SUPREME COURT OF INDIA

Before:-K. Venkataswami and B.N. Kirpal, JJ.

Civil Appeals No. 3622 of 1995 with No. 9149 of 1995. D/d. 19.11.1998.

Union of India - Appellant

Versus

V.K. Sirothia - Respondent

A. Constitution of India, Articles 16(4) and 16(4-A) - Service Law - Reservation - Provisions - Applicability - Upgradation on account of restructuring of the cadres, the question of reservation will not arise - Not to interfere with the order of the Tribunal.

[Para 2]

B. Service Law - Upgradation of posts - If amounts to promotion attracting reservation - This appeal has to be allowed as the Tribunal has taken a contrary view.

[Para 4]

ORDER

CA No. 3622 of 1995

K. Venkataswami, J. - Heard counsel on both sides.

2. The finding of the Tribunal that "the so-called promotion as a result of redistribution of posts is not promotion attracting reservation" on the facts of the case, appears to be based on good reasoning. On facts, it is seen that it is a case of upgradation on account of restructuring of the cadres, therefore, the question of reservation will not arise. We do not find any ground to interfere with the order of the Tribunal.

3. The civil appeal is dismissed. No costs.

CA No. 9149 of 1995

4. In view of the order passed in Civil Appeal No. 3622 of 1995, etc., this appeal has to be allowed as in the order under appeal the Tribunal has taken a contrary view.

The appeal is, therefore, allowed. No costs.

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