THE MAHANAGAR TELEPHONE NIGAM LTD REPUBLICAN EMPLOYEES UNION, THROUGH ITS GENERAL SECRETARY SHRI DILIP GHAYVAT Vs. THE MAHANAGAR TELEPHONE NIGAM LTD THROUGH THE CMD AND EXECUTIVE DIRECTOR, MUMBAI

JUDGEMENT

(1.) Heard.

(2.) Rule. By consent of the parties, petition is taken up for final disposal at the admission stage.

(3.) The questions that are posed for our consideration in the instant petition are (I) as to whether the Central Administrative Tribunal failed to consider the correct interpretation of the office memorandum dated 10.2000, in view of the expressions "restoration" and "inoperative" contained therein. (II) Whether the amendment incorporated in the Constitutional provision that Art. 335 will be operative for the purposes of prescribing lower standard of assessment of S.C. and S.T. Category candidates in matter of promotion from the date of assent of the President of India or from the date of issuance of office memorandum by the Government of India and the effect of the issuance of office memorandum on 10.2000. (III) Whether the office memorandum read with the constitutional provision has an effect of restoring the position prevailing prior to decision of the Government of India and its Order of 1997 withdrawing 1970 Order issued by the Department of Personnel relaxing the standard for SC/ST Government employees in the departmental competitive/confirmation and promotional examination. (IV) Whether it would be obligatory on the part of the respondent No.3 to give effect to the amendment of Art. 335 of the Constitution of India from 10.2000 i.e. the date of issuance of office memorandum by the Union of India though the President of India assented to the amendment on 8.9.2000 and lastly (V) the effect of the Constitutional Bench's decision in Civil Appeal Nos.6046-6047 of 2004 in the matter of Rohtas Bhankhar and Others Vs. Union of India and Anr. decided by the Apex on 15.7.2014.