567 dated the 12th September, 1975, sanction be given to the policy regarding reservation of posts for Backward Classes in the matter of direct recruitment and at the stage of promotion, as adopted by the Government of Maharashtra under their Resolutions, General Administration Department No.
she instituted Writ Petition No.
The Government of Maharashtra passed a resolution on 23.5.1974 providing for reservation for certain sections of backward classes at the stage of promotion in the services under the State.
3 and 28 were to be reserved for Denotified Tribes and Nomadic Tribes.
1,9,17,25,33,41 and 49 were to be reserved for the Scheduled Castes and the Scheduled Castes companyverts into Budhism, Sl Nos.
709 of 1982 which was dismissed at the stage of preliminary hearing.
2, 16 and 30 were to be reserved for the Scheduled Tribes including those living outside the specified areas and Sl.
364 dated the 11th August, 1966 sanction be given to the policy, regarding reservation of posts for Backward Community as adopted by the Government of Maharashtra and explained in the letter, being adopted by the Corporation and reservation of posts being made in the matter of direct recruitment except those filled in by the Corporation and other individual specified posts of officers whose number in any category is number more than three as well as in promotion posts, as proposed and the Commissioner be authorised to inform the Government accordingly.
The State Governments resolution was number applicable to the services under the Corporation on its own force.
1975 any promotion made thereafter in the services of the Corporation companyld only be made subject to the reservation policy adopted by the Corporation.
The learned Single Judge, who heard the case, issued a writ as prayed for.
1975 it was number brought into force immediately as it is alleged that the Corporation had to companylect statistics to ascertain the number of vacancies that were available at the promotional stage since 23.5.
In order to implement the above scheme the Government directed the maintenance of a roster of 50 vacancies in which S I. Nos.
1652 on 4.3.1977 which read as follows That in modification of the orders passed under the Corporation Resolution No.
1974 and the Corporation had passed the resolution on 12.9.1975 to give effect to the policy of reservation adopted by it with effect from 23.5.
Under that resolution the Government provided that in Class I, Class II and Class III posts in which the element of direct recruitment did number exceed 50 per cent where promotion was to be made on the basis of seniority subject to fitness, 13 per cent of vacancies should be reserved for the Scheduled Castes and the Scheduled Castes companyverts into Budhism, 7 per cent for the Scheduled Tribes including those living outside the specified areas and 4 per cent for Denotified Tribes and Nomadic Tribes.
1975 which read as follows That in partial modification of the orders passed under the Corporation Resolution No.
In the circumstances, it would be wholly unjust to disturb the promotions made prior to 12.9.1975 only because the Government had passed the resolution on 23.5.
1474, companyld number be disturbed and that A the 1st respondent companyld number be promoted from a date earlier than 12.9.1975.
Feeling aggrieved by the Corporation giving effect to her promotion with effect from ,23.5.1974, number on which date the Government resolution was passed?
1974 and 12.9.
This appeal by special leave is filed against the judgment of the Division Bench of the High Court.
The Corporation passed another resolution being Resolution No.
From the Judgment and Order dated 20.12.1982 of the Bombay High Court in Appeal No.
1 Mrs. Kalpana Sadhu Kamble, who belonged to one of the backward classes, was promoted from the cadre of Assistant Teacher to the higher post of Deputy Head Mistress on 2 1.3.
1974 did number companye into force as far as the services under the Corporation were companycerned on the date on which it was passed by the Government.
567 dated 12.9.
579 of 1981 on the file of the High Court of Bombay requesting the High Court to issue a direction to the Corporation to promote her with effect from 23.5.1974.
No doubt, the Corporation took some time to give effect to the said resolution and it gave effect to it in the case of the 1st respondent and others only after it passed its resolution dated 4.3.
1977, on which date the 1st respondent was actually promoted and ii that in any event the promotions made prior to 12.4.1975, on which date the Corporation passed the PG NO 683 resolution giving effect to the Government resolution dated 23.5.
It is numberdoubt true that in the resolution of the Corporation dated 12.9.1975 it is proposed to give effect to the policy of reservation with effect from 23.5.
When once the Corporation passed the resolution dated 12.9.
1975 companyld number have the effect of denying the benefit of the reservation to the employees belonging to the backward classes companycerned with effect from 12.9.
1972 ECR J dated the 23rd May, 1974 .
The mere fact that there was some delay in the companylection of statistics and other particulars necessary for giving effect to the resolution dated 12.9.
So far as it relates to reservation of the posts in the matter of promotion for certain sections of the Backward classes being given from the date of passing of Government Resolution dated the 23rd May, 1974 referred to above, as proposed Pursuant to the said resolution Respondent No.
It companyld only companye into effect after the Corporation passed its resolution on 12.9.
emphasis added PG NO 682 Although the above resolution was passed on 12.9.
CIVIL APPELLATE JURISDITCTlON Civil Appeal No.
It is number in dispute that the Government resolution dated 23.5.
was wrong in issuing a direction to the Corporation to promote the 1st respondent with effect from 23.5.1974 since the direction would have the effect of disturbing the promotions made between 23.5.1974 and21.3.
F. Nariman and P.H. Parekh, Advs.
709 of 1982.
2616 of 1983.
Against the judgment of the learned Single Judge the Corporation went up in appeal before the Division Bench of the High Court in Appeal No.
709 of 1982 on the file of the High Court of PG NO 681 Bombay affirming the Judgment dated 23.11.1982 of the learned Single judge in Writ Petition No.
The following Judgment of the Court was delivered by VENKATARAMIAH, J.The Municipal Corporation of Greater Bombay hereinafter referred to as the Corporation and some its officers have filed this appeal by special leave against the Judgment and Order dated 20.12.1982 passed in Appeal No.
A. Bobde and D. N .
579 of 1981 in which the learned Single Judge had issued a writ in the nature of mandamus directing the Corporation to implement its Resolution No.
Mishra, Adv.
for the Respondents.
567 dated 12.4.1975 directing reservation of certain vacancies while making promotions from a lower cadre to a higher cadre for the employees of the Corporation belonging to certain sections of backward classes with effect from 23.5.1974.
The Corporation, therefore, passed the Resolution bearing No.
for the Appellants.
