RAJ KUMAR, MAIN PAL SINGH AND MUKESH PAL SINGH Vs. DELHI TRANSPORT CORPORATION THROUGH CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) IN this Original Application, the applicants have prayed for the following relief:

(2.) A counter reply has been filed by the respondent refuting the claim made by the applicants. In the counter reply, it is stated that none of the applicants has approached the respondent about their purported grievance prior to filing of the instant Original Application. The respondent has referred to DoP&T's O.M. No. 36012/2/96 -Estt.(Res) dated 2.7.1997 (Annexure A) issued in compliance with the judgment of the Hon'ble Supreme Court in R.K. Sabharwal v. State of Delhi regarding applicability of post -based roster point; and O.M. No. 36028/17/2001 -Estt.(Rs) dated 11.7.2002 and O.M. No. 36028/17/2001 -Estt.(Res) dated 31.1.2005 (Annexures B and C) regarding the effect of promotion of SC/ST candidates on their own merit. They have also referred to the order of the Madras Bench of the Tribunal in OA No. 900 of 2005 (S. Kalugasalamoorthy v. Union of India and others) setting aside the DoP&T's O.M. dated 31.1.2005, and to the decision of the Hon'ble Madras High Court upholding the said order of the Tribunal. It is also stated by the respondent that in compliance with the aforesaid order passed by the Madras Bench, which was upheld by the Hon'ble Madras High Court, the Government of India, Department of Personnel & Training, vide O.M. No. 36012/45/205 -Estt.(Res) dated 10.8.2010, withdrew the O.M. No. 36028/17/2001 -Estt.(Res) dated 31.1.2005 and clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualification would be adjusted against the unreserved points of reservation roster, irrespective of the fact whether the promotion was made by selection method or non -selection method. The said clarification was also directed to be effective from 2.7.1997, i.e., the date on which the post -based reservation was introduced. It is further stated that taking into consideration the provisions contained in O.M. dated 31.1.2005(ibid), the promotions, on the basis of seniority -cum -fitness were being made in various categories of posts in the Corporation and the SC/ST candidates promoted on their own turn/merit were being treated as SC/ST. As a result, SC candidates could not be considered for promotion against the reserved points for a long intervening period. Consequent upon withdrawal of the O.M. dated 31.1.2005(ibid), roster has been re -casted from 2.7.1997 onwards and a major part of SC candidates whosoever promoted during these years have now been treated as promoted on their own turn. Therefore, in order to give adequate representation to SC candidates against the reservation quota of 15%, the service records were called for, vide O.M. dated 20.2.2013.

(3.) WE have perused the records and heard the learned counsel appearing for the parties.