Original Application No. 161 of 2007. Case: 1. J. Rajmohan; 2. R. Ramakrishnan; 3. P. Subramanian; 4. S. Sekharan; 5. A. Francis Xaviour; 6. K. Mumurthy; 7. S. Ganesan; 8. S. Bhaskaran; 9. R. Rajendran; 10. M. Viswanathan Vs 1. Union of India, Secretary To The Government of India, New Delhi; 2. Divisional Railway Manager, Palghat; 3. Senior Divisional Personnel Officer, Palghat. Central Administrative Tribunal
| Case Number | Original Application No. 161 of 2007 |
| Counsel | T. C. Govindaswamy, P. K. Nandini |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Service Laws |
| Judgement Date | May 01, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member), (Ernakulam Bench)
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This case poses a very interesting question. While filling up the vacancies both under the general category and reserved category, for the post of Goods Drivers (Loco Pilots 'Goods), whether the vacancies should be filled up in the order of vacancies that arose in the aforesaid category or the vacancies under general category should first be filled up and the reserved category later.
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Brief Facts:
(a) Vide Annexure A-1, certain guidelines were given as to how to have the vacancies filled up. The said guidelines read as under:-
"R.B.E. No. 103/2003
Subject: Reservation in promotion 'Treatment of SC/ST candidates promoted on their own merit.
Reference: Railway Board's letter No. 99-E(SCT)I/25/13
dated 7.8.2002 (Bahri's 128/2002, p. 147)
[No. 99-E(SCT)I/25/13 dated 20.6.2003]
Some of the Zonal Railways have raised doubts regarding Para (i) of the above quoted letter and sought a categorical clarification as to how the SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications is to be adjusted in the post based roster.
In this context, it is clarified that in selection posts, SC/ST candidates who are selected by applying the general standard and whose names in the select list/panel appear within the number of unreserved vacancies are to be treated as selected on their own merit. For example, suppose there are a total of 10 vacancies for which a panel/select list is to be prepared. Out of them, six vacancies are unreserved and four are reserved for SCs/STs. First six candidates in the select list/panel who have been selected by applying the general standard will be adjusted against unreserved vacancies irrespective of the fact whether they or some of them belong to SC or ST category. SC/ST candidates selected for remaining four reserved vacancies, whether selected on general standard or by giving relaxations/concessions as per existing instructions on the subject, shall be adjusted against reserved vacancies. Similarly, in case of non-selection promotions, SC/ST candidates who are senior enough to be within the number of unreserved vacancies and are included in the panel/selection list without getting any relaxation/concession will be treated as own merit candidates.
The clarification issued vide Board's letter No. 97-E(SCT) I/25/24, dated 30.6.1999 (Bahri's 152/1999, p.151), are superseded by Board's letter of even number dated 7.8.2002 (Bahri's 128/2002, p.147). The principle laid down vide Board's letter of even number dated 07.08.2002...
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