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6 Jun 2018 10:30am

Huge relief to Centre as SC allows reservation in promotion for SC/ST employees

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Central government got a major relief on Tuesday with the Supreme Court allowing it to implement the long-delayed reservation in promotion of SC/ST employees in "accordance with law".

The court's decision came while hearing a petition challenging the Delhi HC’s 2017 verdict quashing the government’s order extending reservation in promotion to SC/ST employees beyond five years from November 16, 1992.

The case was heard by a vacation bench of Justices Adarsh Kumar Goel and Ashok Bhushan.

The SC bench accepted the Centre’s submissions that the promotion policy has been at a “standstill” – for the last seven years – because of the orders passed by various high courts and the apex court.

Additional solicitor general (ASG) Maninder Singh, representing the Centre, told the bench that there were different verdicts on the issue of reservation by the high courts of Delhi, Bombay and Punjab and Haryana. Also, the apex court had passed separate orders on appeals filed against those judgements, Singh further added.

Responding to Singh, the top court said, “We will say you (Centre) can go ahead with promotion in accordance with law”.

Singh then cited the apex court’s 2006 judgement in the case of M Nagaraj, in which the court said that “creamy layer concept cannot be applied to Scheduled Castes and Scheduled Tribes for promotions in government jobs”.

Further, the ASG referred to a May 17 order passed by a single-judge bench of SC in a similar matter in which it was said that “pendency of petition before it shall not stand in the way of the Centre taking steps for the purpose of promotion”.

He also referred to Article 16 (4A) of the Constitution, which enables a state to provide for reservation in matters of promotion to SC/ST, which in its opinion, were not adequately represented in the services.

 


Tagged: Central government Supreme Court Scheduled Castes Scheduled Tribes Delhi HC Additional Solicitor General Article 16
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