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(2008) 9 Supreme Court Cases 283
(BEFORE K. VENKATASWAMI AND B.N. KIRPAL, JJ.)
UNION OF INDIA – Appellant
Versus
V.K. SIROTHIA - Respondent
Civil Appeals No. 3622 of 1995 with No. 9149 of 1995
Decided on November 19, 1998
Promotion - Reservation - Upgradation and restructuring of cadres
Fact of the Case:
The Tribunal found that the so-called promotion as a result of redistribution of posts did not attract reservation due to upgradation on account of restructuring of the cadres.
Finding of the Court:
The Court upheld the Tribunal's finding, stating that the case involved upgradation due to restructuring of cadres, and therefore, reservation did not apply.
Issues: The issue was whether the redistribution of posts resulting in promotion attracted reservation or not.
Ratio Decidendi: The key legal principle was that upgradation on account of restructuring of cadres does not attract reservation, and the question of reservation does not arise in such cases.
Final Decision: The civil appeal was dismissed, and the appeal was allowed based on the contrary view taken by the Tribunal in the order under appeal.
ORDER
1. Heard counsel on both sides.
2. The finding of the Tribunal that "the so-called promotion as a result of redistribution of posts is not promotion attracting reservation" on the facts of the case, appears to be based on good reasoning. On facts, it is seen that it is a case of upgradation on account of restructuring of the cadres, therefore, the question of reservation will not arise. We do not find any ground to interfere with the order of the Tribunal.
3. The civil appeal is dismissed. No costs.
4. In view of the order passed in Civil Appeal No. 3622 of 1995, etc., this appeal has to be allowed as in the order under appeal the Tribunal has taken a contrary view. The appeal is, therefore, allowed. No costs.
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