Q. What are the equivalent citations for All India Non-Sc/St Employees Association (Railway) vs V. K. Agarwal & Others ?

The equivalence citation are(2001) 10 SCC 165 ; LQ/SC/2001/269 ;

All India Non-Sc/St Employees' Association (Railway) Vs. V. K. Agarwal & Others On 31 January, 2001

Q: Q. What was the bench assigned for the case All India Non-Sc/St Employees Association (Railway) vs V. K. Agarwal & Others?

HONBLE MR. JUSTICE B.N. KIRPAL , HONBLE MRS. JUSTICE RUMA PAL

Open iDraf

All India Non-sc/st Employees' Association (railway) v. V. K. Agarwal & Others

All India Non-sc/st Employees' Association (railway)
v.
V. K. Agarwal & Others

(Supreme Court Of India)

Contempt Petition (C) No. 304 of 1999 In Ca No. 1481 of 1996 | 31-01-2001

It appears from all the decisions so far that if as a result of reclassification or readjustment, there are no additional posts which are created and it is a case of upgradation, then the principle of reservation will not be applicable. It is on this basis that this Court on 19-11-1998 had held that reservation for SC and ST is not applicable in the upgradation of existing posts and Civil Appeal No. 1481 of 1996 and the connected matters were decided against the Union of India. The effect of this is that where the total number of posts remained unaltered, though in different scales of pay, as a result of regrouping and the effect of which may be that some of the employees who were in the scale of pay of Rs. 550-700 will go into the higher scales, it would be a case of upgradation of posts and not a case of additional vacancy or post being created to which the reservation principle would apply. It is only if in addition to the total number of existing posts some additional posts are created that in respect of those additional posts the reservation will apply, but with regard to those additional posts the dispute does not arise in the present case. The present case is restricted to all existing employees who were redistributed into different scales of pay as a result of the said upgradation.

The Union of India shall rework the seniority in the light of the clarification made today and report back within 6 weeks from today.