New Delhi: Rules of reservation like SC, ST,
OBC quota would not apply to upgradation of posts in
government establishments as the benefit could be extended
only to promotional posts, the Supreme Court has held.
A bench of justices RV Raveendran and Markandeya Katju
quashed the concurrent rulings of the Central Administrative
Tribunal (CAT), Chennai branch and the Madras High Court that
rules of reservation would apply even to upgradation of posts.
" As upgradation involves neither appointment nor
promotion, it will not attract reservation. Upgradation
involves mere conferment of financial benefits by providing a
higher scale of pay. If there is mere upgradation of posts,
as contrasted from promotion, reservation provisions would not
apply," Justice Raveendran writing the judgement observed.
The apex court passed the ruling while upholding the
appeal filed by the Bharat Sanchar Nigam Ltd, challenging the
directions of the tribunal to restore to Grade 1V the services
of certain employees all over the country. The said employees
were initially upgraded to Grade 1V from Grade III by applying
the reservation rules.
The Government withdrew the upgradation and restored them
to the original posts after the CAT, Ahmedabad branch and the
Allahabad High Court took the view that reservation rules
would not apply to upgradation.
But some of the aggrieved reserved category employees
working in Tamil Nadu region approached the CAT in Tamil Nadu
against the reversion which ruled in their favour. The Madras
High Court concurred with the tribunal`s view following which
BSNL appealed in the apex court.