By Express News Service
21 Dec 2009 02:58:00 AM IST
Dalits welcome HC's quota verdict
CHENNAI: The recent judgment of the Madras High Court reaffirming
reservations in promotion for SCs/STs in Central Government services
till the level of General Manager has gladdened the hearts of the many
who had for long been deprived of this benefit.
Even though this was a constitutional right granted to them by Article
16 (4-A) of the 77th Constitutional Amendment Act 1995, this was not
implemented anywhere in India.
Justice Elipe Dharma Rao passed this judgment on December 9 on a
petition filed by E Kandeeban, Employee of Union Bank of India, in
1997 and along with SC/ST unions of four other banks (UCO Bank, Canara
Bank, Syndicate Bank and Central Bank). This is a long-drawn battle of
12 years with appeals and writs. Even when the Constitution bench of
the Supreme Court upheld the validity of Article 16(A-4) in 2006, it
remained only on paper.
The government had failed to implement the ruling by passing an office
memorandum to this effect.
Speaking at the meeting of the All India Confederation of SC/ST
Organization - Tamil Nadu Branch, Kanbeedan, a petitioner in this case
said, "At present reservation in promotion for SCs/STs is only from
peon to clerk and to entry level officer. Now this judgement takes the
reservation in promotion till scale 7, that it is up General Manager
(GM) in any government organization that includes both State and
Central government."
Christu Das Gandhi, IAS, Chairman of Tamil Nadu Energy Development
Agency (TEDA), and also a vocal voice for Dalits, said, "All this
while those who were supposed to implement were citing the 1991 Mandal
judgment that reservation for SC/ST ends with appointment and Article
16(4-A) is only an enabling Article not a mandatory provision, but
this judgment categorically changes all that, making it mandatory."
Though statistics were not available there were scores of Scheduled
Caste/Scheduled Tribe vacancies kept unfilled in all sectors, was the
strong voice that emerged at the meeting.
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without office memorandam the reservation for sc/st officers in bank will not be implemented by respective banks. sc/st associations has to take steps to press goi for early implementation. Too many schemes introduced for the development and they are not implemented properly is the reason for under development of society. the sc/st population constitutes more than 30 % of indian population and if there is development in sc/st socity will stimulate the countrys development
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