UNION OF INDIA Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) THIS petition raises an interesting question of law. The question which requires consideration is as to whether SC/st candidates appointed by promotion on their own merit are entitled to be adjusted against the reserved points of the roster, or in the general category. The respondents herein, who belong to general category, claim that action of the Government in not adjusting such SC/st candidates against the reserved points but giving them the slots in the general category was not appropriate. They challenged the action of the Government by filing OA No. 2095/2004. This oa has been allowed by the Tribunal vide its judgment dated 31. 1. 2005. Feeling aggrieved, the Union of India has preferred this petition impugning that judgment. Before taking note of the rival contentions, it would be appropriate to note as to how Tribunal has dealt with the issue.

(2.) RESPONDENTS, who are to in numbers, were employed as Inspectors of central Excise under the charge of Chief Commissioner, Central Excise, delhi, (petitioner No. 3 herein ). The cadre of Inspectors is a feeder cadre for promotion to the post of Superintendent Grade 'b'. As per the recruitment rules for this promotional post, an Inspector with 8 years' service on regular basis is eligible for consideration for promotion to the next grade of superintendent Grade B which is a selection post. The selection is to be made on the basis of relative performance of the Inspectors in the feeder cadre and their seniority in that cadre. As per Government of India instructions, reservation to the extent of 15% and 7. 5%is provided for SC/st category inspectors for promotion to the said post respectively. This policy of reservation is implemented by post based roster system introduced vide dopandt OM dated 2/7/1997 read with OM dated 11. 7. 2002. The Chairman, central Board of Excise and Customs (petitioner No. 2 herein) has issuedletter dated 18/3/2003 interpreting aforesaid OM dated 11. 7. 2002 stating that this reservation is to be granted in the following manner:

(3.) AS per the aforesaid clarification, those SC/st candidates who are selected on their own merit are to be adjusted against unreserved slots. Following this mandate, when promotion of Inspectors to the superintendent Grade B was made, some of the persons belonging to SC/st category were adjusted against unreserved posts meant for general category candidates.