in scale Rs.550 750.
The special leave petition filed by the Union of India against the order of Allahabad High Court is being disposed of along with appeals because the issue arising therein is similar.
109 posts of guards grade B were upgraded to guards grade A and 182 posts of guards grade C were upgraded to that of guards grade Consequently, 272 posts of guards remained in grade C. The above redistribution of posts was done as a result of restructuring of cadre of guards in Jhansi Division by the Railway Division manager.
For the sake of companyvenience, we have taken the facts from the record of Civil Appeal Nos.6934 6946 of 2005.
Loco Driver Rs.15 p.m. Rs.290 350 Fireman B Leave reserve posts for Fireman A Rs.260 350 hitherto kept in Fireman B to be upgraded to Fireman A Fireman C 30 of Fireman C to be upgraded to Rs.210 270 scale Rs.260 350 L Note 30 of Fireman C scale Rs.210 270 who are upgraded to scale Rs.260 350 will remain designated as Fireman C and utilized as far as possible on Mail, Express and Passenger Trains.
30 of posts to be given special pay Asstt.
and above to be upgraded to Guard A Spl.
the cut off date with the usual option for pay fixation as per extant rules.
Traffic Running Staff Passenger Guard A i All Passenger Train Guards Rs.425 600 having a run of 250 kms.
C Selection Grade Rs.425 600 posts operated as to be discontinued Selection Grade posts in Rs.425 600 Shunters 30 of Shunters to be upgraded as Rs.290 400 Shunting Drivers Rs.330 560 Fireman A Disel Asstt.
Originally 69 posts of guards grade A were upgraded and re designated as guards grade A Special .
The same are Respondents Pushpa Rani and six others joined service as Clerks in Ambala and Ferozepur Divisions of the Northern Railway.
Rs.425 640.
The further avenue of promotion of Fireman C in scale Rs.210 270 and Rs.260 350 will remain unaltered.
They pleaded that the exercise of restructuring undertaken by the government resulted in upgradation of the existing posts and in view of the law laid down by the Supreme Court, the policy of reservation cannot be applied while making appointment against the upgraded posts.
Some of the peculiar features of V.K. Sirothias case are Prior to 1.6.1981 there were 3 categories of guards in grades A, B and C in Jhansi Division of Central Railway.
PC III/2003/CRC/6 dated 9.10.2003 for giving effect to the policy of reservation of posts for Scheduled Castes and Scheduled Tribes at the stage of restructuring of Group C and D cadres.
The policy companytained in Railway Boards letter dated 25.6.1985 was companysidered by Allahabad Bench of the Tribunal in case bearing registration No.384 of 1986, V.K. Sirothia vs. Union of India and Others.
Leave Reserve for A Spl.
We shall number advert to the decisions of different benches of the Tribunal and orders passed by this Court in the companytext of the actions taken by the companypetent authority for giving effect to the policy of restructuring envisaged in letter dated 25.6.1985 for reservation of posts for Scheduled Castes and Scheduled Tribes.
She then filed O.A. No.509 of 2005.
On 1.6.1981 a fourth category was created, which was called as guards grade A Special .
The Allahabad Bench of the Tribunal relied on the order passed by this Court in V.K. Sirothias case and the one passed by the Full Bench of the Tribunal in O.A. No.933 of 2004 P.S. Rajput and two others v. Union of India and Others and held that the applicant respondent herein is entitled to be companysidered for the second post.Motormen on EMU Trains 50 on Western Railway and 40 on Rs.550 700 Central, Northern, Eastern, Southern and S.E. Railways to be upgraded as Driver A Spl.
PC III/2003/CRC/6 dated 9.10.2003 issued by the Railway Board is the question which arises for determination in the above numbered appeals filed against the orders of Punjab Haryana High Court which upheld the decision of Chandigarh Bench of the Central Administrative Tribunal hereinafter referred to as the Tribunal to quash para 14 of the said letter and the direction given for making appointments de hors the policy of reservation.
S. Singhvi, J. Whether the policy of reservation of posts for Scheduled Castes/ Scheduled Tribes can be applied at the stage of giving effect to cadre restructuring exercise undertaken pursuant to letter No.
