SC/ST promotions: SC stays State’s Feb. 27 order
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SC/ST promotions: SC stays State’s Feb. 27 order

March 2, 2019

New Delhi:  The Supreme Court yesterday poured water over a Karnataka government attempt to restore cadre and pay scales to thousands of Scheduled Caste/Scheduled Tribe employees in public services who were affected by an Apex Court judgment.

A Bench of Justices U.U. Lalit and D.Y. Chandrachud stayed a Feb. 27 order of the State government which virtually made defunct a Feb. 9, 2017 judgement of the Supreme Court in the B.K. Pavitra case, which had quashed quota in promotion for SC/STs in government service.

“When the hearing is at final stage on law, it is appropriate status quo is not altered,” the Court explained. The Court reminded the Karnataka side of its assurance given to the Apex Court that there would be no change in the status quo.

“This is a matter of institutional prestige of this Court,” the Bench said, advancing the hearing to March 6. The court is hearing petitions filed by general category employees for a judicial direction from the court to the State to comply with the 2017 verdict.

The Court had on Feb. 9, 2017 found that the Karnataka government did not face any “compelling necessity” to favour quota in promotion for SC/STs in government service.

The Apex Court had pronounced the judgment in a petition challenging the validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act of 2002. The law had also provided grant of consequential seniority to SC/ST government servants promoted under reservation policy.

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