Thousands of government employees are keeping their fingers crossed as the Supreme Court is slated to take stock of reservation in promotions on July 27, the outcome of which could become a litmus test for the Congress-JD(S) coalition.
The Supreme Court will hear a case pertaining to compliance of its February 2017 judgement, in which it struck down all consequential promotions given to the employees belonging to SC/STs. All departments were directed to revise their seniority list and promote and demote employees accordingly. This is likely to impact at least 8,000 employees across 45 departments.
The previous Congress government got a law passed to circumvent the apex court ruling, whose implementation now hinges on the outcome of the July 27 hearing. “We will see what direction the Supreme Court gives on July 27 and act accordingly,” chief secretary T M Vijay Bhaskar said.
The government is going slow on implementing the new Act based on the advocate-general’s opinion. Bhaskar said the Supreme Court had been informed that the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the post in the civil services of the state) Act, 2017, had been passed. “We’ve informed the Supreme Court that the Act has received Presidential assent. We will wait for what the court has to say on this,” he said.
It was during the D Devaraj Urs regime, in April 1978, that Karnataka introduced the policy of reservation in promotions. The reservation applied to SC/STs to the extent of 15% and 3%, respectively.
In February 1999, the policy was modified to limit reservation in promotions up to the lowest category of Group-A posts, where there was no direct recruitment beyond 66%. This was again amended in April 1999 to ensure reservation in promotions for SC/STs continued to operate till their representation reached 15% and 3%. respectively.
As on March 31, 2002, data collected by the government showed that the representation of SC/STs was not above 15% and 3%. This justified continuing the reservation policy. 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, 2002, was passed to protect consequential seniority accorded since April 1978.
This Act was struck down by the Supreme Court in February last, holding it to be ultra vires Articles 14 and 16 of the Constitution.
“The mere fact that there is no proportionate representation in promotional posts for the population of SC/STs is not by itself enough to grant consequential seniority to promotees who are otherwise junior and thereby denying seniority to those who are given promotion later on account of reservation policy,” a bench of Justices A K Goel and U U Lalit held in its judgement, which has come to be known as the B K Pavitra case.
The apex court found merit in the argument that SC/ST candidates got promoted early and with consequential seniority, the percentage of SC/ST candidates was much higher than what was permitted, especially in higher positions.
For instance, an assistant engineer belonging to SC/ST recruited in 1987 got promoted as assistant executive engineer ahead of an assistant engineer from the general merit hired in 1976.
According to Social Welfare Minister Priyank Kharge, the government will go ahead and implement the 2017 Act. “The case before the Supreme Court deals with compliance to its February 2017 judgement and not the new Act itself. The new Act supersedes everything,” he said.
Till there is clarity from the Supreme Court and till the new Act is implemented, all promotions and demotions have been put on hold.