The court established that promotion reservation can only apply in cases of additional vacancies created due to restructuring, emphasizing the necessity of adherence to established legal principles.

1. The challenge involved in both these writ petitions is against the common order dated 05/03/2008 in O.A.No.571 of 2005 passed by the Central Administrative Tribunal, Ernakulam whereby the promotion exercise effected by the Department giving the benefit of reservation in respect of the re - structured vacancies in the cadre of ECRC GR.I (Enquiry Cum Reservation Clerk) came to be intercepted, giving positive direction to have the Departmental Promotion Committee convened again, to set the track properly in tune with the law declared by the Apex Court to the effect that there cannot be any reservation for promotion pursuant to the re - structuring exercise, if it has not resulted in any additional vacancies (so as to be made applicable to the additional vacancies).

2. W.P.(C)No.10117 of 2008 has been filed by Respondents 12 and 13 in the above O.A. who came to be affected because of the order passed by the Tribunal whereas; the other petition has been preferred by the official respondents.

3. Heard the learned counsel for the petitioners in both the cases. There is nobody to represent the respondents concerned, including the applicants in respect of W.P.(C)No.17826/2008. The service was not completed in respect of the same respondents, pursuant to which an order was passed by this Court wayback on 19/10/2012 that, if the service was not completed in respect of respondents 4, 5, 7, 8, 9, 15, 16, 17, 18 and 21 therein within four weeks, the writ petition would stand dismissed as against those respondents. The fact remains that steps have not been taken or completed, with regard to the respondents 4, 5, 7, 8, 9, 15, 16, 17, 18 and 21.

4. Pleadings and proceedings are referred to, as given in W.P.(C) No.10117/2008, except where it is separately mentioned depending on the context. Admittedly, a cadrewise structuring exercise was conducted in the Southern Railways, pursuant to which Annexure - A2 proceeding was issued on 27/01/1993, stipulating the ways and means in this regard. Paragraph 10 of the said proceedings stipulates that the existing instructions with regard to the reservation of SC / ST will continue to apply while filling additional vacancies in the higher grades arising as a result of restructuring. Based on Annexure - A2 order / proceedings issued by the Railway Board, consequential order was passed by way of Annexure - A3 dated 11/06/1993 whereby, promotions were given to the persons named therein, against the existing vacancies resulted due to cadre restructuring. It was stated therein that, promotion of the employees at Sl.Nos.1 to 42 was ordered with effect from 01/03/1993; whereas in respect of others, at Sl.Nos.43 to 72, it was ordered with effect from the date of assuming higher responsibility in terms of Paragraph (iii) of the Board's letter dated 18/03/1993. The applicant before the Tribunal as well as the petitioners in WP.(C)No.10117/2008 were admittedly working as ECRC GR.II and the applicants were admittedly seniors to the petitioners in WP.(C)No.10117/2008 as per the seniority list finalised and published in this regard. However, the petitioners in W.P.(C)No.10117/2008, who are respondents 12 and 13 and such others concerned as mentioned in the O.A. came to be given accelerated promotion to the post of ECRC GR.I as per Annexure - A3. Subsequently, Annexure - A6 seniority list in the cadre of ECRC GR.I was published on 13/10/2003, when the applicants working as ECRC GR.II came to know that they were pushed down in the matter of seniority, giving placement to other respondents concerned, above the applicants. One of the aggrieved parties submitted Annexure - A7 representation