotions are to be made in accordance with the roster points fixed by the Railway-Board which is in turn in accordance with the various resolutions published by the Central Government.
(3.) There is no doubt that six Senior Clerks whose names are mentioned in para 11 of the petition were promoted to the cadre of Head Clerks against the respective quota of Scheduled Castes and Scheduled Tribes and therefore their quota was complete. It is not in dispute that the Head Clerks belonging to SC/ST have been further promoted to the higher cadre of Chief Clerk and there occurred vacancy for two posts of Head Clerks. The question which arises for my consideration is as to how these two posts which have fallen vacant on account of promotion of two Head Clerks becoming to SC/ST are to be filled in whether the two Senior Clerks belonging to SC/ST should be replaced in the vacant posts or the roster is to be further operated.;


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