Judgment

G.S. Singhvi, J. —

1.Whether the policy of reservation of posts for Scheduled Castes/Scheduled Tribes can be applied at the stage of giving effect to cadre restructuring exercise undertaken pursuant to letter No.PC-III/2003/CRC/6 dated 9.10.2003 issued by the Railway Board is the question which arises for determination in the above noted appeals filed against the Orders of Punjab & Haryana High Court which upheld the decision of Chandigarh Bench of the Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) to quash para 14 of the said letter and the direction given for making appointments de hors the policy of reservation. The special leave petition filed by the Union of India against the Order of Allahabad High Court is being disposed of along with appeals because the issue arising therein is similar.

2.For the sake of convenience, we have taken the facts from the record of Civil Appeal Nos.6934-6946 of 2005. The same are :-

(i)Respondents Pushpa Rani and six others joined service as Clerks in Ambala and Ferozepur Divisions of the Northern Railway. They were promoted as Senior Clerks and then as Head Clerks. They filed applications under Section 19 of the