UNION OF INDIA Vs. R AYYAPPAN

JUDGEMENT

(1.) Leave granted.

(2.) The dispute relates to an isolated post of operator (Ice Plant) in the integrated Fisheries Project of the Union of India. The recruitment rules provide for the post being filled by promotion failing, which, by direct recruitment. It is contended by the appellants that the vacancy, which is the subject-matter of dispute, was reserved for a Scheduled Caste candidate and hence the first respondent who had been working as an Assistant Operator for the last 26 years and was otherwise eligible for promotion was not entitled to be promoted to this post since he belonged to the general category the respondent in fact had been acting as operator since 31-8-1993 when the previous incumbent voluntarily retired.

(3.) The Central Administrative Tribunal, Ernakulam has allowed the application of the respondent on the ground that a solitary post cannot be reserved, relying upon the decision of this Court in Dr. Chakradhar Paswan v. State of Bihar, (1988) 2 SCC 214 and Chetana Dilip Motghare (Smt.) v. Bhide Girl Education Society, Nagpur, (1995) 1 Suppl. SCC 157 .