# UNION OF INDIA v. PUSHPA RANI

- **Citation:** [2008] 11 S.C.R. 440
- **Court:** Supreme Court of India
- **Decided:** 2008-07-29
- **Case number:** Civil Appeal Nos. 6934:.6946 of 2005
- **Bench:** B.N. Agrawal, G.S. Singhvi
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/union-of-india-v-pushpa-rani-23612
- **Pages:** 59

## Headnote

r
Service Law - Reservation - For Scheduled Castes!
Scheduled Tribes - Availability of- At the stage of cadre re-
.
.
.
c structuring in the Railway service - Held: Polic~ pf reservation is applicable at the stage of restructuring o( caqr~s in the
Railway service - Since the additional posts becoming available as a result of restructuring of different cadres are required
to be filled by promotion, policy of reseryation cannot be ousted
D - Such provision provided in the Letter .issu£;Jd by Railway
Board is not violative of Articles 14 and 16 of the Constitution
- Power of judicial review cannot be exercised fQr determining the methodology for recruitment or for laying down chteria
of selection - Constitution of India, 1950 - Articles 14, 16 and
E
16 (4) - Railway Establishment Code . ..:.. Paragraphs 103 (7),
119, 120, 123 and 124 - Railway Establishment lV1anual -
Para 103 (i), (ii) and (iii) - Circular RBE No .. 113197 dated
21.8:1997.
"
~
Practice and Procedure -New plea - Raising of - BeF fore Supreme Court - Held: Not permissible.
Words and Phrases:
~
(i) 'cadre'
Meaning of
(ii) 'promotion' - Meaning of
G
The question for determination was whether the
policy of reservation of posts. for Schec;tuled Castes/
--r- '
Scheduled Tribes could be applied at the stage of giving
effect to cadre restructuring exercise undertaken pursuH
440
UNION OF INDIA v. PUSHPA RANI
441
..
& OTHERS
. _..
ant to letter No. PC-111/2003/CRC/6 dated 9.10.2003 issued A
by Railway Board.
Allowing the appeals, the Court
HELD: 1.1 The policy of reservation can be applied at
the stage of restructuring of Group C and D cadres in the B
I
-;
railways and para 14 of letter dated 9.10.2003 is not viola·-
tive of doctrine of equality enshrined in Articles 14 and 16
of the Constitution of India. Once it is recognized that the
additional posts becoming available as a result of restructuring of different cadres are required to be filled by pro- c
motion from amongst the employees who satisfy the conditions of eligibility and are adjudged suitable, there can
be no rational justification to exclude the applicability of
the policy of reservation while effecting promotions, more
so because it has not been shown that the procedure for D
making appointment by promotion against such additional
posts is different than the one prescribed for normal promotion. [Paras 20 and 25] [475-C, 479-C,D,E]
Ram Prasad and Ors. vs. D.K. Vijay and Ors. 1999 (7)
sec 251 - followed.
E
State of Rajasthan vs. Fateh Chand Soni 1996 (1) SCC
562 - relied on.
Union of India vs. VK. Sirothia 1999 SCC (L & S) 938;
All India Non-SC/ST Employees' Association (Railway) vs.
F
VK. Agarwal and Ors. 2001 (10) SCC 165 - distinguished.
~
General Manager, Southern Railway vs. Rangachari AIR
1962 SC 36; State of Punjab vs. Hira Lal and Ors. 1970 (3)
SCC 567; K. Manickaraj vs. Union of India 1997 (4) SCC 342referred to.
G
1.2 A conjoint reading of paragraph 103(7) of Railway Establishment Code, Para 103{iii) of the Railway Establishment Manual and Circular R.B.E. No.113/97 makes
it clear that in the railways, the term 'cadre' generally deH
442
SUPREME COURT REPORTS
[2008] 11 S.C.R.
""
'i
""'fA . notes the strength of a service or a part of a service sanetioned as a separate unit. However, for the purpose of
roster, a wider meaning has been given to the said term
so as to take within its fold the posts sanctioned in diffe~-
ent grades. The reason for giving this enlarged meanin_g
B to 'the term "cadre" is that posts in the railway establishment are sanctioned with reference~to grades. Even ternr-
porary, work charged, supernumerary and shadow posts
created in different grades can constitute part of the
cadre. [Para 14] [473-D,E,F]
c
1.3 In legal parlance, upgradation of a post-involves
the transfer of a post from the lower to the higher grade
and placement of the incumbent of that post in the higher
grade. Ordinarily, such placement does not involve selec::.
tion but in some of the service rules and/or polic

## Text

_Characters 0–39,785 of 109,067. This is a partial read: ask again with offset=39785 for what follows._

[2008] 11 S.C.R. 440
.....,_
A
UNION OF INDIA
II.
PUSHPA RANI & OTHERS
(Civil Appeal Nos. 6934:.6946 of 2005 etc.)
8
JULY 29, 2008
[B.N. AGRAWAL AND G.S. SINGHVI, JJ.]
r
Service Law - Reservation - For Scheduled Castes!
Scheduled Tribes - Availability of- At the stage of cadre re-
.
.
.
c structuring in the Railway service - Held: Polic~ pf reservation is applicable at the stage of restructuring o( caqr~s in the
Railway service - Since the additional posts becoming available as a result of restructuring of different cadres are required
to be filled by promotion, policy of reseryation cannot be ousted
D - Such provision provided in the Letter .issu£;Jd by Railway
Board is not violative of Articles 14 and 16 of the Constitution
- Power of judicial review cannot be exercised fQr determining the methodology for recruitment or for laying down chteria
of selection - Constitution of India, 1950 - Articles 14, 16 and
E
16 (4) - Railway Establishment Code . ..:.. Paragraphs 103 (7),
119, 120, 123 and 124 - Railway Establishment lV1anual -
Para 103 (i), (ii) and (iii) - Circular RBE No .. 113197 dated
21.8:1997.
