Patna, May 4: Patna High Court on Monday quashed the state government's decision to provide reservation benefits to Scheduled Castes and Scheduled Tribes in promotions.
Stating that the state government did not take into consideration the overall backwardness of the castes, the single bench of Justice Vijayendra Nath said the decision (quota to Scheduled Castes and Scheduled Tribes [SC/STs] in promotion) was unconstitututional.
The state government had issued a notification in August 2012, ensuring reservation in promotion for SC/ST employees in government services. The decision was taken at a cabinet meeting presided over by chief minister Nitish Kumar.
The principal additional advocate-general, Lalit Kishore, said: "We will study the judgment first. Then we will adopt appropriate legal recourse."
The petitioner's lawyer, Vindhyachal Singh, referred to the M. Nagaraj vs Union of India (October 2006) case and said the state must demonstrate backwardness, inadequacy of representation and maintenance of efficiency before providing reservation in promotions, which the Bihar government failed to do.
The high court on Monday was of the view that reservation should not be provided at the cost of efficiency of the administration as the same amounts to erosion of public interest.
The single bench also held that the reservation benefits to SCs and STs in promotions to higher posts in government services was done without enough data. No proper survey was conducted either.
"The state failed to furnish sufficient valid data to justify the move to promote employees on caste basis. The conditions have not been satisfied," the bench observed.
While quashing the state government's notification to provide reservation benefits to Scheduled Castes and Scheduled Tribes in promotions, the bench on Monday took into account the applicability of "ceiling limit" and "creamy layer" before providing reservation to SCs and STs in promotions as the Supreme Court had clearly stated earlier in its judgment that both these factors would apply while providing reservation in promotions.
The state cabinet on August 17, 2012, had given its nod to continue reservation in promotions of SC/ST government employees to protect their interests. The decision of the government will benefit them (government employees), cabinet secretariat department's then principal secretary Ravikant had said in the post-cabinet briefing.
Even opposition parties and then deputy chief minister Sushil Kumar Modi had favoured the continuation of the reservation policy. Modi had said that SC/ST people in government services should have reservation facilities in promotion during their service period, as it would serve to protect their interests.
Link The Telegraph
Courts can't ask states to provide quota in promotions, says Supreme Court-11 Jan 2015 DNA
The Constitution enables governments to provide for reservation of SC/ST category employees even in promotions but courts cannot direct them to make such a provision, the Supreme Court has ruled.
A bench of justices J Chelameswar and A K Sikri, however, said the aggrieved employees, belonging to SC/ST categories, can themselves seek redressal from the court if they are denied the rightful promotions.
"Insofar as making of provisions for reservation in matters of promotion to any class or classes of post is concerned, such a provision can be made in favour of SC/ST category employees if, in the opinion of the State, they are not adequately represented in services under the State.
"Thus, no doubt, power lies with the State to make a provision, but, at the same time, courts cannot issue any mandamus to the State to necessarily make such a provision. It is for the State to act, in a given situation, and to take such an affirmative action," the bench said.
Whenever, there exists such a provision for reservation in the matters of recruitment or promotion, it would bestow an enforceable right in favour of persons belonging to SC/ST category and on failure on the part of authorities to reserve posts in selections or promotions, the employees concerned can move the court to get their rights enforced, it said.
The court discussed the clause 4 and 4A of Article 16, which deal with quota in promotions in services also in its verdict and said these are "only the enabling provisions which permit the State to make provision for reservation of these category of persons".
The court's observations came while deciding a plea of Central Bank of India SC/ST Employees Welfare Association and others which had challenged the decision of the bank not to grant reservation in promotions in all categories.
The PSU bank had taken the stand that there was no rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of more than Rs 5,700.
The court, in its 36-page verdict, said, "While setting aside the impugned judgment of the high court to the extent it holds that office memorandum dated 13-8-1997 makes a provision for reservation, it is clarified that at present there is no provision for reservation in promotion by selection only in respect of those posts which carry an ultimate salary of 5,700 per month ...
"Qua appellant banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions from Scale-I up wards up to Scale-VI, reservation in promotion in favour of SC/ST employees has to be given.
"It would have the effect of allowing the writ petitions filed by the respondents/unions partly with directions to the appellant Banks to make provision for reservations while carrying out promotions from Scale-I to to Scale-II and upward up to Scale-VI."
The bank had said that as per the promotion policy, the candidates belonging to SC/ST category have been given reservation at the initial level of recruitment and also for promotion in the clerical cadre.
"Such a reservation is also provided for promotion from clerical grade to the lowest rank in the officers grade which is commonly known as Junior Management Grade Scale-I (Scale-I).
"However, when it comes to promotion from Scale-I to the next scale, which is known as Middle Management Grade Scale-II (Scale-II), the Banks have not been making any reservations while carrying out these promotions," the bank had said.
No Reservation in Promotion – Supreme Court..
I would like to suggest government to continue quota on recruitment if it is unavoidable and warranted to fulfill their social welfare agenda but completely stop quota system in promotion to SC/ST/OBC because this dirty game adversely affects the morale of those employees who perform better , honestly and devotedly but rejected only because they belong to general caste category. In an organization if a person is promoted only because he or she belongs to Dalit category even if he or she is non performer, dishonest and corrupt in his action vitiate the atmosphere, adversely affects the work culture and demotivate those who use to work sincerely and think for the nation as a patriot .It will not be an exaggeration to say that such type of dirty politics has only given rise to cancer of corruption all over the country and resulted in mass disloyalty to nation and the organization the employee serves. Undoubtedly this dirty politics has tarnished the image of the country in international community too.
