E A SATHYANESAN Vs. V K AGNIHOTRI

JUDGEMENT

(1.) The original applicant before the Tribunal is the appellant herein. The applicant filed an original application before the Tribunal questioning the decision of the Railway Administration of the Union of India to invoke the 40-Point Roster on the basis of vacancies arising and not on the basis of cadre strength of promotion. It is not in dispute that keeping in view a large number of decisions rendered by different Benches of the Central Administrative Tribunal, the Tribunal, inter alia, held that reservation cannot be allowed to be implemented at the promotional level and further the Roster Point has to be considered having regard to the cadre strength and not of the vacancies. It was directed :

(2.) The Union of India preferred a special leave petition thereagainst which was marked as SLP (C) No. 10691/1995, and by an order dated 31st (sic) August, 1996, the said petition was dismissed stating :

(3.) The appellant herein thereafter filed contempt petition before the Tribunal as its earlier order dated 6th September, 1994, had not been implemented within the period specified therein. The Tribunal, however, having regard to the observations made by this Court in its order dated 30th August 1996, observed that as both in the case of 'Sabharwal' (supra) as also in Ajit Singh-I (supra), the decision was directed to be applied with prospective effect the appellants were not entitled to any relief stating :