"
~
Practice and Procedure -New plea - Raising of - BeF fore Supreme Court - Held: Not permissible.
Words and Phrases:
~
(i) 'cadre'
Meaning of
(ii) 'promotion' - Meaning of
G
The question for determination was whether the
policy of reservation of posts. for Schec;tuled Castes/
--r- '
Scheduled Tribes could be applied at the stage of giving
effect to cadre restructuring exercise undertaken pursuH
440
UNION OF INDIA v. PUSHPA RANI
441
..
& OTHERS
. _..
ant to letter No. PC-111/2003/CRC/6 dated 9.10.2003 issued A
by Railway Board.
Allowing the appeals, the Court
HELD: 1.1 The policy of reservation can be applied at
the stage of restructuring of Group C and D cadres in the B
I
-;
railways and para 14 of letter dated 9.10.2003 is not viola·-
tive of doctrine of equality enshrined in Articles 14 and 16
of the Constitution of India. Once it is recognized that the
additional posts becoming available as a result of restructuring of different cadres are required to be filled by pro- c
motion from amongst the employees who satisfy the conditions of eligibility and are adjudged suitable, there can
be no rational justification to exclude the applicability of
the policy of reservation while effecting promotions, more
so because it has not been shown that the procedure for D
making appointment by promotion against such additional
posts is different than the one prescribed for normal promotion. [Paras 20 and 25] [475-C, 479-C,D,E]
Ram Prasad and Ors. vs. D.K. Vijay and Ors. 1999 (7)
sec 251 - followed.
E
State of Rajasthan vs. Fateh Chand Soni 1996 (1) SCC
562 - relied on.
Union of India vs. VK. Sirothia 1999 SCC (L & S) 938;
All India Non-SC/ST Employees' Association (Railway) vs.
F
VK. Agarwal and Ors. 2001 (10) SCC 165 - distinguished.
~
General Manager, Southern Railway vs. Rangachari AIR
1962 SC 36; State of Punjab vs. Hira Lal and Ors. 1970 (3)
SCC 567; K. Manickaraj vs. Union of India 1997 (4) SCC 342referred to.
G
1.2 A conjoint reading of paragraph 103(7) of Railway Establishment Code, Para 103{iii) of the Railway Establishment Manual and Circular R.B.E. No.113/97 makes
it clear that in the railways, the term 'cadre' generally deH
442
SUPREME COURT REPORTS
[2008] 11 S.C.R.
""
'i
""'fA . notes the strength of a service or a part of a service sanetioned as a separate unit. However, for the purpose of
roster, a wider meaning has been given to the said term
so as to take within its fold the posts sanctioned in diffe~-
ent grades. The reason for giving this enlarged meanin_g
B to 'the term "cadre" is that posts in the railway establishment are sanctioned with reference~to grades. Even ternr-
porary, work charged, supernumerary and shadow posts
created in different grades can constitute part of the
cadre. [Para 14] [473-D,E,F]
c
1.3 In legal parlance, upgradation of a post-involves
the transfer of a post from the lower to the higher grade
and placement of the incumbent of that post in the higher
grade. Ordinarily, such placement does not involve selec::.
tion but in some of the service rules and/or policy framed
D by the employer for upgradation of posts, provision has
been made for denial of higher grade to an employee whose
,,...
service record may contairr-advers-e entries or who may
have suffered punishment. [Para 23] [477-G, 478-A]
E
D.P. Upadhyay vs. GM., N.R. Baroda House and Ors.
2002 (10) sec 258 - referred to ..
1.4 The word 'promotion' means "advancement or
r
preferment in honour, dignity, rank, or grade". 'Promotion'
thus not only covers advancement to higher position or
F rank but also implies advancement to a higher grade. In
service law the expression 'promotion' has been. under-
>--- '
stood in the wider sense and it has been held that "promotion can be either to a higher pay scale or to a higher
post". [Para 24] [478-A,B,C]
G
State of Rajasthan vs. Fateh Chand Soni 1996 (1) SCC
., 562- referred to
1.5 lf'is not correct to say that the policy' of reserva-
-,
tion cannot be applied at the stage of making promotions
H because the Railway Administration did not produce any
· UNION OF INDIA v. PUSHPA RANI
443
& OTHERS
evidence to show that Scheduled Castes and Scheduled
A
Tribes were not adequately represented in different cadres and that the efficiency of administration will not be jeopardized by reserving posts for Scheduled Castes and
Scheduled Tribes. In the applications filed by them, the re-
-(
spondents did not plead that the application of the policy B
of reservation would lead to excessive representation of
the members of Scheduled Castes and Scheduled Tribes,
or that the existing policy of reservation framed by the
Government of India was not preceded by an exercise in
relation to the issue of adequacy of their representation. c
Therefore, Union of India and the Railway Administration
did not get opportunity to show that the employees belonging to Scheduled Castes and Scheduled Tribes did
not have adequate representation in different cadres; that
the outer limit of reservation i.e. 50% will not be violated by
D
...(
applying the policy of reservation and that the efficiency
of administration will not be jeopardized by applying the
policy of reservation. Therefore, it is neither possible nor
desirable to entertain a totally new plea raised on behalf of
the respondents, more so, because adjudication of such
E
plea calls for a detailed investigation into the issues of facts.
