JUDGMENT

Rajendra Babu, J.-These appeals arise out of an order made by the Central Administrative Tribunal, Madras Bench (hereinafter referred to as the Administrative Tribunal ) in which the selection against 30% quota for the post of Assistant Controller of Stores in the Stores Department of the Southern Railway through limited Departmental Competitive Examination held in June 1994 was challenged on the ground that no reservation for Scheduled Caste/Scheduled Tribe had been made as required. The Railway Board had instructed by its letter sent on 16.6.1992 that while computing the reserved quota such of the employees belonging to the said class already in the grade had to be taken and if it was more than the prescribed percentage, no reservation shall be provided and if such quota was less, reservation must be provided. A clarification was subsequently issued on 29.7.1993 to the effect that Scheduled Caste/Scheduled Tribe candidates who have been promoted on their own merit and seniority should not be counted as reserved candidates and this has been the declaration of law made by this Court in R.K. Sabharwal & Ors. v. State of Punjab & Ors.1, and Union of India & Ors. v. Virpal Si