Rules of reservation like SC,ST, OBC quota would not apply to upgradation of posts in Government establishments as the benefit could be extended only to promotional posts, the Supreme Court has held.
A bench of justices R V Raveendran and Markandeya Katju quashed the concurrent rulings of the Central Administrative Tribunal (CAT), Chennai branch and the Madras High Court that rules of reservation would apply even to upgradation of posts.
"As upgradation involves neither appointment nor promotion, it will not attract reservation. Upgradation involves mere conferment of financial benefits by providing a higher scale of pay. If there is mere upgradation of posts, as contrasted from promotion, reservation provisions would not apply," Justice Raveendran writing the judgement observed.
The apex court passed the ruling while upholding the appeal filed by the Bharat Sanchar Nigam Ltd, challenging the directions of the tribunal to restore to Grade 1V the services of certain employees all over the country. The said employees were initially upgraded to Grade 1V from Grade III by applying the reservation rules.
The Government withdrew the upgradation and restored them to the original posts after the CAT, Ahmedabad branch and the Allahabad High Court took the view that reservation rules would not apply to upgradation.
But some of the aggrieved reserved category employees working in Tamil Nadu region approached the CAT in Tamil Nadu against the reversion which ruled in their favour. The Madras High Court concurred with the tribunal's view following which BSNL appealed in the apex court.
A bench of justices R V Raveendran and Markandeya Katju quashed the concurrent rulings of the Central Administrative Tribunal (CAT), Chennai branch and the Madras High Court that rules of reservation would apply even to upgradation of posts.
"As upgradation involves neither appointment nor promotion, it will not attract reservation. Upgradation involves mere conferment of financial benefits by providing a higher scale of pay. If there is mere upgradation of posts, as contrasted from promotion, reservation provisions would not apply," Justice Raveendran writing the judgement observed.
The apex court passed the ruling while upholding the appeal filed by the Bharat Sanchar Nigam Ltd, challenging the directions of the tribunal to restore to Grade 1V the services of certain employees all over the country. The said employees were initially upgraded to Grade 1V from Grade III by applying the reservation rules.
The Government withdrew the upgradation and restored them to the original posts after the CAT, Ahmedabad branch and the Allahabad High Court took the view that reservation rules would not apply to upgradation.
But some of the aggrieved reserved category employees working in Tamil Nadu region approached the CAT in Tamil Nadu against the reversion which ruled in their favour. The Madras High Court concurred with the tribunal's view following which BSNL appealed in the apex court.
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