Wednesday, June 1, 2011

[ZESTCaste] Reserve-category babus can't decide fate of juniors

Reserve-category babus can't decide fate of juniors
Source: DNA | Last Updated 06:02(01/06/11)

Jaipur: In an important decision, the Rajasthan high court on Tuesday
restricted the reserved category officials, who have been promoted
through reservation, from filling in the annual confidential report
(ACR) of their junior general category officials of the state
government. Court has also issued a show cause notice to principal
secretary, department of personnel, principal secretary PWD and chief
engineer of the PWD.

The court made the decision following a petition filed by Rajeev Garg,
a PWD employee and Samta Anodolan Samiti and others. During the court
proceedings it was told that the Supreme Court (SC) in December last
year quashed the Rajasthan government's notification, which provided
reservation in promotion to SC/ST officers in government service.
Since then, the government employees of non-reserved category have
been demanding the state government to implement the apex court's

Shobhit Tiwari, the petitioners counsel, said that state government is
deliberately delaying the implementation of SC orders that is why it
has constituted Bhatanagar Committee to probe into the issue.

The unnecessary delay is now creating situation of mutual hatred
between the officials of reserved category and general category, the
counsel stated. It was said that despite being junior, the official of
reserved category supersedes the general category officials due to
reservation benefits in promotions. In the petition it has been
alleged that the reserved category officials file confidential reports
with mala fide intentions so that general category officials fail to
avail the benefits of the Supreme Court order. Considering the
arguments, the high court restricted the officials of reserved
category, who have been promoted through reservation quota, from
filling the annual confidential report (ACR) of their junior general
category officials who were initially at par with them.

According to Mission 72, the umbrella organisation of government
employees from general, OBC and minority categories, the Supreme Court
has clearly stated in its judgment that the state government was under
no compulsion to adhere to the 85th Amendment that provided
consequential seniority in promotions. The state government also has
to fulfill three conditions laid down by the apex court in the M
Nagraj case for providing the consequential seniority benefits to the
Schedule Castes and Scheduled Tribes (SC/ST) category candidates
including acquiring quantifiable data regarding the inadequacy of
representation of the SC/ST communities in public services and whether
it would affect the efficiency or not in governance.

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