RAVI SHANKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Original Application has been filed by the Applicants challenging the impugned Annexure A -1 order dated 14.06.2012 and Annexure A -2 order dated 27.12.2012 to the extent of granting reservation in promotion and also for a direction to the Respondents to treat all the posts as unreserved and to fill up the same without applying reservation.

(2.) THE brief facts of the case: By the impugned Annexure A -1 order dated 14.06.2012, the second Respondent, namely, the General Manager (P), Northern Railway, Baroda House, New Delhi, decided to hold selection by promotion from Group C to Group B post of AOM against 30% quota vacancies for the year 01.12.2011 to 03.11.2013 in the Traffic (Transportation), Northern Railway. By the said letter, out of the 4 posts available for promotion, one post each has been reserved for SC and ST candidates. By the impugned Annexure A -2 order dated 27.12.2012, the said respondent has decided to hold written test for the aforesaid promotion to form a panel of 4 vacancies.

(3.) THE Respondents have filed their reply stating that the Government of India has decided to bring the Constitutional Amendment Bill by suitably changing the Article 16(4A) of the Constitution to do away with the conditions laid down in M. Nagarajs case (supra). They have also stated that the Constitutional Amendment Bill has also been passed by the Rajya Sabha and pending before Lok Sabha for consideration/passing. Since the Government of India has taken an in -principle decision to continue reservation in promotion by bringing Constitutional Amendment Bill, which has already been passed by the Rajya Sabha, it would be appropriate to continue with the existing practice of continuation of reservation in promotion as per the existing procedure.