SC against quota in upgraded govt posts

Court rules upgradation involves financial benefits

“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,” a bench of justices R V Raveendran and Markandey Katju said.

The court noted that the upgradation merely conferred a financial benefit by raising the scale of pay of the post without there being movement from a lower position to a higher position. In an upgradation, the candidate continued to hold the same post without any change in the duties and responsibilities but merely gets a higher pay scale, it said.

“Where the process is an upgradation simplicitor, there is no need to apply rules of reservation. But where the upgradation involves selection process and is therefore a promotion, rules of reservation will apply,” Justice Raveendran, writing the judgment, clarified.

The court passed the ruling while quashing the concurrent rulings of the Central Administrative Tribunal, Chennai branch and the Madras High Court that rules of reservation would apply even to upgradation of posts. The apex court upheld the appeal filed by the Bharat Sanchar Nigam Ltd, challenging the directions of the tribunal to restore to Grade 1V the services of certain employees all over the country.

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