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Issues Involved:
1. Seniority of reserved candidates promoted at roster points. 2. Correctness of previous decisions in Virpal, Ajit Singh, and Jagdish Lal. 3. Validity of the 'catch-up' principle. 4. Prospective operation of previous judgments in Sabharwal and Ajit Singh. Summary: Issue 1: Seniority of Reserved Candidates Promoted at Roster Points The Court addressed whether reserved candidates promoted at roster points can claim seniority over general candidates who were promoted later. It was clarified that the judgment does not concern the reservation policy or the validity of roster points but focuses on the seniority of reserved candidates promoted at these points. Issue 2: Correctness of Previous Decisions The Court examined whether the decisions in Union of India v. Virpal Singh and Ajit Singh Januja v. State of Punjab, which favored general candidates, should be affirmed or if the deviation in Jagdish Lal v. State of Haryana should be accepted. The Court concluded that Virpal and Ajit Singh were correctly decided and that Jagdish Lal was not correctly decided. Issue 3: Validity of the 'Catch-Up' Principle The 'catch-up' principle, which allows senior general candidates to regain seniority over reserved candidates promoted earlier at roster points, was upheld. The Court emphasized that seniority should be based on the principle of equal opportunity and that the senior general candidate should be considered senior at the promotional level if they reach that level before the reserved candidate gets further promoted. Issue 4: Prospective Operation of Previous Judgments The Court discussed the prospective operation of the judgments in R.K. Sabharwal and Ajit Singh. It was held that promotions made before these judgments should not be reverted, but the seniority of such promotions should be reviewed. Promotions in excess of the roster made before 10.2.95 (Sabharwal) are protected, but such promotees cannot claim seniority. Similarly, for Ajit Singh, the seniority of reserved candidates promoted before 1.3.96 should be reviewed, and senior general candidates should be considered senior if they reached the promotional level before the reserved candidate moved further up. Conclusion: The Court concluded that the roster point promotees (reserved category) cannot count their seniority from the date of their continuous officiation vis-a-vis senior general candidates. The decisions in Virpal and Ajit Singh were affirmed, and Jagdish Lal was not correctly decided. The 'catch-up' principle was upheld, and the prospective operation of Sabharwal and Ajit Singh was clarified to protect promotions made before these judgments but not the seniority of such promotions.
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