Judgment

Santosh Hegde, J.-C.A. Nos. 10658-59/96 :

These appeals arise out of the order dated 22.9.1995 made by the Central Administrative Tribunal, Ernakulam Bench (for short ‘the tribunal’) in O.A. Nos. 186/94, 961/95 and 1192/94. The applicants therein questioned the selection made by the Departmental Promotion Committee and consequential promotion of the appellant to the post of Superintendent of Customs in a vacancy reserved for Scheduled Castes. The contention before the tribunal was that the percentage of reserva­tion has always to be worked out in relation to the number of posts which formed the cadre strength and the said reservation is not to be made with reference to a vacancy.

2. Since the law in regard to the above stated position was nebulous, a Constitution Bench of this Court in the case of R.K. Sabharwal & Ors. v. State of Punjab & Ors.1 settled the said issue holding that such reservation is in relation to the number of posts comprising in the cadre and not in relation to vacancies. The judgment of the Con­stitution Bench was delivered on 10.2.1995. This Court in the said judgment after taking into consideration the fact that the law was not clear till that date, obs