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1994 Supreme(SC) 1288

N.P.SINGH, R.M.SAHAI
M. S. Usmani – Appellant
Versus
Union Of India – Respondent


Advocates:
Afzal, ARVIND SHARMA, C.V.SUBBA RAO, KITTY KUMARAMANGALAM, R.D.UPADHYAY, S.MURALIDHARAN

JUDGMENT

R.M. Sahsi, J.

1. The question of law that arises in these appeals directed against order of Central Administrative Tribunal, Lucknow Bench, is whether the appellants who were selected and appointed by a competitive examination against 10% quota reserved for graduates and were promoted even to a higher scale of pay could have been reverted subsequently, on assumption that the entire process of selection and appointment was against the rules.

2. Facts as they emerge from the order passed by the Central Administrative Tribunal and the affidavits filed by the parties, more particularly the Railways, are narrated in brief. In 1968 the Railway Board introduced a scheme under para 123 of the Indian Railway Establishment Manual in which provision was made for recruitment of Traffic Apprentices to the extent of 25% in various supervisory posts in the Transportation Department of the Railways. In 1972 the scheme of 25% was bifurcated pursuant to the decision taken in the Departmental Council of the Ministry of Railways under the Joint Consultative Machinery Scheme and it was decided to recruit the Traffic Apprentices by two methods— 15% through agency of the Railway Service Commission













































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