from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under ... Scheduled Castes and Scheduled Tribes in matters of promotion, with consequential seniority, to any class. The phrase 'in situations of promotion to any class
from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under ... Scheduled Castes and Scheduled Tribes in matters of promotion, with consequential seniority, to any class. The phrase 'in situations of promotion to any class
Constitution retrospectively
from 17.6.1995 providing reservation in promotion with
consequential seniority as being unconstitutional and
violative of the basic structure. According to the
petitioners ... connotes "accelerated promotion" so as not to
include consequential seniority. Petitioners say that by
attaching consequential seniority to the accelerated
promotion, the impugned
reservation in promotion for the
Scheduled Castes and Scheduled Tribes with consequential seniority as
engrafted under Articles 16(4A) and 16(4B) and the facet ... Article 16 rather the
concept of catch up rule and consequential seniority are
judicially evolved concepts to control the extent of
reservation. The source
promotion to any class", the words "in matters of promotion, with consequential seniority, to any class" shall be substituted. [The primary goal of the Constitution ... Scheduled Castes and Scheduled Tribes in matters of promotion, with consequential seniority, to any class. The phrase 'in situations of promotion to any class
seniority is automatically accelerated at an unprecedented
rate and as on 1-4-2004 his seniority rank as ADE is 150 and seniority ... will not affect financial benefits already taken. Consequential
promotions granted to serving employees, based on consequential seniority
benefit, will be treated
Rules by the Notification dated 25.4.2008,
which amounted to giving a consequential seniority
to candidates belonging to the Scheduled Castes and
Scheduled Tribes, which could ... 85th Amendment)
Act, 2001 , in order to give the benefit of
consequential seniority to the reserved category
candidates with effect from 17.6.1995. The
constitutional validity
from making any provision for reservation in
matters of promotion, with consequential
seniority, to any class or classes of posts in the
services under ... Constitution retrospectively from 17-6-1995
providing reservation in promotion with
consequential seniority as being unconstitutional
and violative of the basic structure. According
cases is to the validity of the
Karnataka Extension of Consequential Seniority to Government Servants
Promoted on the Basis of Reservation (to the Posts ... words, seniority would be governed by the inter se seniority in the cadre from
which candidates were promoted. For candidates promoted by selection,
seniority would
operation cocoon and therefore, seniority is consequential one and there is no legal embargo to give consequential seniority to the accelerated promotees who got their ... stage accelerated promotion granted carries with its seniority also and the seniority is consequential to the accelerated promotion.
20. Learned Advocate General submitted that Rule
