http://news.in.msn.com/national/article.aspx?cp-documentid=4567236
12/11/2010
HC upholds provision in UP service rules for SC/ST
Allahabad, Nov 11 (PTI) The Allahabad High Court today upheld a
provision of government service rules in Uttar Pradesh whereby
Scheduled Castes and Scheduled Tribes, who had joined services
availing reservation, had also been entitled to "consequential
seniority" while deciding promotions.
Passing the order, a division bench comprising Justice S K Singh and
Justice Sabhajeet Yadav observed "it can not be said that by insertion
of concept of consequential seniority the Article 16 (right to
equality of opportunity) of the Constitution of India stands destroyed
and abrogated."
The order came while dismissing the writ petition of Mukund Kumar
Srivastava, an executive engineer in rural engineering, who had
challenged Rule 8-A of the UP government service seniority rules,
1991, whereby entitlement of consequential seniority had been
introduced.
The court ruled "we are of the opinion that Rule 8-A has merely
effectuated the provisions contained under Article 16 (4A)) of the
Constitution of India, whereby benefit of consequential seniority has
been given to the members of the SC/ST due to reservation in promotion
by obliterating the concept of catch-up rule of seniority."
The court also turned down the petitioner''s prayer for declaring the
aforesaid Rule as ultra vires of the Constitution, but said he could
place the claim of his own promotion before the UP Public Service
Tribunal.
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