[Para 53] [496-E,F,G,H, 497-A,B,C]
2 .. The matters relating to creation and abolition of
posts, formation and structuring/restructuring of cadres,
prescribing the source/mode of recruitment and qualifiF
cations, criteria of selection, evaluation of service records
of the employees fall within the exclusive domain of the
employer. What steps should be taken for improving efficiency of the administration is also the preserve of the
employer. The power of judicial review can be exercised G
in such matters only if it is shown that the action of the
,
-~
employer is contrary to any constitutional.or statutory provision or is patently arbitrary or is vitiated due to ma/a
tides. The Court has no role in determining the methodology of recruitment or laying down the criteria of selecH
444
SUPREME COURT REPORTS
[2008] 11 S.C.R.
'f
A tion. It is also not open to the Court to make comparative
evaluation of the merit of the candidates. The Court cannot
suggest the manner in which the employer should structure or restructure the cadres for the purpose of improving
efficiency of administration. [Para 29] [480-8,C,D, E]
II
B
·Case Law Reference
)-
~
i
2001 (1 O) sec 165
Distinguished Para 3
}
)-
'
1968 (3) SCR 575
Referred to
Para 11
(
c
1915 (1) sec 319
Referred to
Para 16
1988 (2) sec 214
Referred to
Para 17
1996 (9) sec 266
Referred to
Para 18
2002 (10) sec 258
Referred to
Para 23
o·
1996 (1) sec 562
Relied on
Para 24
1973 (3) sec 862
Referred to
Para 25
).-
1995 (4) sec 462
Referred to
Para 25
~
1996 (2) sec 115
Referred to
Para 26
E
1999 (7) sec 209
Referred to
Para 26
...
1999 (7) sec 251
Followed
Para 26
AIR 1962 SC 36
Referred to
Para 33
F
1910 (3) sec 567
Referred to
Para 34
1981 (1) sec 246
Referred to
Para 35
1992 Supp. (3) sec 211
Referred to
Para 36
G
2006 (8) sec 212 ·
Referred to
Para 38
1999 sec (L & S) 938
Distinguished Para 40
1973 Labour Industrial
-{"'-·
Cases 1399
Referred to
Para 43
H
1997 (4) sec 342
Referred to
Para 50
UNION OF INDIA v. PUSHPA RANI
445
~ ..
& OTHERS [G.S. SINGHVI, J.]
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
A
6934-6946 of 2005
From the final Judgment and Order dated 3.3.2005 of the
High Court of Punjab and Haryana at Chandigarh in CWP Nos.
3182,3330,3265,3267,3274, 3271, 3270,3266,3273, 3268,
B
3269 & 3183 of 2005
WITH
C.A. Nos. 6932 & 6919 of 2005, 612 of 2006 & 4712 of
2008
c
A. Sharan, ASG., Dr. R.G. Padia, Dr. K.S. Chauhan, Gyan
Mitra, Chand Kiran, Ramesh Kumar, Amit Anand Tiwari,
Awadhesh Kumar Singh, Kiran Bharadwaj, Lalit Srivastava, B.
Sunita Rao, K.B. Sunita, A.K. Srivastava, Anil Katiyar and B.
Krishna Prasad for the Appellants.
D
-~
Dr. Raj iv Dhwan, Sushil Kumar Jain, Puneet Jain, Ashwani,
Archana Tiwari, Pratibha Jain, T.G. Narayanan Nair, Kiran Suri,
S.J. Amith and Ms. Aparna Bhat for the Respondents.
The Judgment of the Court was delivered by
E
G.S. SINGHVI, J. 1. Whether the policy of reservation of
posts for Scheduled Castes/ Scheduled Tribes can be applied
at the stage of giving effect to cadre restructuring exercise undertaken pursuant to letter No.PC-11112003/qRC/6 dated
9.10.2003 issued by the Railway Board is the question which F
--".
arises for determination in the above noted appeals filed against
the orders of Punjab & Haryana High Court which upheld the
decision of Chandigarh Bench of the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') to quash para
14 of the said letter and the direction given for making appointments de hors the policy of reservation. The special leave petiG
tion filed by the Union of India against the order of Allahabad
High Court is being disposed of along with appeals because
the issue arising therein is similar.
1
2. For the sake of convenience, we have taken the facts
H
'
446
SUPREME COURT REPORTS
[2008] 11 S.C.R.
;1A
from the record of Civil Appeal Nos.6934-6946 of 2005. The
same are:-
(i)
Respondents Pushpa Rani and six others joined
service as.Clerks in Ambala and Ferozepur Divisions
B
of the Northern Railway. They were promoted as
Senior Clerks and then as Head Clerks. They filed
)'-
applications under Section 19 of the Administrative
Tribunals Act, 1985 for quashing the instructions
issued by the Railway Board vide letter No.PC-Ill/
2003/CRC/6 dated 9.10.2003 for giving effect to the
c
policy of reservation of posts for Scheduled Castes
and Scheduled Tribes at the stage of restructuring of
Grol!p C and D cadres. They pleaded that the
exercise of restructuring under~aken by the
government resulted in upgradation of the existing
D
posts and in view of the law laid down by the Supreme
. Court, the policy. of reservation cannot be applied
~
while 'making appointment against the upgraded
posts.
E
(ii)
In the counter filed on behalf of the administration, it
was pleaded that instructions issued by the Railway
Board are in conformity with the policy decision Jaken
by the Government of India and the applicants cannot
object to th~ reservation of posts for Scheduled
Castes and Scheduled Tribes because restructuring
F
of cadres resulted in creation of additional posts
>----
which were required to be filled by promotion ..
(i!i) The Chandigarh Bench of the Tribunal allowed the
application filed by Pushpa Rani and others along
G
with 12 similar applicaUons filed by other employees
of Ambala and Ferozepur Divisions of Northern
Railway, Rail Coach Factory, Kapurthala and Diesely<-
Loco Modernization Works, Patiala and quashed
para 14 of letter dated October 9, 2003. The Tribunal
H
declared that the policy of reservation of posts for
t
,;
UNION OF INDIA v. PUSHPA RANI
447
& OTHERS [G.S. SINGHVI, J.]
Scheduled Castes and Scheduled Tribes is not A
applicable to the restructuring scheme including
exchange formula and directed the petitioners herein
to consider the cases of the applicants (respondents
herein) and other eligible persons for placing them
in appropriate pay scales under the restructuring
B
scheme keeping in view their eligibility and suitability
and give them consequential benefits.
(iv)
The Union of India through Divisional Personnel
Officer, Northern Railway, Ambala, challenged the
order of the Tribunal in Civil Writ Petition No.3182C
CAT of 2003, which was dismissed by Division
Bench of the High Court of Punjab and Haryana along
with a batch of similar petitions. The High Court
referred to the order passed by this Court in Contempt
Petition (Civil) No.304 of 1999 in Civil Appeal D
No.1481 of 1996 and held that in view of the law laid
down by the Supreme Court, the direction given by ·
the Tribunal to fill up the upgraded posts without
applying the principles of reservation cannot be
termed as erroneous.
E
3. Shri Amarendra Sharan, learned Additional Solicitor
General, referred to Annexures 'A' to 'K' appended to letter dated
9.10.2003 to show that as a result of restructuring of Group C
and D cadres, additional posts became available in the higher
grades and argued that the Railway Board did not commit illeF
gality by issuing direction for implementation of the policy of
reservation qua those posts and argued that the policy of reservation was rightly made applicable in relation to the additional
posts. In support of this argument he strongly relied on the case
of K. Manickaraj vs. Union of India [1997 (4) SCC 342]. Shri G
Sharan emphasized that restructuring of cadres undertaken for
enhancing organizational efficiency and functional, operational
and administrative requirements cannot be treated as a simple
exercise for upgradation of existing posts and the Tribunal did
not have the jurisdiction to nullify the instructions issued by the
H
448
SUPREME COURT REPORTS
[2008) 11 S.C.R.
A
Railway Board or issue directions for making appointment by
ignoring the po·licy of reservation. He distinguished the orders
passed in Union .of India VS. VK. Sirothia [1999 sec (L&S)
938] and All India Non-SC/ST Employees' Association (Railway) vs. VK. Agarwal and Others [2001 (10) SCC 165] by point8
ing out that those were the cases of mass upgradation of posts
and not restructuri.ng of cadres resulting in creation of additional
posts in different g_rades.
4. Shri K.S. Chauhan, counsel for All India SC/ST Railways Association submitted that the directions given by the TriC ·bunal are liable to be set aside because its interpretation of the
policy of restructuring is also contrary to the law laid down by
the Constitution Bench.in R.K. Sabharwal and Others vs. State
of Punjab and Others [1995 (2) SCC 745]. He pointed ~ut that
the respondents had not challenged the ·instructions issued by
D the Railway Board Jar filling up the additional posts which were
to become available as a result of restructuring of Group C and
D cadres· by selection and promotion and argued that· in the
absence of such challenge, the Tribunal could not have quashed
para 14 of letter dated 9.10.2003 and ordaine:d that appointE ments be made by ignoring the policy of reservation .
. 5. Dr. Rajiv Dhawan, Senior Advocate, appearing for
some of the respondents, argued that restructuring of Group C:
and D cadres is nothing but an exercise for upgradation of the
existing posts and the Tribunal did not commit any illegality by
F
striking down para 14 of letter dated 9.10.2003 vide which the
policy of reservation was made applicable to the upgraded
posts. He further argued that if the policy of reservation is applied at the stage of restructuring of Group C and D cadres
then the same would amount to giving double benefit to the memG bers of Scheduled Castes and Scheduled Tribes, who had already been given out-of turn promotions. Dr. Dhawan relied on
the larger Bench judgment of this Court in Indra Sawhney and
Others vs. Union of India and Others [1992 Supp. (3) SCC
217] and of the Constitution Bench in M. Nagaraj and Others
H
vs. Union of India and Others [2006 (8) sec 212] and argued
>--
.F
UNION OF INDIA v. PUSHPA RANI
449
& OTHERS [G.S. SINGHVI, J.]
that even if the upgraded posts are required to be filled by proA
motion after following the process of selection, the policy of reservation of posts for Scheduled Castes and Scheduled Tribes
cannot be applied qua such posts because no quantifiable data
showing backwardness of Scheduled Castes and Scheduled
Tribes and inadequacy of their representation was produced
B
before the Tribunal. Dr. Dhawan made specific reference to
paragraphs 85, 86, 106, 117, 119 and 121 of the judgment in
M. Nagaraj's case and argued that the enabling provision contained in Article 16(4-A) cannot be relied upon by the appellants to justify implementation of the policy of reservation at the c
stage of restructuring of Group C and D cadres because the
members of Scheduled Castes and Scheduled Tribes are adequately represented in those cadres and efficiency of the administration will be adversely affected by giving double benefit
to them. He then argued that even if para 14 of letter dated D
9.10.2003 is held to be constitutionally valid, the policy of reservation should be made applicable only qua posts which become available after 9.10.2003. Another argument of the learned
senior counsel is that if restructuring exercise is intended to
remove stagnation and improve the quality of services then
implementation thereof cannot be made subject to the policy of E
reservation. Shri Sushi! Jain and Smt. Kiran Suri, Advocates,
adopted the arguments.of Dr. Dhawan and submitted that view
expressed by different benches of the Tribunal that the policy of
reservation cannot be applied at the stage of making appointment against the upgraded posts should not be disturbed beF ·
cause the same has been substantively approved by this Court
in VK. Sirothia's case and VK. Agarwal's case. In the written
submissions filed by him, Shri Sushi! Jain has highlighted the
difference between the scheme of restructuring resulting in
upgradation of the posts and the policy of promotion and conG
tended that the Tribunal rightly annulled para 14 of letter dated
9.10.2003 on the ground that policy of reservation cannot be
~
applied against the upgraded posts. Another point made by
Shri Jain is that the definition of 'cadre' contained in para 4(b)
of Circular dated 21.8.1997 is ultra vi res para 103 of the Code
H
450
SUPREME COURT REPORTS
[2008] 11 S.C.R.
