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Showing contexts for: Accelerated seniority in Prem Kumar Verma And Others vs State Of Haryana on 7 August, 2012Matching Fragments
Petitioners have approached this Court with a prayer for issuance of a writ of certiorari for quashing the instructions dated 16.03.2006 (Annexure P-8), vide which the State of Haryana has granted 'accelerated seniority' to the scheduled caste category employees in violation of Article 16 of the Constitution of India and the law as laid down by the Supreme Court in M. Nagaraj vs. Union of India, (2006) 8 SCC 212. Prayer has also been made for quashing the orders dated 16.09.2010 (Annexure P-5) and 17.09.2010 (Annexure P-6), vide which the claim of the petitioners for stepping up of their pay at par with their junior scheduled caste category employee Sh. Amar Singh stands rejected.
Hon'ble Supreme Court has considered similar decision, as in the present case, taken by the State of U.P. where benefit of accelerated seniority was granted in the cases of U.P. Power Corporation Ltd. Vs. Rajesh and others, JT 2012 (4) SC 459 and struck it down. In Suraj Bhan Meena and another vs. State of Rajasthan and others, 2011 (2) SCT 260, the decision of the State of Rajasthan for granting accelerated seniority to the reserved category employees, who have been promoted as a consequence of reservation policy, was struck down on the ground of non-compliance of the mandate of the Supreme Court in the case of M. Nagaraj (supra). He, on this basis, contends that the writ petition deserves to be allowed and the impugned orders/notifications deserve to be quashed.
Counsel for the respondents could not, on the basis of the written statement filed by the respondents, indicate as to any exercise taken out by the respondents which would fulfil the mandate of the Supreme Court with regard to the grant of accelerated seniority to the reserved category employees. Nothing has been mentioned in the reply which would show that any data was collected or any survey done which would show backwardness of the class and inadequacy of representation in public employment in addition to compliance with Article 335 of the Constitution of India to justify the grant of benefit of accelerated seniority to the scheduled caste employees as enabled by the Constitution in Article 16 (4-A). A fervent effort was made by her to contend that once the principle of reservation was made applicable to the spectrum of promotion, no fresh exercise is necessary nor it is required as the benefit of reservation has been given by the respondents after taking that into consideration. The efficiency of the service will also not be jeopardized in any manner. She, accordingly, states that the decision of the Government, which is reflected in the instructions dated 16.03.2006 (Annexure P-8), is in consonance with the constitutional mandate and the consequential orders rejecting the claim of the petitioners deserve to be upheld.
3. In the wake of the above enabling provision, after careful consideration of the matter, it has been decided by the State Government that the Scheduled Castes employees will be entitled to "accelerated seniority" as a consequence of promotions under the reservation policy.
4. This decision shall come into force with immediate effect and shall have prospective effect only.
These instructions should be brought to the notice of all concerned for being adhered to strictly." A perusal of these paras would indicate that the decision was taken by the State Government on consideration of the matter that there is an enabling provision provided now under the Constitution and, therefore, the scheduled caste employees will be entitled to accelerated seniority as a consequence of promotions under the reservation policy. This would not fulfil the mandate of law as laid down by the Supreme Court in Nagaraj's case (supra) for a decision of the State to be valid. Similar situation had cropped up before the Supreme Court in the case of Suraj Bhan Meena (supra), where the Supreme Court had proceeded to quash the decision so taken by the Government of Rajasthan providing accelerated seniority to the promoted scheduled caste employees who had taken the benefit of reservation.