K.C.MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE issue is short and we have heard learned counsel for the writ petitioners.

(2.) RAGHUBIR Singh, Prem Eswar, Nand Lal, M.R.S.Shital, Mahboob Singh and Veer Singh filed O.A.No. 948/1998 before the Central Administrative Tribunal challenging the roster in the cadre of Income Tax Officers issued on June 9, 1997 followed by promotion orders dated October 31, 1997, December 31, 1997, February 02, 1998, February 09, 1998, March 25, 1998 and March 31, 1998 pertaining to M.L.Wasan, Jitender Chand, Shiv Dayal, M.L. Meena and Hira Singh Nagi.

(3.) THE grievance was that the roster circulated on June 9, 1997 had indicated that the entire quota for Scheduled Castes candidates had been utilised and there was a short fall in the General Category candidates and Scheduled Tribes candidates. It was pointed out by the applicants that there were two fundamental errors in preparing the roster. The first was to allocate the SC roster point to SC candidates who had joined service on their own merit, meaning thereby said candidates had to be treated as in the General Category, and if this was done, the roster would reveal that not all SC posts were filled up. The second grievance was that in the past, there being no ST candidates available, roster point post for ST candidates had been released in favour of the SC candidates and in this manner the roster points pertaining to ST candidates got consumed. Meaning thereby that roster point for ST candidate which was filled up from amongst eligible SC candidates had to be treated as filling up against the ST roster point vacancy and to treat the said roster point vacancy still being available to a ST candidate and as a consequence treat SC candidates to be in excess was wrong.