Modi govt asks its depts, states to implement quota in promotion to SC/ST staff

The centre today asked all its departments and the state governments to implement reservation in promotion for employees belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) categories.

The Ministry of Personnel order must state that it is subject to further rulings by the top court.The apex court had on June 5 allowed the Centre to go ahead with reservation in promotion for employees belonging to the SC and ST category in “accordance with law”.

  1. The apex court had on June 5 allowed the centre to go ahead with reservation in promotion for SC/ST.
  2. “We can say that you can go ahead with promotion as per the law,” top court to centre.
  3. The nine-judge bench of Supreme Court had, in the Indira Sawhney case in 1992, permitted reservation for the SCs and STs in promotion.
  4. A three-judge bench of the apex court had agreed to consider whether its 11-year-old judgement in M Nagaraj case was needed to be re-visited.

“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,” the Ministry of Personnel, Public Grievances and Pensions said in a circular tweeted by Union Minister of Food and Public Distribution Ram Vilas Paswan. The Centre added that every promotion order must state that it shall be subject to further rulings by the Supreme Court.

According to the order, besides the Central government departments concerned, state governments are also advised to take necessary action in this matter. The personnel ministry order will be applicable to SC and ST category employees working with the Centre and the state governments, an officer said.

The top court 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.

During the hearing, the ASG cited the case laws on the issue of quota in promotion in government jobs and stated that the apex court’s 2006 judgement in M Nagaraj case would be applicable.

The M Nagaraj verdict had said that creamy layer concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs like two earlier verdicts of 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E V Chinnaiah versus State of Andhra Pradesh, which dealt with creamy layer in Other Backward Classes category.

On November 15 last year, a three-judge bench of the apex court had agreed to consider whether its 11-year-old judgement in M Nagaraj case was needed to be re-visited.

The nine-judge bench of Supreme Court had, in the Indira Sawhney case in 1992, permitted reservation for the SCs and STs in promotion to continue for a period of five years from November 16, 1992.

Source: PTI

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