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2013 DIGILAW 129 (GUJ)

Union of India v. Harshvardhan Verma

2013-03-04

S.G.Shah, Vijay Manohar Sahai

body2013
Judgment Vijay Manohar Sahai, J.—We have heard learned counsel Ms. Archana U. Amin, appearing for the petitioners. Though Rule have been served on respondent Nos. 1 and 2 but no one appears for them. 2. Learned counsel for the applicants submits that the matter is squarely covered by a Division Bench judgment of this Court passed in Special Application No. 1152 of 2013 (Union of India vs. Salim Ansari and 17 others) decided on 18th December 2009, which is extracted below : “1. 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 int he 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. 2. No orders are required to be passed in the Civil Applications.” 3. Therefore, following the aforesaid Division Bench judgment we also set aside the impugned order passed by the Central Administrative Tribunal, challenged in this Special Civil Application, and it is held that in case of upgraded post, the question of reservation will have to be implemented by the authorities. This judgment shall be complied with by the appellants with in a period of 4 months from today. Rule made absolute to the above extent.