JATINDER KAUR Vs. UNION TERRITORY

JUDGEMENT

(1.) THIS OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief: - -

(2.) THROUGH this OA, the applicant has challenged the promotion of persons belonging to the Scheduled Caste Category who are junior to the applicant, to the post of Lecturer (History) in the pay band of Rs. 10300 -34800 + Rs. 5400/ - Grade Pay. The two junior -most persons belonging to the SC Category promoted as Lecturer (History) have been impleaded as respondents No. 3 & 4 in the OA.

(3.) IT is further stated that law is well settled by this Tribunal in O.A. No. 308/CH/2010 titled Rajesh Shukla and another Versus Union of India and others, decided by the CAT, Chandigarh Bench on 13.03.2012 (Annexure A -5). This matter was decided in view of the Hon'ble Supreme Court judgment in Indra Sawhney s case, Virpal Singh Chauhan s case, M. Nagraj case and Suraj Bhan Meena s case according to which the State has to undertake an appropriate survey on the quantifiable data regarding adequacy of representation of the reservation. In nut shell, reservation is not applicable straightway in promotion until or unless survey is done by the respondents. In the present case, no such action has been taken by the respondents and straightway junior SC Category candidates who are not to be considered by the respondents being junior for promotion against the available vacancies have been considered. The case of the applicant is fortified from the judgment rendered by the Hon'ble Supreme Court in case titled M. Nagraj and others Versus Union of India and others, reported as : (2006)8 SCC 212 (Annexure A -6). It has been held therein that the State concerned will have to place before the Court requisite quantifiable data in each case and satisfy the Court that the reservation became necessary on account of inadequacy of representation of SCs/STs, which has not been done in the present case. The other judgments of Hon'ble Supreme Court of India prohibit the respondents from promotion to the higher posts of junior candidates from reserve categories in case titled Suraj Bhan Meena and another Versus State of Rajasthan and others, reported as : 2011 (2) RSJ 318 (Annexure A -7).