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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
A.Suresh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court over tribunal orders (Para 1 , 2) |
| 2. arguments on scheduled caste promotion claims (Para 3 , 4 , 5 , 6) |
| 3. counterarguments on roster application and merits (Para 7 , 8 , 9 , 10 , 11) |
| 4. analysis of roster system application reference (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. ratio on application of reservation in promotions (Para 18 , 19 , 20 , 21) |
| 6. dismissal of writ petition with no costs (Para 22) |
ORDER :
This writ petition has been filed to quash the order of the Tribunal made in O.A.No.231 of 2016, dated 19.01.2022 and consequently, direct the respondents 2 to 4 to promote the petitioner as ADFO, in the vacancy falling in the 7th reserved point in the roster.
3. The learned Senior counsel appearing for the petitioner would submit that the petitioner, who is a Scheduled Caste candidate belongs to a reserved category and that he is working as a Station Officer in the Fire Department and his avenue of promotion is the Additional Divisional Fire Officer (hereinafter referred to as “ADFO”). He would submit that the roster is being maintained by the respondents 1 to 4 with regard to the Officer who held the post of ADFO right from the date of ince
The promotion process in a single post cadre must adhere to merit, and reservation under roster systems is only applicable once the cadre is pluralized, not retroactively from inception.
The court emphasized that once a reservation roster point is filled, it cannot be reopened retroactively, affirming the rights created under validly operated rosters.
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
The court established that the promotion process must strictly adhere to the applicable recruitment rules and reservation policies, and that the status of posts as reserved or un-reserved can be dete....
The main legal point established in the judgment is that the recommendation and promotion of the respondent No.4 to the post of DLR&SO were in accordance with the Post Based Roster and the reservatio....
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