P. B. Gajendragadkar,
Ajit Kumar Sarkar,
K. N. Wanchoo,
K. C. Das Gupta,
N. Rajagopala Ayyangar
Constitution of India , Art.16(4)— Scope and effect - Promotion to selection posts - If within scope of Art. 16 (4) - Reservation of selection posts in Railway Service in favour of members of Scheduled Castes and Scheduled Tribes - Not ultra vires Art, 16 (4) - Circulars issued by Railway Board dated 27-4-59 and 12-6-59 - ValidityArt. 16 (1) and (2) - Scope.
AIR 1961 Mad 35, Reversed. Railway Board Circulars , —
Majority view :
The circulars issued by the Railway Board, dated 27-4-59 and 12-6-59, ordering reservation of selection posts in the railway service in favour of the members of the Scheduled Castes and Scheduled Tribes do not fall outside Art. 16 (4) and are not ultra vires on that ground.(Para 27)
Promotion to selection posts is included both under Art. 16 (1) and (2) :
The initial employment or appointment is only one of the matters relating to employment or appointment. The other matters relating to employment would be the provision as to the salary and periodical increments therein, terms as to leave, as to gratuity, as to pension and as to the age of superannuation. Similarly, in respect of appointments, such matters would include all the terms and conditions of service pertaining to the said office. All those matters are included in the expression "matters relating to e....
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