Parliament on 4.1.2002 amended the
Constitution by the Constitution (85th Amendment)
Act, 2001 , in order to give the benefit of
consequential seniority to the reserved ... validity of the
Constitution (77th Amendment) Act, 1995 and the
Constitution (85th Amendment) Act, 2001 , clarified
9
the position that it would not be necessary
virtue of rule of reservation. Therefore, in pursuance of the 85th Amendment, it has been decided as follows:
(i) (a) SC/ST Govt. servants shall ... been decided vide Boards letter dated 13.1.2005 that since the 85th Amendment Act, 2001 has been made effective from 17.6.1995, promotions
incorporated in the Constitution by way of 77th and 85th Amendment of the
Constitution enabling the State to grant accelerated promotion along with
consequential seniority ... case of M. Nagaraj (supra) that the
Constitution 77th and 85th Amendment of Article 16(4A) merely enables the
State to enforce such constitutional provision
amended Article 16
(4A) by virtue of the Constitutional 85th Amendment Act 2001 reads
as follows :-
"Nothing in this article shall prevent the State ... applicable only upto 17.6.1995, the date from which the 85th
amendment introducing the phrase "with consequential seniority" in
Article
This came into force on June 17, 1995. By the Constitution (85th Amendment) Act, 2001 , the words "in matters of promotion, with consequential seniority ... validity, interpretation, and implementation of the 77th, 81st, 82nd and 85th Constitution Amendment Acts and action taken in pursuance thereof which sought to reverse decisions
Scheduled castes and Scheduled Tribes. In
2001, Parliament approved Constitution (85th Amendment)
Act, permitting promotions with consequential seniority to
government service.
8. On 7th September ... with a view to give effect to the
85th Amendment to the Constitution, the State of Himachal
Pradesh issued instructions vide letter
seniority. Therefore again Article 16 (4A) was amended by the
Constitution (85th Amendment) Act, 2001 with effect from 17.6.1995
providing consequential seniority. Both amendments reads ... this subsequent amendment which came into force by
the Constitution (85th Amendment) Act, 2001 with effect from 17.6.1995,
the candidates who have been given promotion
Supreme Court is "declared law" of the
land. The 85th amendment was upheld by the Hon'ble Supreme Court in
Nagraj ... lower Courts in
the Country. Without challenging the implementation of the 85th amendment or
challenging the judgement in Nagraj 's case, the applicant
Amendment) Act, 1995 [hereafter
referred as "77th Amendment Act"] and the Constitution (Eighty-fifth
Amendment) Act, 2001 [hereafter referred as "85th Amendment ... Article 16 of the
Constitution, which was further amended, via the 85th Amendment Act. In
other words, the amendments in the first instance provided
Catch up Rule to promotions in the light of the 85th amendment of the Constitution of India, in the absence of an exercise ... services under the State. It was further thereafter that the 85th amendment came into being (w.e.f. 17.6.1995) and added clause 4A to Article
