P. SHESHADRI versus UNION OF INDIA AND ANR.

P. SHESHADRI versus UNION OF INDIA AND ANR.

The appellant, as the only eligible Scheduled Tribe officer, should have been promoted to Dy. Director/Executive Engineer according to the reservation policy and Office Memoranda, and not doing so was a serious error and illegality. The combined select list is not to be followed so as to negate the reservation quota; the policies require picking up SC/ST candidates according to the reserved vacancies and their turn in the select lists.

Parties
Appellant: P. Sheshadri; Respondents: Union of India and Anr.
Jurisdiction
India
Judgment Date
09 March 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Central Administrative Tribunal Decision
Outcome
appeal allowed
Legal Topics
Promotion, Reservation Policy, Scheduled Tribe, Central Water Engineering (group A), Interpretation of Office Memoranda
Service Law Promotion Reservation Policy Scheduled Tribe Central Water Engineering (group A) Interpretation of Office Memoranda

Case Brief

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Parties

P. Sheshadri

Appellant

Union of India and Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether the appellant, a Scheduled Tribe candidate, was entitled to promotion to Dy. Director/Executive Engineer under the reservation policy and relevant Office Memoranda despite his placement in the promotion panel

Ratio Decidendi

The appellant, as the only eligible Scheduled Tribe officer, should have been promoted to Dy. Director/Executive Engineer according to the reservation policy and Office Memoranda, and not doing so was a serious error and illegality. The combined select list is not to be followed so as to negate the reservation quota; the policies require picking up SC/ST candidates according to the reserved vacancies and their turn in the select lists.

Court Disposition

appeal allowed

Orders

  • Impugned order of tribunal set aside
  • Appellant’s application before tribunal allowed