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| Date | 2004-10-18 |
|---|---|
| Type | Commercial Circular |
| Topic | upgradation |
| Currency | Historical — likely superseded |
High Court, by the impugned order dated 18.10.2004, dismissed the writ
government to restore the contesting respondents to their promoted posts which they were holding before the order dated 89.1999. The Telecommunication Department challenged the said order of the Tribunal by filing a batch of writ petitions before the Madras High Court. The Madras High Court, by the impugned order dated 18.10.2004, dismissed the writ petitions upholding the order of the Tribunal, said order is challenged, ese appeals by special leave by appellant. The appellant has put forth the following contentions “) promotion involves advancement in rank, grade or both and is always a step ‘There is a clear distinction between upgradation and promotion, While towards advancement to higher position, grade or honour, upgradation does not involve promotion to a higher position and the pedestal of the employee remains the same and the employee is merely conferred some financial benefits by granting a higher pay scale, to overcome stagnation, The BCR scheme introduced as per order dated 16.10.1990 was a scheme of upgradation and not promotion. ii) ditional posts, principles of reservation would not apply. The J Where there is only upgradation of existing posts, with cn h Court committed a serious error by treating gg@Etadation as a promoti hich reservation rules would appggifhe Tribunal and the High Court ougl of this Court in AU India Employees Association (Railways) vs. V.K. Agarwal - 2001 (10) SCC 165 and the decision of the Gujarat High Court dated 24.3.1999 in Special Civil Application No.7576 of 1997 - Union of India vs, All India Non SC/ST Telecom Employees Association. I, Article 16(4) enables the State to make any provision for reservation of appointment or posts in favour of any backward classes of citizens. Article 16(4A) enables the State to make any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of
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