V. LAKSHMIKANTHAN Vs. UNION OF INDIA

JUDGEMENT

(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) S.C.T 646 : (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(4) S.C.T. 695 : (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:

(2.) However, it is the case of the Railways that it took some more time for them to take a call on the issue of following post based reservation and finally it was clarified on 14.09.2006 that the post based reservation would be followed only with effect from 16.11.2005. In fact, it has been said so in an affidavit filed before this Court in an answer to a query from this Court in the order dated 25.10.2017. The query and answer given in the affidavit filed on 17.11.2017 read as follows:-

(3.) We are afraid that this stand cannot be justified. This Court in Virpal Singh Chauhan (supra), having directed the Railways to specifically follow the principles as laid down in R.K. Sabharwal (supra) with effect from 10.02.1995, the post based roster has to be followed from 10.02.1995.