Reservation in Promotion – Roster Point based, not Vacany based – Confederation
IMPORTANT SUPREME COURT JUDGEMENT – WITH EFFECT FROM 10.02.1995
RESERVATION IN PROMOTIONS SHOULD BE ROSTER POINT BASED (TOTAL NUMBER OF POSTS SHOULD BE THE BASIS FOR WORKING OUT NUMBER OF POST TO BE EARMARKED FOR EACH CATEGORY IN THE CASTE – WISE RESERVATION ROSTER) AND NOT VACANCY BASED.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 4751-4752/2011
V. LAKSHMIKANTHAN AND ANR.
UNION OF INDIA AND ORS. ETC.
J U D G E M E N T
1. Though several contentions are raised in these appeals, finally the learned counsel for the appellants has come down to one submission, since according to him, he is entitled to succeed on that. That submission pertains to the direction in R.K. Sabharwal and Others v. State of Punjab and Others, (1995) 2 SCC 745, regarding post based roster in the matter of promotions. It was made clear in R.K. Sabharwal (supra) that 10.02.1995 shall be the date for the purpose of following the post based roster. It appears, the Respondent No.2 was still not following the same which led to the decision in Union of India and Ors. v. Virpal Singh Chauhan and Others, (1995) 6 SCC 684. In paragraph 33 in Virpal Singh Chauhan (supra) it was made clear that the Railways
has to follow the principles as laid down in R.K. Sabharwal (supra). Paragraph Nos. 29 and 33 of the same are extracted below: