http://www.indianexpress.com/news/caste-reservation-not-applicable-for-up-gradationsc/843691/
Caste reservation not applicable for up gradation:SC
Agencies Posted online: Thu Sep 08 2011, 21:02 hrs
New Delhi : 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 BSNL, 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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