K.C.Agrawal, J. - (1.) This writ petition under Article 226 of the Constitution has been filed by the employees posted in the Personnel Branch, Northern Railway, Allahabad. They held posts of Superintendent, Assistant Superintendents, Head Clerk or Senior Clerks in that branch. These were Class III posts. In the Personnel Branch, the entry post is Junior Clerk (Grade Rs. 260-400/-) from amongst whom promotions to the extent of 80 per cent are made as Senior Clerks Grade Rs. 300-500. From Senior Clerks, there are three Sub-Divisions, where promotees could go : 1. Personnel Inspector, Grade Rs. 425-660. 2. Head Clerk, Grade Rs. 425-700. 3. Welfare Inspector, Grade Rs. 425-650.
(2.) From Personnel Inspector avenue for promotion is to the post of Divisional Personnel Inspector and thereafter as Chief Inspector Grade Rs. 700-900. From Head Clerks promotions are to the post of (b-ii) Assistant Superintendents, Grade Rs. 550-770 and (b-iii) Superintendents Grade Rs. 700-900. The promotions from (d-i) Welfare Inspectors is to the post of (c-ii) Senior Welfare Inspectors Rs. 550-750, and to (c-iii) Senior Welfare Inspector Grade Rs. 700-900.
(3.) The petitioners alleged that on 27-4-1969 the Railway Board issued directions for reservation of Scheduled Castes and Scheduled Tribes (briefly stated as S.C. and S.T.) candidates for the posts filled by promotion in the Railways. In the counter-affidavit, the Railways have, however, stated that the latest orders of Railway Board issued under their letter No. 76-E(SCT)/15/10, dated 19-4-1976 provided for reservation of 15 per cent and 71/2 per cent for S.C. and S.T. employees respectively in respect of the posts filled by promotion on the basis of seniority-cum-suitability. The aforesaid letter was in supersession of the Railway Board's orders contained in letter No. E/SCT/72-CM-15/5, dated 11-1-1973. In order to secure the object of reservation of 15 per cent and per cent for S.C. and S.T. respectively the Railways invented method of 40 points-roster. This is media for filling up all the vacancies, whether reserved or unreserved. There are reservation points Nos. 1,8,14,22,28 and 36 for S.C. community candidates and points 4,17 and 31 for S.T. community candidates in the 40 points roster. If the number of candidates of the appropriate community is not available up to the extent the number of vacancies reserved in their favour at the time of promotion, the unfilled reserved vacancies may be filled by general candidates after de-reservation under order of the Railway Board and unfilled quota is carried forward to the subsequent three promotional years, during which the administration should exert all efforts to recoup the shortfall. Other points in roster are treated as unreserved and are not reserved for those which are filled by any candidate, whether S.C. or general by virtue of their position acquired in the select list/panel. The circular of the Railway Board dated 21-2-1976 provides, amongst others : (1) The prescribed quota is the minimum and not the maximum. (2) A Scheduled Caste/Scheduled Tribe person appointed against an earlier point, even if it is unreserved, cannot be adjusted against subsequent reserved point according and/or filled at a subsequent date; and (3) All the points other than reserved points in the roster are to be treated as unreserved and not reserved for "others".;