The only solution to deal with this grave problem arising out of Supreme Court verdict and consequent denial of quota in promotion is to give promotion strictly based on seniority. This system will have dual advantage. Firstly there will not any thrust from SC/ST/OBC section on implementation of quota system in promotion or on issue of ordinance to nullify the impact of Supreme Court verdict .Secondly corrupt top ranked officers will not get opportunity to sell promotion and to whimsically reject any employee in promotion process only because he or she is not flatterer.
Hitherto even corrupt officers used to be elevated to higher post if he or she has a backing of minister, or key politicians or powerful top officers.
Officers who had the blessings of Godfather used to get chance in interview and others used to be whimsically rejected by greedy members of Interview panel constituted for carrying out promotion processes in various offices and departments.
Lastly but not the least if seniority based promotion is put into action , quantum of flattery and blind support to bosses will stop and people will make efforts to say yes only when the proposal is justified and without any bias and prejudice. People will dare raise their voice against injustice of their bosses. Whistle blower will be able to puncture the possible mischievous plan of corrupt officers and ministers without any fear of repercussion on his career.
If at all it is found that employees do not perform only because he or she is sure of seniority based promotion, government and every department may frame a suitable policy to punish suitably to non performers and remove them if their non performance persist for a longer period. Such punitive action of course should take place based on written record and adjudged by a team of at least five good officers. Of course there are some disadvantages in seniority based promotions but these disadvantages become insignificant when we ascertain the impact of practice of whimsical and arbitrary promotion of bad officers at the cost of good officers and when we assess the impact of system of flattery and bribery on work culture.
Sunday, May 6, 2012 By Danendra Jain
Supreme Court Verdict on Promotion Quota
Normally whenever a new Chief Minister joins as Head of any state Government , his first and foremost task is transfer IAS and IPS officers as also other workers from one place to other and pick up officers of his choice who work is say always "Yes sir " "sir" on all proposals of the government blindly.Person selected even for the post of Governor of any state or for President of India is decided on his ability to work as rubber stamp of the government.Similarly officers who are doubtless rubber stamp of bosses are only picked up for promotion in any Public sector undertaking . All these whimsical decisions will be reduced to minimum when government decides to award seniority based promotion and frame a fool proof policy for transfer and posting as also for punishing a non performer.
Tuesday, August 21, 2012
Lighter Side of Quota In Promotion
Following is a Cruel Joke on UPA's attempt to amend Constitution to nullify the order of Supreme Court which disfavored reservations in promotions. Please do not take it from the heart. Don’t mind. It is not to hurt the sentiments of any human being who worship all as children of God the almighty.
Our country is famous for quota and reservation. Quota is fixed for on the basis of caste or community, region or religion, Or for handicapped and woman and so on. There are many traders many farmers, many peons, beggars, blind peersons,TB patients, cancer patients ,bank officers, central government employees, members of small political parties, HIV patients, prostitutes, street hawkers, vendors, contractors, bar dancers, unemployed matriculates, grauduates,engineers, who have got no representation in Parliament and state assemblies and in top post of department and offices. I think there should be quota fixed for all these segments and other such segments of society too. Quota must be fixed for TB patients and all such persons who have lacs of people behind them must be given representation in board of directors, in list of candidates for election.
After all, one must keep in mind that there are hardly ten lac politicians or ten lac intelligent and educated persons who are ruling 120 crores of Indians without any break for last 65 years, who are repeatedly getting chances in Parliament and state assemblies. Why not criminals languishing in jail should also be given tickets and given chances on high profile posts so that they may voice their sound on proper platform to mitigate their problems.
Why only students who pass the MBBS should be made Doctor, even patients should be given a chance to become doctor and quota be fixed for it. Why only journalists are allowed to take interview of VIPS? Even beggars, dalits, SC ST economically backward class people, women,OBC,prostitutes,should also be given chance as per fixed quota to take interview of Manmohan Singh and other VIPs.
I am therefore of the opinion that if Members of ruling party are ready to amend Constitution to allow promotion based on caste and community to nullify the ruling of Supreme court, the government should also make provision adequate reservation for above mentioned class of persons to give them fair chance of representation. Rather UPA government should change the entire recruitment processes and promotion processes either by promulgating an ordinance or by amending the Constitution in such a way that none of the organization should insist for educational qualification or experience as the eligibility criteria either for recruitment or promotion of staff in their organization or office.
All promotion should be made based on population of each segments of society. Persons and parties who cry for merit based promotions should be declared as anti nationals and enemy of democracy and hence should be punished and taken to task immediately .In this way the UPA government can win the hearts of crores of voters who were hitherto not getting opportunity to sit on top ranked responsible posts and who were treated as neglected in the society.
Government should declare doctors, engineers, IAS officers scientists, CAs Advocates strictly as per population of various group in the country. There is no need to conduct entrance examination or recruitment test to test the merit. Those who take merit test should be declared as anti nationals and anti democracy.
Friday, December 14, 2012
How To Finish Deadlock On Issue of Quota In Promotion Process for Dalit
It is they who raped good performers in the name of merits. It is they who are responsible for bad asset quality of banks. Two lac crore worth advances are now Non Performing asset, eight lac crores as stressed assets but concealed by restructure and tens of thousands of crores of rupees is lost in fraud during three years. Officers are promoted but banks are getting downgraded by rating agencies. Obviously it is top management who misused merit oriented promotion policy for their self interest and damaged the fundamental of banks. And hence it is justified to adopt seniority based promotion which protected banks to a larger extend before the reformation era launched in 1991.