Thursday, August 25, 2011

[ZESTCaste] Plea Against Reservation for SC/ST in Jobs Dismissed

Plea Against Reservation for SC/ST in Jobs Dismissed
PTI | Madurai | Aug 24, 2011

The Madras High Court Bench here today dismissed a writ petition
against a circular issued by the Central government to banks that
provided for reservation /concession for Scheduled Caste, Tribal and
Other Backward Class people in the absorption of temporary employees
in jobs such as messengers/sweepers.

Justice S Manikumar dismissed the petition filed by S Valayapathy,
Executive Member of the All India Indian Overseas Bank SC/ST Employees
Welfare Association.

"It is unfortunate that the petitioner himself, being the Joint
Secretary of the Central and State government SC/ST Employees Welfare
Association also, had chosen to file the writ petition" (and attempted
to prevent others getting employment), he said.

Justice Manikumar also ruled that the petitioner had no locus standi
to file the writ petition as he had not been personally affected by
the impugned order nor had his fundamental rights been directly or
substantially invaded.

The contention of the petitioner that his promotion would be affected
if temporary workers, who belonged to SC/ST and OBC category were
absorbed as employees in jobs such as messengers and sweepers, "was
misconceived," he added.

"The temporary workers being absorbed are not going to be stumbling
blocks for the petitioner to go up the ladder as per the regulation.
They are lower level posts. To say that they would affect the
petitioner's chance of promotion is not right," he said.

Besides, chances of promotion was well settled in law and was not a
right that could be enforced in a court of law, Justice Manikumar

The impugned circular was issued on Feb 17 of this year. The
petitioner had said he joined as a typist and was now a clerk and if
the recruitment was made through the impugned circular then it would
block his entire promotion avenue.
Filed On: Aug 24, 2011 23:30 IST

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