UNION OF INDIA Vs. VIRPAL SINGH CHAUHAN

JUDGEMENT

(1.) LEAVE granted in special leave petitions.

(2.) THESE appeals/writ petitions raise an important but difficult question concerning the nature of rule of reservation in promotions obtaining in the Railway service and the rule concerning the determination of seniority between general candidates and candidates belonging to reserved classes in the promoted category. The issue is best illustrated by taking the facts in the first of these matters, viz.. Union of India v. Virpal Singh Chauhan. The appeal is preferred against the judgment of the central Administrative tribunal (Allahabad bench) disposing of Original Application No. 647 of 691 1986 with certain directions. [It was originally tiled as a writ petition in the Allahabad High court which, on the constitution of the central Administrative tribunal (Allahabad bench), was transferred to the tribunal,] It was filed by, what may be called for the sake of convenience, employees not belonging to any of the reserved categories (hereinafter referred to as "general candidates" - which means open competition candidates). The Railway Administration as well as the employees belonging to reserved categories, i.e.. Scheduled Castes and Scheduled Tribes were impleaded as respondents. The writ petition/original application came to be filed in the following circumstances:

(3.) THE reserved candidates (respondents in the original application) supported the stand of the Administration. THEy submitted that the seniority list pertaining to Guards Grade 'C' is not relevant and cannot be followed in the matter of promotion to Grade 'A' Special from Grade 'A'. For the purpose of promotion to Grade A Special, the seniority list pertaining to Grade 'A' should be followed and since in that grade, the Scheduled Caste/Scheduled Tribe candidates were seniors, they were entitled to be promoted to Grade 'A' Special earlier than their juniors in that seniority list. THEy submitted that the seniority in a grade should be determined according to the date of promotion/appointment to that grade and not in any other manner. THEy submitted that inasmuch as in the higher grades, the representation of Scheduled Caste/Scheduled Tribe members was quite inadequate, the Scheduled Caste/Scheduled Tribe candidates obtained rapid 693 promotions from one grade to another but it is neither contrary to the rules nor is it inconsistent with Articles 16 and 14, In fact, the very rule of reservation in promotions is meant to increase the representation of Scheduled Caste/Scheduled Tribe candidates in the higher echelons of services quickly. No exception can be taken to the said rule, they submitted.