Following Supreme Court order, Modi Government issues notification on quota promotion

Taking cognizance of the Supreme Court order allowing the central government to go ahead with reservation in promotion for employees belonging to the Scheduled Castes and Scheduled Tribes category, the Centre on Friday issued a formal notification on the same.

The Department of Personnel and Training in its order or Office Memorandum on Friday said the cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to “carry out promotions” in accordance with the directions of the Supreme Court based on existing seniority and select lists.

“Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court,” the order said.

The order also directed that all Ministries and departments are requested to bring this to the notice of all concerned for information and compliance.

“The State Governments are also advised to take necessary action in accordance with the orders passed by the Supreme Court ,” the Office Memorandum said.

Allowing promotion for SC-ST employees “accordance with law”, the Supreme Court on June 5 took into account the Centre’s submissions that entire process of promotion has come to a “standstill” due to the orders passed by various high courts and the apex court had also ordered for “status quo” in a similar matter in 2015.

The top court has already referred the matter to a constitution bench while it was hearing a batch of petition which arose from a Bombay High Court verdict quashing two state government notifications terming them as ultra vires to Article 16(4A) of the Constitution.

The Delhi High Court too in its August 23, 2017 verdict had set aside an office memorandum issued by the Department of Personnel and Training (DoPT) on the issue of reservation in promotion to the employees belonging to SC/ST.

The High Court has also restrained the Centre from granting reservation in promotion without first collecting the data on inadequate representation.

The government counsel had told the apex court that there were separate verdicts by the high courts of Delhi, Bombay and Punjab and Haryana on the issue of reservation in promotion to SC/ST employees and the apex court had also passed different orders on appeals filed against those judgement.

 

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