A
because the effect of statutory rules framed by. the Board can-
'1
not be nullified by an administrative decision.
6. Learned counsel appearing for the respondent in SLP
(C) No.5045 of 2007 supported the order passed by Allahabad
Bench of the Tribunal and argued that the direction given for
B
considering the case of his client for promotion as Personal
Inspector Grade 'A' should not be upset because the cadre '
comprises of only two posts out of which one was required to
be filled from the general category candidates.
c
7. We have considered the respective arguments/submissions and examined the records, The Railway Establishment
Code (hereinafter referred to as"the Code") was first published
in September 1940. It was revised from time to time. The 1985
edition of the Code was issued under the authority of the PresiD dent of India under proviso to Article 309 o_f the Constitution of
India. Paragraphs 103(7), 119, 120, 123 and 124 of the Code
which have bearing on the decision of these cases are as under:-
103(7) 'Cadre' means the strength of a service or a part
E ·
of a service sanctioned as a separate unit.
...
F
G
H
119. In the Railway Board and attached offices ~ The
number and character of Group C & D posts in the office
of the Railway Board and other offices, projects,
organizations immediately under its control shall be such
as may be determined by the Railway Board. The Director
General, Research, Designs and Standards Organisation
or any other authority to whom the powers may be
specifically delegated by the Railway Board may create
temporary posts on the conditions prescribed in their
respective schedules of power.
120. On Railways, Production Units or other Establishment
- The number and character of Group C & D posts may
be determined by the General Managers or the authority
in whom such powers are delegated, provided that the
--...\
UNION OF INDIA v. PUSHPA RANI
451
& OTHERS [GS. SINGHVI, J.]
prior sanction of the Railway Ministry is necessary for the A
introduction of a new category not already obtaining on a
Railway.
123. The Railway Board have full powers to make rules of
general application to Group C & Group D railway servants
under their control.
B
124. The General Managers of Indian Railways have full
powers to make rules with regard to Railway servants in
Group C & D under their control provided they are not
inconsistent with any made by the President or the Ministry c
· of Railways."
Para 103(i), (ii) and (iii) of the Railway Establishment
Manual (Volume I), which too is relevant for these cases
reads as under:-
0
103. Definitions - For the purpose of these rules, unless
there be anything repugnant in the subject or context -
(i)
A "Group" means a series of classes which form a
normal channel of promotion.
(ii)
A "Class" comprises all appointments in the same
E
branch or department bearing the same designation.
(iii) "Grades" are sub-divisions of a class, each bearing
a different scale of pay. An intermediate grade is any
grade in a class, higher than the lowest."
F
8. Till 1997, the rosters framed for giving effect to the policy
of reservation were vacancy based. In R.K. Sabharwal's case,
this Court held that the rosters must be operated with reference
to the posts and not the vacancies. Thereafter, the Government
of India, Ministry of Railways (Railway Board) issued revised
G
instructions vide Circular R. B. E. No.113/97 and prescribed post
based roster. These instructions were circulated vide letter
No.95-E(SCT)1/49/5(1) dated 21.8.1997, the relevant portions
of which are extracted below: -
H
452
SUPREME COURT REPORTS
[2008] 11 S.C.R.
A
Circular No.113197
--1-
"Under the existing instructions, vacancy based rosters
have been prescribed in order to implement the
Government's Policy relating to the reservation of jobs for
B
the Scheduled Castes, Scheduled Tribes and other
Backward Classes (OBCs). The application of reservation
on the basis of these rosters was called in the question
before the courts. The Constitution Bench of the Supreme
Court in the case of R.K. Sabharwal vs. State of Punjab as
well as Union of India vs. J.C. Malik has held that the
c
reservation of jobs for Backward Classes SC/ST/OBCs
""
should apply to the posts and not to the vacancies. The
Court further held that the vacancy based rosters can·
.operate only till such time as the representation of the
persons belonging to the reserved categories, in a cadre,
D
reaches the prescribed percentage of reservation.
Thereafter, the rosters cannot operate and vacancies
released by retirement, resignation, promotion etc. of the
persons belonging to the general and the reserved
categories are to be filled by the appointment of the person
E
from the respective category so that the prescribed
percentage of reservation is· maintained.
The courts also held that persons belonging to reserved
categories, who are appointed on the basis of merit and
not on account of reservation are not be counted towards
F
the quota meant for reservation.
