Wednesday, June 1, 2011

[ZESTCaste] HC debars SC/ST officials from writing juniors' ACR

HC debars SC/ST officials from writing juniors' ACR
TNN | Jun 1, 2011, 04.15am IST

JAIPUR: State government officers belonging to scheduled castes (SC)
and scheduled tribes (ST) likely to be reverted in light of a Supreme
Court order that disapproved of their promotions on basis of quota
have been temporarily debarred by the Rajasthan high court from
writing the annual confidential reports of their subordinates.

The order came on a bunch of petitions filed by one Rajeev Garg of the
state public works department and others. The petitions were based on
a Supreme Court order of December 7, 2010 that conditionally denied
the benefit of reservation in promotions to state government SC/ST

The SC had last year upheld a Rajasthan HC order striking down the
state government's notifications to grant reservation in promotions
and consequential seniority to SC/ST employees, the petitioners
informed the court.

It was argued before the single bench of justice M N Bhandari that the
February 5, 2010 HC order categorically held that no reservation was
permissible in promotions in the state services since the Rajasthan
government had failed to fulfill the conditions laid down by the
Supreme Court in the M Nagraj Case judgment on the Constitutional
provision of reservation in promotions in October 2006. The HC also
struck down the state government's notifications of December 28, 2002
and April 25, 2008. The state government then filed a special leave
petition against the HC order, but the Supreme Court dismissed the
government appeal on December 7, 2010.

The petitioners argued that the reserved category officials who had
been promoted before December 7, 2010 in the PWD and other departments
were now due to be reverted back. "The officials who are to be
reverted to lower ranks are still writing the annual confidential
reports of the general category employees and are now doing so with
malice to spoil the future prospects of the general employees. Such
reserved category officials ought to be prohibited from writing the
annual reports of their subordinates," the petitioners told the bench.

After hearing the petitions, Justice Bhandari directed the department
of personnel as well as chief engineer of the public works department
to ensure that no reserved categories officials who are likely to be
reverted from their present posts are allowed to write the annual
confidential reports of their subordinates.

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