Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Upgradation - Applicability of reservation provisions - Biennial Cadre Review (BCR) Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Upgradation - Applicability of reservation provisions - Biennial Cadre Review (BCR) Scheme - Nature of - Held: As upgradation involves neither appointment nor promotion, it will not attract reservation - Upgradation involves mere conferment of financial benefits by providing a higher scale of pay - If there is mere upgradation of posts, as contrasted from promotion, reservation provisions would not apply - However, where the upgradation does not involve appointment to a different or higher post, but is as a result of a promotional process involving selection, then the principles of reservation are attracted - In the instant case, the BCR scheme in question was an upgradation scheme to give relief E against stagnation - It did not involve creation of any new posts - It did not involve advancement to a higher post - It did not involve any process of selection for conferment of the benefit of higher pay-scale - The upgradation was given to the senior most 10% of BCR scale employees in Grade Ill F strictly as per seniority - The BCR scheme was a scheme for upgradation simplicitor without involving any creation of additional posts or any process of selection for extending the benefit - Such a scheme of upgradation did not invite the rules of reservation - Constitution of India, 1950 - Article 16(4) and 16(4A). Service Law - Promotion and upgradation - Distinguished - Principles relating to applicability of rules of reservation - Discussed. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 656 |
Petitioner | Bharat Sanchar Nigam Ltd. |
Respondent | R. Santhakumari Velusamy & Ors. |
SCR | [2011] 14 S.C.R. 502 |
Judgement Date | 2011-09-06 |
Case Number | 5286 |
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