ORDER

The original applicant before the Tribunal is the appellant herein. The applicant filed an original application before the Tribunal questioning the decision of the Railway Administration of the Union of India to invoke the 40-Point Roster on the basis of vacancies arising and not on the basis of cadre strength of promotion. It is not in dispute that keeping in view a large number of decisions rendered by different Benches of the Central Administrative Tribunal, the Tribunal, inter alia, held that reservation cannot be allowed to be implemented at the promotional level and further the Roster Point has to be considered having regard to the cadre strength and not of the vacancies. It was directed.

"Following the precedents, we hold:

(a) that the principle of reservation operates on the cadre strength;

(b) that seniority vis-a-vis reserved and unreserved categories of employees in the lower category will be reflected in the promoted category also notwithstanding the earlier promotion obtained on the basis of reservation.

Applying these principles, respondents-Railways will work out the reliefs. We are issuing the direction, as the apex Court though