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
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
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
framed rules (Rule 8-A) providing consequential seniority with accelerated promotion. The corporations have likewise adopted the same by amending their rules. On the same ... allowed to frame rules of reservation in promotion with or without consequential seniority with respect to scheduled castes and scheduled tribes persons without undertaking
basis of original date of appointment and that no benefit of consequential seniority to earlier promoted SC/ST employees be allowed. The applicants seek ... promotion by virtue of rule of reservation/roster, be entitled to consequential seniority also; and
b) The above decision shall be effective from 17th June
Annexure-4); to restrain the respondents from providing the consequential seniority to the candidates belonging to the SCs and the STs as the Rajasthan Administrative ... Rule 33 of the RAS Rules talks about giving benefit of consequential seniority then that rule may be declared unconstitutional to the extent it provides
senior general category candidate in the feeder category can claim
consequential seniority in the promotional post; (ii) In the absence of
policy decision taken ... appellants,
his seniority is automatically accelerated at an unprecedented rate and as
on 01.04.2004 his seniority rank as ADE is 150 and seniority
