SUPREME COURT OF INDIA

Before:- B.N. Kirpal and Ruma Pal, JJ.

Contempt Petition (C) No. 304 of 1999 in CA No. 1481 of 1996. D/d. 31.1.2001

All India Non-SC/ST Employees' Association (Railway) - Petitioner

Versus

V.K. Agarwal and others - Respondents

For the Petitioner :- Indira Jaising, Senior Advocate (S. Muralidhar and S. Vallinayagam, Advocates with him.

For the Respondent :- Harish N. Salve, Solicitor-General (A. Mariaputham, Ms. Aruna Mathur and Ms. Sushma Suri, Advocates with him.

Reservation - Upgradation of existing posts - Total number of posts remained unaltered, though in different scales of pay, as a result of regrouping and the effect of which may be that some of the employees will go into the higher scales, it would be a case of upgradation of posts and not a case of additional vacancy or post being created to which the reservation principle would apply - Hence, the principle of reservation would not be applicable in such a case unless some additional posts are created in respect of which the same principle could be applied.

[Para 1]

ORDER

B.N. Kirpal, J. - It appears from all the decisions so far that if as a result of reclassification or readjustment, there are no additional posts which are created and it is a case of upgradation, then the principle of reservation will not be applicable. It is on this basis that this Court on 19-11-1998 had held that reservation for SC and ST is not applicable in the upgradation of existing posts and Civil Appeal No. 1481 of 1996 and the connected matters were decided against the Union of India. The effect of this is that where the total number of posts remained unaltered, though in different scales of pay, as a result of regrouping and the effect of which may be that some of the employees who were in the scale of pay of Rs. 550-700 will go into the higher scales, it would be a case of upgradation of posts and not a case of additional vacancy or post being created to which the reservation principle would apply. It is only if in addition to the total number of existing posts some additional posts are created that in respect of those additional posts the reservation will apply, but with regard to those additional posts the dispute does not arise in the present case. The present case is restricted to all existing employees who were redistributed into different scales of pay as a result of the said upgradation.

2. The Union of India shall rework the seniority in the light of the clarification made today and report back within 6 weeks from today.

3. List after 6 weeks.