M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Chandigarh Administration – Appellant
Versus
Mahipal Singh – Respondent
| Table of Content |
|---|
| 1. overview of the promotion process and vacancy status. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. respondent's argument against the promotion denial. (Para 14 , 15 , 16) |
| 3. tribunal's order and reasoning. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. petitioners' stance on the reservation policy. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. court's analysis on reservation and promotion legality. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. final decision to dismiss the oa. (Para 39 , 40 , 41) |
JUDGMENT
M.S. Ramachandra Rao, J.
The background facts This Writ Petition is preferred by the Chandigarh Administration and others challenging the order dt.28.11.2020 passed by the Central Administrative Tribunal (respondent No.2) [hereinafter referred to as 'the Tribunal'] in OA-060/00648/2019.
2. Respondent No.1 herein had approached the Tribunal for quashing of an order dt.11.06.2019 read with Advice dt.13.06.2018 and advertisement dt.14.06.2019 by which claim of respondent No.1 for promotion as Senior Scale Stenographer was declined and the post was sought to be filled by way of direct recruitment by reserving it for Scheduled Caste category by the State Consumer Dispute
Senior reserved category employees cannot be denied promotion to unreserved posts based solely on excess representation, contradicting applicable rules and constitutional provisions.
Strict adherence to the 13 Point Model Roster and the fundamental right of consideration for promotion for candidates belonging to reserved categories.
The main legal point established in the judgment is that reservation in promotion and seniority is applicable based on the rules and classification of posts, and not all posts are covered under reser....
Unchallenged seniority list attains finality; candidate from feeder post without explicit exclusion eligible for promotion per common rules; belated challenge to DPC recommendation unsustainable post....
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