Supreme Court allows quota in SC/ST employees' promotion until Constitution bench adjudicates on issue
NEW DELHI: The Supreme Court (SC) lately authorised the Centre to supply reservation in promotion for SC/ST worker as per law until the problem is adjudicated by means of its Constitution bench. At the similar time, the SC did not explain which law to follow.
The Centre told the bench that it was certain to present promotion to its staff, and that promotion has virtually come to a standstill after orders handed by means of more than a few high courts.
"I'm govt and I have to give promotion to my employee," said Additional Solicitor General Maninder Singh to the SC.
Then the SC said the promotion can be proceeded with as per 'a law'.
"We can say that you can go ahead with promotion as per law and we won't mention what is (the) law," said the top court.
In April, Union minister and BJP best friend Ram Vilas Paswan, who has emerged as the federal government's key spokesperson on Dalit problems, told journalists that the federal government will transfer the apex court for the repeal of its directions which, he added, have halted the reservation for these communities in promotion.
His announcement comes shut at the heels of the federal government's resolution to report pleas in the apex court in opposition to its two orders which, it has argued, would work in opposition to the interests of the SCs and the STs.
Paswan said the court has dominated in favour of reservation for SCs and STs in promotion but additionally offered a number of conditions, which have resulted in non-implementation of quota guidelines.
According to these guidelines, state and central governments have to verify backwardness and potency for staff to be benefitted from reservation in promotion laws, Paswan said.
The Constitution regards schedules castes and tribes as backwards, he said, including that SC and ST staff are as efficient as others so each criteria are unnecessary.
The Centre told the bench that it was certain to present promotion to its staff, and that promotion has virtually come to a standstill after orders handed by means of more than a few high courts.
"I'm govt and I have to give promotion to my employee," said Additional Solicitor General Maninder Singh to the SC.
Then the SC said the promotion can be proceeded with as per 'a law'.
"We can say that you can go ahead with promotion as per law and we won't mention what is (the) law," said the top court.
In April, Union minister and BJP best friend Ram Vilas Paswan, who has emerged as the federal government's key spokesperson on Dalit problems, told journalists that the federal government will transfer the apex court for the repeal of its directions which, he added, have halted the reservation for these communities in promotion.
His announcement comes shut at the heels of the federal government's resolution to report pleas in the apex court in opposition to its two orders which, it has argued, would work in opposition to the interests of the SCs and the STs.
Paswan said the court has dominated in favour of reservation for SCs and STs in promotion but additionally offered a number of conditions, which have resulted in non-implementation of quota guidelines.
According to these guidelines, state and central governments have to verify backwardness and potency for staff to be benefitted from reservation in promotion laws, Paswan said.
The Constitution regards schedules castes and tribes as backwards, he said, including that SC and ST staff are as efficient as others so each criteria are unnecessary.
Supreme Court allows quota in SC/ST employees' promotion until Constitution bench adjudicates on issue
Reviewed by Kailash
on
June 05, 2018
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