With a view to bring the policy of reservation. in line with
).__the law laid down by the Supreme Court, it has been
decided that the existing 200 point and 100 point vacancy
G
based rosters of direct recruitment shall be replaced by
post based rosters. All the Zonal Railways, Production
Units and Associated Officers of the Railway Board should
therefore, prepare the rosters for Group C posts (where
ythe minimum of scale of pay is Rs.1400 (RPS) and above)
H
based on principles elaborated in the Explanatory notes
~
-{
-'i
-~
--~
UNION OF INDIA v. PUSHPA RANI
453
& OTHERS [G.S. SINGHVI, J.]
given in Annexure I and illustrated in the Model Roster as
A
given inAnnexure II andAnnexure Ill. Similarly the concerned
authorities may prepare rosters to replace the existing
100 point rosters in respect to local recruitment to Gr. C
and Gr. D posts where the minimum of scale of pay is less
than 1400 (RPS) and normally attracting candidates from B
a locality/region on the basis of the same principles.
The principles for preparing the rosters elaborated upon
in Explanatory notes are briefly recapitulated below:-
(a)
The number of points in the roster shall be equal to c
the number of posts in the cadre. In the case there is
any increase or decrease in the cadre strength in
future, the rosters shall be expanded or contracted
correspondingly.
(b)
<;adre, for the purpose of roster, shall mean a
D·
particular grade and shall comprise the number of
posts to be filled by a particular mode of recruitment
in terms of the codallmanual provisions of Railway
Board's instructions issued from time to time. Thus,
in a cadre of say 200 posts where the recruitment
E
rules prescribed a ratio of 50:50 for direct recruitment
and promotion, 2 rosters one for direct recruitment
and another for promotion (where reservation in
promotion applies) each comprising 100 points shall
be drawn ·up on the lines of the respective model
F
rosters. The cadre also means the sanctioned
temporary posts, work charged posts, supernumerary
posts, shadow posts in the grade."
[Emphasis added]
G
9. The relevant paragraphs of Railway Board's Circular
No.181/85 which was issued vide letter NO.PClll/84/UPG/19 dated
· 25.6.1985 and was considered in various cases read as under:-
Letter dated 25. 6. 1985
H
454
SUPREME COURT REPORTS
[2008] 11 S.C.R.
A
"1. Restructuring of certain Group 'C' & 'D' cadres have
...,_
been under consideration in consultation with the Staff
Side in the Committee of the Departmental Council of the
JCM (Railways) for sometime. The Ministry of Railways
have decided with. the approval of the President to
-·
.
'
.
B
restructure certain categories of Group 'C' & 'D' as detailed
in the Arinexure enclosed.
'r
2. While implementing these orders specific instructions
given in the footnot~ under the" different categories should
be strictly and carefully adhered to.
c
3. For the purpose of restructuring the cadre strength as
on 1.1.1984 will be taken. into account and will include
Rest Giver and Leave Reser\te posts.
5.1 The existing classification of the posts covered by
D
these restructuring orders, as "Selection" and "NonSelection", as the case may be, remains unchanged.
Howeve.r, for the purpose of implementation of these
r
orders, if ari individuai.Railway servant becomes due for
promotion to only one grade above the grade of the post
E
held by him, at present, on a regular basis, and such higher
grade post is classified as a "Selection" post, the existing
selection procedure will stand modified in such a case to
the extent that the selection will be basect only on scrutiny
of service records without holding any written and/or vivaF
voce test. Under this procedure, the categorization
'Outstanding' will not exist.
6.1 The existing rules and orders in regard to reservation
)--..-
for SC/ST will continue to apply while filling up additional
vacancies in the higher grades arising as a result of
G
restructuring.
9. In all the categories covered by this letter even though
more posts, in higher scales of pay have been introduced as a
'fresult of restructuring, the basic functions, duties and responsiH
bilities, attached to these posts at present will continue, to which
~
~
-")-
UNION OF INDIA v. PUSHPA RANI
& OTHERS [G.S. SINGHVI, J.]
455
may be added such other duties and responsibilities as con- A
sidered appropriate.
10. The Board desire that restructuring and posting of staff
after due process of selection as provided for in these orders,
should be completed expeditiously."
The percentage of upgraded posts is indicated in Annexure I appended to letter dated-25.6.1985, which reads as under:-
I
ANNEXURE-1
Subject: Statement indicating restructuring of certain
Group 'C' and 'D' cadres on Railways.
No.PClll/84/UPG/19, dated 25.6. 1985
Loco Running Staff
All PassengE:r Train Drivers 'A'
1.
Passenger Driver having a run of 250 kms. And
'A' (Rs.550-700)
above to be upgraded from
Driver 'A' (Rs.550-700) to
Driver 'A' Spl. (Rs.550-750)
All Leave Reserve for 'A' Spl.
and 'A' Drivers to be kept in
Grade only.
Revised
2.
(i) Goods Driver Goods Driver
Percentage
Gr.'B' (Rs.425Gr. 'B' Rs. 42560
640 - 40%)
640
(ii) Goods Driver Goods Driver Gr.
40
Gr.'C' (Rs.330-
'C' Rs. 330-560
560-60%) (10% of Selection Grade
the Gr. 'C' posts Rs. 425-600 to be
operated
as discontinued
Selection Grade
posts in Rs.425600)
B
c
D
E
F
G
H
456
SUPREME COURT REPORTS ·
(2008] 11 S.C.R.
A
3.
Shunters (Rs. 29030% of Shunters to be .up400)
graded as .Shunting Drivers
Rs.330-560
4.
Fireman 'A'/Disel 30% of posts to be given spe8
Asstt./ Asstt. Elec. cial pay @ Rs. 15 p.m.
'y
Leco Driver (Rs.
290-350)
5.
Fireman '8' (Rs. Leave reserve posts for Fireman
260-350)
'A' hitherto kept in Fireman 'B' to
c
be upgraded to Fireman 'A'
6.
