http://timesofindia.indiatimes.com/india/Reservation-in-promotion-Contempt-notice-to-Rajasthan-chief-secretary/articleshow/6853454.cms
Reservation in promotion: Contempt notice to Rajasthan chief secretary
Abhinav Sharma, TNN, Nov 1, 2010, 07.16pm IST
JAIPUR: Rajasthan High Court on Monday issued show cause notices to
chief secretary and secretary, department of personal, for allegedly
advancing consequential seniority to SC and ST candidates in as many
as 110 services of the state including RAS despite the pendency of
litigation in the court.
The order came on a contempt petition filed by All India Equity Forum.
"It was alleged by the petitioner that a division bench of high court
has quashed two notifications by which the various service rules
including those of RAS were modified to adjust the candidates of SC
and ST in promotions over and above the available seniors candidates
from general category. In an appeal by the state government, the
Supreme court has heard the matter and reserved the final judgment on
August 4, this year but still the government has issued promotion
lists in various departments without waiting for the outcome of the
orders of court, which amounts to contempt of the court," said Shobit
Tiwari, counsel for the petitioner.
It was contented by the petitioner forum that since the order of the
high court is still operational and there is no authority with the
government to have issued promotion lists in various departments till
the issue has been finally settled by the apex court, the lists so
issued are devoid of legal sanctity and undermine the authority of
justice. It is noteworthy that the high court in February this year
while dealing with as many as 18 writ petitions has held that, "the
state government could not have amended the various service rules on
the basis of 85th constitutional amendment to provide consequential
seniority to SC and ST RAS officers as the same was enabling provision
particularly without conducting any survey to ascertain backwardness
of the candidates, inadequate representation of his cast in service,
and that such promotion of his would not cause any effect on the
overall efficiency of the general administration."
Taking congnizance of the fact that the special leave petition filed
by the state itself is pending for final orders by the Supreme Court,
and no survey as held by high court previously has still been
conducted by the state government, the court issued notices to chief
secretary and secretary, DOP to respond to the contempt petition
within a period of ten days.
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