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SC/ST staff plea to provide quota dismissed
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March 4th, 2010
By DC Correspondent , DC Correspondent
Mar. 3: The Madras high court has held that the SC/ST candidates
cannot claim it as a matter of right to provide reservation in
promotion to a particular post.
Justice K. Chandru dismissed the petition filed by Madras Refineries
SC/ST employees welfare association (now Chennai Petroleum Corporation
Limited), Manali, seeking to quash the proceedings dated January 29,
2010 and consequently direct the CPCL to earmark two posts of General
Manager to be filled up by promotion from among the SC/ST candidates.
According to petitioner, when the vacancies arose, petitioner
association sent a representation dated January 11 asking the CPCL
whether reservation was made for filling up the post of GM. In its
reply dated January 29, the CPCL negatived their claim. Hence it filed
the present petition.
The judge said Article 16 (4) of the Constitution providing for
reservation in promotion was an enabling provision. It was for the
state to make appropriate Rules consistent with Article 16 (4) and 16
(4-A) and Article 335 to make appropriate Rules by grant of due
representation in various posts.If the state wants to make a
provision, it was to collect quantifiable data showing backwardness of
the class, inadequacy of representation of that class in public
employment and mandatory compliance with Article 335 of the
Constitution.
* Hearing transfered in MP assault case
The Madras high court on Wednesday ordered the transfer of the hearing
on the anticipatory and bail petitions filed by some of the accused
allegedly involved in the assault on AIADMK MP O.S. Manian, from
Nagapattinam district sessions court to Thanjavur sessions court.
Justice R. Regupathy ordered the transfer on a petition filed by
Manian, seeking to transfer the petitions from Nagapattinam district
judge, against whom some corruption charges were alleged, to some
other court.
The judge said the petitions were directed to be transferred to the
court of sessions at Thanjavur and the Thanjavur court was directed to
dispose of the petitions on merits in accordance with law without any
delay. According to Manian, Palaniappan and his men assaulted him at a
marriage function on January 28 at Nagapattinam district and he gave a
complaint. The Madras high court had dismissed the anticipatory bail
petitions filed by three accused in the case.
The then Nagapattinam sessions judge M Lakshminarayanan also dismissed
the anticipatory petition of Palaniappan and bail petitions of his
men. Subsequently, Lakshminarayanan went on leave and Mr Chandrasekar,
Thiruvarur district judge, took additional charge of Nagapattinam
district sessions court. Mr Chandrasekar was facing several
allegations and enquiries were pending before this court.
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