http://timesofindia.indiatimes.com/india/Quota-in-promotions-for-Rajasthan-SC/ST-quashed/articleshow/7063231.cms
Quota in promotions for Rajasthan SC/ST quashed
Bhanu Pratap Singh, TNN, Dec 8, 2010, 06.46am IST
JAIPUR: The Rajasthan government's officers and employees belonging to
the SC/ST categories would be unable to enjoy benefits of
"consequential seniority" in promotions provided by the 85th
constitutional amendment.
The Supreme Court on Tuesday dismissed appeals by the Rajasthan
government and upheld a high court verdict which took away the benefit
from the reserved category personnel by striking down two state
notifications issued in February this year.
The notifications were quashed when the state admitted in court that
it had failed to fulfill the conditions laid down by the apex court in
the M Nagraj case for providing the consequential seniority benefits
to the SC/ST category candidates. The bench of Justices Altamas Kabir
and A K Patnaik, while dismissing the six special leave petitions
(SLPs) of the Rajasthan government and some of the aggrieved SC/ST
category officers, observed that HC rightly struck down the
notifications of December 28, 2002 and April 25, 2008.
"As per the Nagraj case judgment, government was required to establish
through data that reserved categories were inadequately represented in
its services," said senior advocate ML Lahoti.
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