IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21068 of 2006 Between: 1 The Union of India, rep. by Secretary to Government, Ministry of Railways (Railway Board), Rail Bhavan, New Delhi 110 001. 2 The General Manager, S.C. Railways, Rail Nilayam, Secunderabad. 3 The Chief Personnel Officer, S.C.Railway, Rail Nilayam, Secunderabad. 4 The Divisional Railway Manager, Personnel Branch, V Floor, Sanchalan Bhavan, Secunderabad. ..... PETITIONER(S) AND 1 K.Purnachandra Rao S/o.Sri K.Rama Rao O/o.Divisional Manager, Broad Guage, South Central Railways, Secunderabad, R/o. 11-4-322/1, Chilkalguda, Secunderabad. 2 D.Radhakrishna S/o.not known O/o.Divisional Manager, Broad Guage, South Central Railways, Secunderabad, R/o.Warangal. 3 Y.P.M.K.Raju S/o.not known O/o.Divisional Manager, Broad Guage, South Central Railways, Secunderabad R/o.1-1-1287, Venkatadrinagar, Kazipet. 4 R.Venugopal S/o.not known, SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 5 T.Trinath S/o.not known,ST, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 6 S.Anandaraman S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Kazipet. 7 B.Padma Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Kazipet. 8 B.Sesha Reddy S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Kazipet. 9 Ataullah Sharif S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 10 Md.Peer Basha S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 11 J.Venkateshwar Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Kazipet. 12 Kuru Murthy S/o.not known, SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 13 Balanarayana S/o.not known, SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 14 P.Venkateswarlu S/o.not known, ST O/o.Chief Ticket Inspector, South Central Railways, Secunderabad. 15 T.Dharmaraju S/o.not known, ST O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 16 Ch.Adinarayana S/o.not known, ST O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 17 N.B.Devaiah S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 18 M.M.A.Khan S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Nampally, Hyderabad. 19 Sk.Subhan S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 20 S.P.Sharma S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 21 S.Bharathi Dasan S/o.not known,SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 22 M.Subba Rao S/o.not known,SC O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 23 E.Satyanarayana S/o.not known,SC O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 24 G.Narsing Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 25 B.N.A.P.Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 26 S.Ponnu Swamy S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 27 G.Nookaraju S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 28 T.Shivaraju S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 29 B.Omprakash S/o.not known,SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 30 B.Ramachander S/o.not known,SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 31 B.V.Prakash S/o.not known,SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 32 G.Hara Prasad S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 33 Md.Abdul Hameed S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 34 V.M.Mohan S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 35 S.A.Ali Khan S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 36 Md.Abdul Alam S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 37 V.Sunder Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 38 B.R.Gopal Rao S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 39 M.Prem Kumar S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 40 A.Upender S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Kazipet. 41 G.P.Manohar S/o.not known,SC, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. 42 B.R.Vivekananda S/o.not known, O/o.Chief Ticket Inspector, South Central Railways, Secunderabad Division, Secunderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Certiorari by calling for the order dt. 25.4.2006 in O.A.No.127/2005 on the ﬁle of Central Administrative Tribunal, Hyderabad Bench and declare the same as illegal, arbitrary, capricious and unconstitutional and pas such other or further orders. Counsel for the Petitioner:MR.T.S.VENKATARAMANA Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21068 of 2006 O R D E R: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled questioning the order dated 25.4.2006 passed in O.A.No.127 of 2005 by the Central Administrative Tribunal, Hyderabad. This writ petition is ﬁled by the oﬃcial respondents in the OA. The applicants-respondents 1 to 3 herein ﬁled the said OA questioning the policy of reservation framed under restructuring scheme and empanelment of candidates as per the said restructuring scheme by memo dated 23.2.2005 to the post of Chief Ticket Inspectors with a view to strengthen and rationalize the staﬃng pattern of Railways. It is stated that a result of the review undertaken on the basis of functional, operational and administrative requirements, it was decided, with the approval of the President, that the Group C & D categories of the staﬀ as indicated in the Annexure to the Railway Board’s letter No.PC- III/2003/CRC/6 dated 9.10.2003, shall be restructured in accordance with the revised percentage indicated therein. It is stated that these instructions have been issued by the Railway Board with a view to bring the policy of reservation in line with law laid down by the Hon’ble Supreme Court’s judgments in R.K.Sabharwal v State of Punjab, AIR 1995 SC 1371, Union of India v Virpal Singh Chouhan AIR 1996 SC 442 and Union of India v J.C.Malik. Pursuant to the policy of “restructuring scheme”, select list dated 23.2.2005 has been prepared following the rule of reservation, which was subject matter of challenge before the Tribunal. The Tribunal by the impugned order following the judgment in O.A.No.1318 of 2004 and batch (M.SURESH KUMAR AND OTHERS vs UNION OF INDIA AND OTHERS) quashed the select list and directed to take action in terms of the order passed in the O.A.No.1318 of 2004 on the ground that in the earlier decision it was held that the policy of reservation in favour of Members of SC and ST is not applicable to the restructuring scheme, and accordingly directed the respondents to consider the applicants and other eligible employees for placing them in the appropriate pay scales under the restructuring scheme as per their eligibility and suitability without reference to the reservation policy from the due date with all consequential beneﬁts, within a period of three months from the date of receipt of a copy of the order. Now, it has been represented by the learned standing counsel for the petitioners that the subject matter was carried in appeal before the Supreme Court and the Supreme Court allowed the batch of appeals by judgment dated 25.7.2008. In view of the judgment of the Supreme Court, dated 25.7.2008, we are of the view that the writ petition is liable to be allowed. Accordingly, the writ petition is allowed holding that the reservation policy is applicable to the restructuring scheme. No order as to costs. ___________________ GHULAM MOHAMMED,J _______________ C.V.RAMULU,J 13th August, 2008. PNV ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21068 of 2006 13th August, 2008