Union of India (UOI) and Others vs R. Ayyappan

Leave granted.

The dispute relates to an isolated post of Operator (Ice Plant) in the Integrated Fisheries Project of the Union of India. The recruitment rules provide for the post being filled by promotion failing which, by direct recruitment. It is contended by the appellants that the vacancy which is the subject-matter of dispute, was reserved for a Scheduled Caste candidate and hence the first respondent who had been working as an Assistant Operator for the last 26 years and was otherwise eligible for promotion was not entitled to be promoted to this post since he belonged to the general category. The respondent in fact had been acting as Operator since 31-8-1993 when the previous incumbent voluntarily retired.

The Central Administrative Tribunal, Ernakulam has allowed the application of the respondent on the ground that a solitary post cannot be reserved, relying upon the decision of this Court in Chakradhar Paswan Vs. State of Bihar and Ors, and Smt. Chetana Dilip Motghare Vs. Bhide Girls Education Society, Nagput and others, .

The appellants have pointed out that in the case of State of Bihar and Others Vs. Bageshwari Prasad and Another, this Court held that even a single post can be reserved by rotation on the basis of a roster, distinguishing the case of Dr Chakradhar Paswan v. State of Bihar (Supra). This view has been reaffirmed by a Bench of three Judges of this Court in Union of India and Another Vs. Madhav Gajanan Chaubal and Another, .

In the present case, however, the appellants are unable to point out to us any such reservation of the present post which is a single post, by rotation as contemplated in the case of State of Bihar v. Bageshwari Prasad or Union of India v. Madhav. The Tribunal, therefore, was entitled to rely upon the decision in the case of Dr Chakradhar Paswan v. State of Bihar (Supra). The appeal is hence dismissed. There will be no order as to costs.