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TMI Blog1996 (1) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... ect recruitment and not for appointment by promotion, is illegal. - C.A. 2523 OF 1996 - - - Dated:- 17-1-1996 - RAMASWAMY, K., HANSARIA B.L. AND MAJMUDAR S.B., JJ. ORDER Leave granted. Though the respondents have been served with notice they are not appearing either in person or through counsel. We have heard Sri Ram Kumar, learned counsel for the appellants. This appeal by special leave arises from the order of the Administrative Tribunal of Andhra Pradesh passed on December 2, 1992 in O.A. No.5158/92. The Tribunal in the impugned order has held that though the posts of Assistant Conmercial Tax officers etc. are governed by rules made under proviso to Article 309 of the Constitution issued in G.O. Ms. No.107 dated Jan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here the total number of such reserved vacancies exceed s (52%) of the vacancies filled that year in case the overall representation of the Scheduled Castes and Scheduled Tribes in the total strength of the concerned grade or cadre, has not reached the prescribed percentage of reservati on of (15%) for the5cheduled Castes and (6%) for the Scheduled Tribes respectively." Rule 5 of the Special Rules envisages applicability of Rule 22 of the State and Subordinate Service Rules (General Rules) for appointments to the above service. The relevant proviso to rule 22 extracted hereinbefore postulates that the carry forward vacancies and current reserved vacancies in a recruitment year shall be available for utilization even where the total number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of adequate representation in the services under the State. In 1ndra SawhneY and Ors. v. Union of India and Ors. [(1992) Supp. 3 SCR 217], a larger bench of nine Judges per majority, in which Justice A.M. Ahmadi, J. (as he then was) did not participate on the issue since it did not directly arise for decision therein, held that reservation of appointment or post under Art.16(4) is confined to initial appointment only and cannot extend to provide reservation in matters of promotion. However, this Court uphe1d the promotions made until the date of the judgment, namely, November 16, 1992 and held that wherever special rules have not provided reservation in appointment by promotion, the same was permitted to be done within 5years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d parliamentary approval. It would thus be clear that as a principle of law, rule of reservation can apply not only to initial recruitment but also in promotions where the State is of the opinion that Scheduled Castes and Scheduled Tribes are not adequately represented in promotional posts in class or classes of service under the State. It is seen that Rule 22 of the general Rules provides reservation for appointment by direct recruitment. By Constitutional parameters and interpretation of law by this Court, reservation under Articles 141B, 16(1) and 16(4) would include reservation in promotion as well. In view of the above, the stand taken by the Tribunal that Rule 22 would apply only for direct recruitment and not for appointment by pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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