Bill on SC/ST promotions in House despite Supreme Court order
Belagavi: In what is being seen as a move to appeal to scheduled castes and tribes ahead of the coming assembly poll, the state government on Tuesday tabled a Bill in the legislature to protect SC/ST promotions, although this could lead to a confrontation between the state and the judiciary.
The Supreme Court had on February 9 this year struck down the consequential seniority in promotions awarded by the government for SC/ST employees since 1978 and given it three months to demote those promoted under the reserved category.
The state government tried to take the ordinance route to circumvent the judgment, but was stalled by Governor Vajubhai Vala , who did not seem to like the idea. With all other avenues closed, the government then decided to introduce a law to avoid demoting the employees.
The proposed legislation, the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Bill 2017, was tabled by Law and Parliamentary Affairs Minister, T. B. Jayachandra, who explained that no court would have the authority to act against it.
Reads one section of the Bill, "No suit or other proceedings shall be maintained or continued in any court or tribunal or before any authority for the review of any said promotions contrary to the provisions of the Act, and no court shall enforce any decree or order to direct the review of any such cases contrary to the provisions of this Act."
The Bill explains it is intended to maintain promotions made as per government order no, DPAR 29 SBC 77 issued on April 27, 1978 and speaks of having a revised promotions' list as mandated by the top court on Feb. 9, 2017.