RBE No. 58/1985: Reservation – Interim Orders of Supreme Court – Shri Girdharilal Kohli and others vs. Union of India and others
No.85-E(SCT)/49/2, dated 26.02.1985
Sub: Reservation orders for Scheduled Castes and Scheduled Tribes – Application of – To vacancies or posts – Supreme Court interim order dated 21.12.1984 and WP Nos.17386-17393 of 1984 – CMP Nos.41996-42003 of 1984 – Girdhari Lal Kohli and others Vs. Union of India and others.
Ref: Your letter No.1144 to 1151 – SC/WP/84 Legal Cell (P), dated 09.10.1985.
The matter has been examined in this office in consultation with Legal Advisor. The interim order of the Supreme Court of India dated 21.12.1984 in the case of Girdhari Lal Kohli and others Vs. Union of India and others, would apply only to promotions to implement restructuring in the categories and grades covered in Board’s letter No.PC-III-84/UPG/9, dated 16.11.1984. In all other promotions, the extant rules and orders in regard to reservation for Scheduled Castes and Scheduled Tribes will continue to apply.
While implementing the interim order of the Supreme Court, the total number of posts prior to restructuring in every grade in each category should be worked out. The number of reserved community candidates actually available as on 01.01.1984 and the number required to achieve percentage of 15% and 7-1/2% for SCs and STs respectively based on the total number of posts after restructuring should also be computed for each grade in each category. If the actual number of SCs and STs before restructuring is less than the required number of SCs and STs after restructuring, the number of upgraded post equal to shortfall should be treated as reserved for SCs and STs, subject to the total reservation being not more than 50% of the posts to be filled up by promotion due to up-gradation. The question to carry forward or exchange of posts between SCs and STs communities should not arise since the orders of the Supreme Court are being implemented only, in relation to the restructuring scheme covered by Board’s letter No.PC-III/84/UPG, dated 16.11.1984. Those cases where promotions relating to the relevant restructuring have already been implemented as per extant rules, the principle enunciated in the interim order should be taken into account while filling up future vacancies. In other words, any additional posts treated as reserved in favour of SCs and STs should be adjusted against subsequent reserved roster points.
SC and ST employees who are in turn for promotion in this up-gradation scheme by virtue of their general seniority should be promoted irrespective of the fact weather in the prescribed quota of 15% and 7-1/2% for SCs and STs respectively in the categories has already been achieved or not.
All promotions should be deemed as provisional and subject to the final disposal of the Writ Petition by the Supreme Court.
Arrear Payments from 01.01.1984 to the date of promotion should not be paid where not paid so far. However, proforma fixation of pay may be allowed provisionally from 01.01.1984 subject to the final disposal of the case.
Download Railway Board Circular RBE No. 58/1985
Forward reference⇒RBE No.