Fireman 'C' (Rs. 30% of Fireman 'C' to be up210-270)
graded to scale Rs. 260-350 (L)
(L) Note: 30% of Fireman 'C' scale Rs.210-270
D
who are upgraded to scale Rs.260-350 will remain
designated as Fireman 'C' and utilized as far as
possible on Mail, Express arid Passenger Trains.
The further avenue of promotion of Fireman 'C' in
scale Rs.210-270 and Rs.260-350 will remain
E
unaltered.
7.
Motormen on EMU 50% on Western Railway and
Trains (Rs. 55040% on Central, Northern,
700)
Estern, Southern and S.E. Railways to be upgraded as Driver
F
'A' Spl. in scale Rs. 550-750.
}'---
II.
Traffic Running Staff
(i)
All Passenger Train
. Guards having a run of
250 kms. and above to be
G
upgraded to Guard 'A'
Spl. Rs. 425-640
(ii)
Leave Reserve for 'No Spl.
-rand 'A' Guard to be kept
in 'A' Grade only.
H
UNION OF INDIA v. PUSHPA RANI
457
.'if'
& OTHERS [G.S. SINGHVI, J.]
Revised
A
--.,
2.
(i) Goods Guard Goods Guard Gr. Percentage
f
Gr. 'B' (Rs.330-
'B' Rs. 330-560
60
560-40%)
~'
(ii) Goods Guard Goods Guard Gr.
40
B
Gr. 'G' (Rs.330-
'C' Rs. 330-530
60%)
\
m.
Account Staff
==?
Clerks Grade I to be aggregated with Selection Grade
-t
Clerks Grade I, Sub-heads and Selection Grade Subc
Heads and placed in the following Percentages:-
Clerk Grade I
55%
I
(Rs. 330-560)
I
'
Sub-Heads
45%
D
""""
(Rs. 425-700)
Note:
1. Posts of Selection Grade Clerks Grade I Rs. 425-700
to be discontinued.
E
2. Selection Grade Sub-Heads will continue as per extant
--I
orders.
3. Sub-Heads to work as Clerical hands as required by
'~
by Administration
F
Ill.
Account Staff
The cadre of Shroffs to be placed in the following
Percentages:-
(a) Head-Shroff
Rs. 425-640
20%
G
Senior Shroff
Rs. 330-560
40%
' -""
Junior Shroff
Rs. 260-400
40%
'
(b) Cashiers to be placed in the following Percentages:-
""""
Rs. 455-700
40%
H
458
SUPREME COURT REPORTS
[2008] 11 S.C.R.
1
A
Rs. 425-640
40%
Rs. 330.-560
20%
.
(c) Upgradation effected to posts in Supervisory Cadre
)
'
as under:-
8
Scale (Rs.)
Existing
Revised
700-900
. 55
107
y
550-750
134
146
455-700
37
Nil
Total
226
253 (+27 posts
upgraded
c
from Head
Shroff
Scale Rs.
425-640)
D
The detailed distribution of Supervisory Cadre Railwaywise is given in Annexure-11.
v.
Tool Checkers
>-
1.
CLW & DLW: The existing cadre of Tool Checkers
in CLW & DLW will be ·restructured as under:-
E
Scale (Rs.)
Revised Percentage
260-400
40%
330-560
30%
1--
'425-700
20%
F
550-750
10%
,:....._
The CLW and DLW Administration should take ·action for
introducing direct recruitment in the cadre of Tool Checkers
on the standard pattern applicable to other Ministerial
G
cadres and merge with the .appropriate .Ministerial cadre.
2. Eastern Railway: The Tool Checkers on Eastern
Railway will also have the grades Rs.425-700 and Rs.550-
-f- '
750 .and the same percentage structure as laid down for
~
CLW arid DLW in Item I above with the proviso that
H
upgradation of posts to scale Rs.550-750 forming part of
UNION OF INDIA v. PUSHPA RANI
459
& OTHERS [G.S. SINGHVI, J.]
,
10% of the cadre will be effected only after the existing A
staff promoted to scale Rs.425-700 in terms of these
restructuring orders complete one year of service in that
grade from the date of physical promotion. The Railway
should take action to merge the cadre of Tool Checkers
with the appropriate Ministerial cadre and introduce direct B
recruitment as per existing pattern applicable to the
Ministerial cadre.
--Vl.
Tracers (Rs.260-430)
The existing regular incumbents of the post of Tracers in c
all the four disciplines of the Engg. Departments viz. Civil
Engg, Mechanical Engg., Signal & Telecommunication
Engg. and Elec. Engg. Departments will be promoted in
the following manner:-
(i)
Those who possess the diploma in Draftsmanship D
from recognized institutions will be upgraded as
Junior Draftsman scale Rs.330-560.
(ii)
Those who dCi not possess the diploma in
Draftsmanship but have completed 5 years of service
as on 1.1.84 will be upgraded as Junior Draftsman
E
in scale Rs.330-560.
(iii) The balance non-qualified Tracers will be
progressively promoted by upgradfng their posts as
Junior Draftsman (Rs.330-560) as and when they F
complete 5 years of service or acquire the necessary
qualification. The review will be done every six months
commencing from 1.7.1986.
(iv)
The vacancies which occur in the normal course in
scale Rs.330-560 will continue to be filled as per G
existing pattern.
(v)
After the entire cadre of the Tracers has been fully
accommodated in the higher grade post of Junior
Draftsman in scale Rs.330-560, future vacancies in
H
460
SUPREME COURT REPORTS
[2008] 11 S.C.R.
'j
A
scaleRs.330-560 will be filled cent-per-cent by direct
recruitment of diploma holders in Draftsmanship.
