Skip to content


Sri Vanapalli Venkata Vijay and Others Vs. the Divisional Railway Manager, Visakhapatnam and Another - Court Judgment

SooperKanoon Citation

Court

Central Administrative Tribunal CAT Hyderabad

Decided On

Case Number

O.A. No. 818 of 2008

Judge

Appellant

Sri Vanapalli Venkata Vijay and Others

Respondent

The Divisional Railway Manager, Visakhapatnam and Another

Advocates:

For the Applicants: Mrs. N(P) Anjana Devi, Advocate. For the Respondents: V. Rajeswara Rao, SC for Rlys.

Excerpt:


.....to the judgment of the hon'ble supreme court in the case of union of india vs. v.k.sirothia as illegal, arbitrary, capricious and violative of articles 14, 16 and 21 of the constitution of india. 2. the learned counsel for the respondents submitted that the law is now well settled following the recent decision of the hon'ble supreme court in civil appeal nos.6934 to 6946/2005 in the case of union of india vs. pushpa rani and others that reservation is applicable to restructured vacancies also. he, therefore, submitted that the application may be disposed of by giving a direction to the respondents to dispose of the representations of the applicants dated 11.4.2007, 24.5.2007 and 6.7.2005 in accordance with the latest law on the subject. 3. mr.g.venkatesh representing mrs.n (p) anjana dev, the learned counsel for the applicant has no objection to the suggestion. 4. i, therefore, dispose of this oa with a direction to the respondents to consider and dispose of the representations dated 11.4.2007, 24.5.2007 and 6.7.2005 of the applicants to consider their case for up gradation in accordance with the recent judgment of the hon'ble supreme court in the case of union of india vs......

Judgment:


(As per Hon'ble Mr.R.Santhanam, Member (A))

1. This application has been filed assailing the inaction of the respondents in not considering and disposing of the representations dated 11.4.2007, 24.5.2007 and 6.7.2005 of the applicants requesting the respondents to consider their case for up gradation from Technician Grade-III to Grade-II and grant monetary benefits on par with the SC and ST candidates of their batch, who were given promotions on up gradation while restructuring the cadres contrary to the judgment of the Hon'ble Supreme Court in the case of Union of India Vs. V.K.Sirothia as illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of the Constitution of India.

2. The learned Counsel for the Respondents submitted that the law is now well settled following the recent decision of the Hon'ble Supreme Court in Civil Appeal Nos.6934 to 6946/2005 in the case of Union of India Vs. Pushpa Rani and Others that reservation is applicable to restructured vacancies also. He, therefore, submitted that the application may be disposed of by giving a direction to the respondents to dispose of the representations of the applicants dated 11.4.2007, 24.5.2007 and 6.7.2005 in accordance with the latest law on the subject.

3. Mr.G.Venkatesh representing Mrs.N (P) Anjana Dev, the learned Counsel for the Applicant has no objection to the suggestion.

4. I, therefore, dispose of this OA with a direction to the respondents to consider and dispose of the representations dated 11.4.2007, 24.5.2007 and 6.7.2005 of the applicants to consider their case for up gradation in accordance with the recent Judgment of the Hon'ble Supreme Court in the case of Union of India Vs. Pushpa Rani and Others (supra). There shall be no Order as to costs.




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //