Union Of India vs Pushpa Rani & Ors on 29 July, 2008
Heard
learned counsel for the parties. This litigation arises out of the
decision of the Central Administrative
Tribunal, where the main question which was decided by the Tribunal
with respect to the controversy that in the case of upgradation,
whether on the upgraded posts, the question of reservation applies or
not. This question, at that time was pending before the Hon'ble
Supreme Court which has been answered in the case of Union of India
vs. Pushpa Rani and others, 2008(1) SCC, 242 and it has been held by
the Hon'ble Supreme Court that in the upgraded posts also,
reservation will apply. The order of the Central Administrative
Tribunal proceeds on the premises which is contrary to this
proposition. Therefore, the order of Central Administrative Tribunal
deserves to be set aside and it is held that in the case of upgraded
posts, the question of reservation will have to
be implemented by the respondent authorities. In that view of the
matter, the order of Central Administrative Tribunal is set aside and
the O.A. filed before the Central Administrative Tribunal stands
disposed of. With these observations, the appeals are disposed of as
indicated above.