Detailed instructions will follow.
Note:
B
The existing cadre of Tracers is to be frozen and actual
requirements reviewed and determined with Board's
r
approval within six months. In this connection, reference is
invited to Ministry of Railways letter No.E(NG) 11-85/RC-2/
7 dated 27.2.1985. Once the cadre of the Junior Draftsman
c
in scale Rs.330-560 is fixed finally, it will be taken into
account for percentage distribution appllcable to the
drawing office staff vide item 6 of the Annexure to this
Ministry's letter No.PClll/84/UPG/9, dated 16.11.1984 in
the subsequent annual cadre reviews.
D Vii. Permanent Way Mates to Permanent Way Mistries
(i)
20% of posts of Permanent Way Mates in scale
)>-
Rs.260-400 to be upgraded to Permanent Way
Mistries in scale Rs.380-560.
'
E
(ii)
50% of vacancies arising on or after 1.1.85 in scale
Rs.380-560 should be filled by candidates who have
passed 12th Standard with Maths and Science.
(iii) Direct recruitment of PWI Grade Ill in scale Rs.425-
~
700 will be reduce from 75% to 66-2/3% for vacancies
F
arising in that category after the date of restructuring
as proposed in item Vll(i) above. For promotion of
)I....
directly recruited PW Mistries scale Rs.380-560 to
PWI Grade Ill in scale Rs.425-700, a minimum of
three years service as PW Mistries will be required
G
including training period.
,.
VIII
Message Checkers (for Central Western & Eastern
Railways only)
r~\
/
Message Checkers will be restructured as under:-
H
.......
UNION OF INDIA v. PUSHPA RANI
461
& OTHERS [G.S. SINGHVI, J.]
Grade
Central
Western
Eastern
A
(Rs.)
Extg.
Revd.
Extg.
Revd.
Extg.
Revd.
cadre cadre
cadre cadre
cadre cadre
260-430
5
4
8
7
4
3
330-560
4
3
6
5
3
3
B
425-640
1
2
1
2
2
2
550-750
1
1
1
1
700-900
1
Total
10
10
16
16
9
9
-
c
10. The relevant paragraphs of policy contained in letter
dated 9.10.2003 which is subject matter of this litigation, also
read as under:-
"The Ministry of Railways have had under review cadres
of certain Group ·c· & ·o· staff in consultation with the staff D
side with a view to strengthening and rationalizing the
staffing pattern on Railways. As a result of the review
undertaken on the basis of functional, operational and
administrative requirements, it has been decided with the
approval of the President that the Group · C' & 'D' E
categories of staff as indicated in the Annexures to this
letter should be restructured in accordance with the revised
percentages indicated therein. While implementing these
orders the following detailed instructions should be strictly
and carefully adhered tp:
F
xxx
1.
:xxx
:xxx
Date of effect (hereinafter referred to -as cut-off date):
This restructuring of cadres will be with reference to
ttie sanctioned cadre strength as on the date following
G
the date on which the cadres in the headquarter
offices of new Zonal Railways/New Divisions are
closed. The benefit of restructuring will be restricted
to the persons who are working in a particular cadre
on the cut-off date.
H
462
SUPREME COURT REPORTS
(2008] 11 S.C.R.
·-y
A
3.
Pay Fixation (Rule 1313 (FR 22)- RI/). Staff selected
and posted against the additional higher grade posts
as a result of restructuring will have their pay fixed
under Rule 1313 (FR-22)(1)(a)(1 )-Rll on proforma
basis w.e.f. the cut-off date with the usual option for
B
pay fixation as per extant rules. Actual payment based
on the pay so fixed should be made from the date of
taking over the charge of the higher grade post
arising out of these restructuring orders. The benefit
under this rule will, however, no longer be available
c
in the case of movement from lower grade to higher
grade in the non-functional situations where there is
no change in duties as in the case of movement from
Goods Guards to Sr. Goods Guards and Goods
Drivers to Sr. Goods Drivers etc. In the case of such
D
movement, the pay will be fixed under Rule 1313
(FR 22) (l)(a)(2)-Rll. However, the benefitof fixation
)..._
of pay under Rule 1313 (FR-22)(1)(a)(1) R-11 will now
be admissible in the cases of functional promotions
such as promotion from Sr. Goods Guards to
E
Passenger Guards and Sr. Goods Drivers to
Passenger Drivers etc. though in identical scale of
pay.
4.
Existing classification and filling up of the vacancies.
The existing classification of the posts covered by
F
these orders as 'selection' and 'non-selection', as
the case may be, remains unchanged. Action should
)-...-
be taken to position the employees on the basis of
selection/non-selection/suitability/Trade Test, as the
case may be. However, the instructions contained in
G
Para 13.2 should be followed in case of placement
of Supervisors (erstwhile Mistries) to grade Rs.50008000.
-r5.
Extant instructions for D&ANigilance clearance will
be applicable for effecting promotions under these
H
orders with reference to the cut-off date.
UNION OF INDIA v. PUSHPA RANI
463
& OTHERS [G.S. SINGHVI, J.]
6.
Minimum years of service in each grade. While A
implementing the restructuring orders, instructions
regarding minimum period of service for promotion
issued from time to time should be followed. In other
words, residency period prescribed for promotions
to various categories should not be relaxed.
B
7.
Basic functions, duties and responsibilities. Since
the cadres as detailed in the annexures to this letter
are being restructured on functional, operational and
administrative considerations, the posts being placed
8.
in higher scales of pay as a result of restructuring
C
should include the duties and responsibilities of
greater importance.
Adjustment of excess number of posts.