Reservation: RBE No.85/1986 – Scheduled Castes (SC) & Scheduled Tribes (ST)
No.85-E(SCT) 49/2, dated 28/30.04.1986
Sub: Reservation orders for Scheduled Castes and Scheduled Tribes – Application of – to vacancies or posts – Supreme Court interim order dated 21.12.1984 in W.P. No.17386-17393 of 1984 – C.M.P. Nos.41996-42003 of 1984 – Girdhari Lal Kohli & Others v. Union of India & others.
Ref: Board’s letter of even number dated 26.02.1985 (RBE No.58/1985).
While applying the interim order of the Supreme Court of India dated 21.12.1984 in the case of Girdhari Lal Kohli & Others v. Union of India & others, to promotions in the categories and grades covered under Board’s restructuring order dated 16.11.1984 it was also advised that arrear payments from 01.01.1984 to the date of promotion should not be paid where not paid so far.
The matter has been reviewed in the Department of Railways. It has now been decided that Railway Administrations can make provisional arrear payment to the eligible concerned staff thereby giving them the benefit of restructuring due from 01.01.1984.
The Department of Railways, however, desire that in all cases of arrear payments coming under the purview of the restructuring order dated 16.11.1984, the general orders issued by the Railway Administration as well as orders issued in each individual case of the employee should contain a specific clause as under:-
“This will be provisional and subject to the judgment of the Supreme Court or the High Court, as the case may be, in respect of the writ petitions and appeals pending in the Supreme Court and the High Courts”.
While the aforesaid relaxation will apply to all cases which were earlier governed by the order of 26.02.1985 (RBE No.58/1985) the Railways should, however, take the care to ensure, in consultation with the Law Officer, that if there are individual writ petitions and appeals pending in any court of law to which the individual Zonal Railway is a party, stay orders issued in these cases are scrupulously observed in respect of individual categories, or generally, as the case may be, notwithstanding the issue of instructions contained in this letter, so as to avoid any contempt of Court.
Download Railway Board Circular RBE No.85/1986
Forward reference ⇒ RBE No.