COMMISIONER OF CENTRAL SERVICE AND CUSTOMS Vs. JAYAKUMAR

JUDGEMENT

(1.) Is a member of the Scheduled Castes or Scheduled Tribes not entitled to be promoted to a Group C post despite the existence of a reserved vacancy merely because his name does not come within the zone of consideration The Tribunal has answered this question in favour of the employee. Aggrieved by the order, the Commissioner of Central Excise etc. have filed O. P. No. 7445/2002. The facts as relevant for the decision of this case may be briefly noticed.

(2.) The respondent is a member of the Scheduled Castes. He had joined service as an Operator (Telecom.) in the Central Excise Collectorate, Trichy on May 30, 1977. On September 7, 1987, he was transferred, at his own request, to the Cochin Collectorate.

(3.) In the year 1989, five vacancies in the cadre of Supervisor (Communication) were filled up by promotion. According to the roster prepared by the Department, one of these vacancies fell to the share of the members of Scheduled Castes. The respondent was not considered for promotion. In fact, no member of the Scheduled Castes was considered or promoted. Later on, as a result of restructuring, two more promotions were made vide Orders dated 15th July 1991 and 31st August 1992. The petitioner was qualified. Yet his claim was not considered. He submitted a representation on 13th October 1993. Thereafter, by office Order No. 165/94 dated 4th October 1994, he was promoted as Supervisor (Communication). He was not satisfied. Another representation was filed on 30th November 1994. On 24th July 1995, he was informed that the promotion having been given on the basis of the clarification issued by the Ministry on 9th December 1993, retrospective effect could not be given. Aggrieved by the order, he filed a petition under S.19 of the Central Administrative Tribunals Act, 1985. This petition was registered as O.A. No. 1503/1995. He claimed that he was entitled to be considered against the post reserved for the members of Scheduled Castes with effect from the year 1989. This petition was decided vide Order dated September 5, 1997. The Order dated July 24, 1995 rejecting the claim of the respondent was set aside. The Commissioner, Central Excise and Customs, Kochi, was directed to reconsider the matter.