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As per case facts, P. Sheshadri, an Assistant Director/Executive Engineer, was deemed eligible for promotion to the next grade of Dy. Director/Executive Engineer. Being the sole Scheduled Tribe candidate, his
...name was placed at serial 26 in the combined select list of selected candidates. However, only 22 persons were promoted, leading to his exclusion. He filed an application before the Central Administrative Tribunal, Hyderabad, seeking a declaration that his non-promotion was arbitrary and illegal, and a direction for his promotion with retrospective effect. The Tribunal dismissed his application, prompting this appeal. The question arose whether the Tribunal correctly interpreted Office Memorandum No. 27/2/71-E 4 (SET) dated 27.11.1972 and related government instructions regarding reservation policy for Scheduled Castes and Scheduled Tribes in promotions. Specifically, it questioned if, despite the limited number of actual promotions, the appellant, as the only eligible Scheduled Tribe candidate, should have been promoted according to the reservation roster and policy. Finally, the Supreme Court allowed the appeal, holding that the appellant, being a selected and eligible Scheduled Tribe officer, should have been promoted, and the respondents committed a serious error. The Court clarified that the reservation policy, as outlined in various Office Memoranda, necessitates fulfilling the reserved quota for Scheduled Tribes from eligible candidates, even if the total promotions are fewer than the full panel. The Tribunal's order was set aside, and the appellant was deemed promoted with retrospective effect and consequential benefits.
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