85th
Constitutional amendment which introduced the phrase "with
consequential seniority" was validated by the Hon'ble Supreme Court
in M. Nagaraj ... senior in General
Category because of reservation would also get consequential
seniority in the promotion post. The Hon'ble Supreme Court held that
Scheduled
petitioner is based upon the 85th
Constitutional Amendment for 'consequential seniority' from the date of
accelerated promotion against the roster vacancy. To substantiate ... provision has been
made by the State for granting 'consequential seniority' to the roster
promottees of the reserved category candidates. After Court
fifth Amendment) Act, 2001 , so as to restore
the benefit of consequential seniority to the reserved categories
w.e.f. 17.6.1995. The 77th and 85th ... concept of the 'catch-up'
rule and 'consequential seniority' are not constitutional
requirements or limitations. They are judicially evolved concepts
from
making any provision for reservation in matter of
promotion with consequential seniority, to any class or
classes of posts in the services under ... from
making any provision for reservation in matters of
promotion with consequential seniority, to any class or
classes of posts in the services under
Indira Sawhney.
The 85th Amendment introduced the words 'with consequential seniority' in
newly introduced Article 16 (4A) to remove the basis of Ajit ... above "catch-up" rule and the concept of
"consequential seniority" are constitutional requirements of
Article 16 and of equality
already
exceeded or would exceed on account of his promotion
on seniority-cum-merit.
(ix) The Roster Points as already allocated by Government ... loss of inter-
se seniority.
(xi) This benefit will be without consequential seniority in
the promotional post.
(xii) This benefit will not be admissible
Government to frame rules in respect of reservation in
promotion with consequential seniority, but in case the State
Government wanted to frame such rules ... State
Government, the rule relating to reservation in promotion
with consequential seniority could not be introduced."
40. In the said case, the State Government
decided to give 20 per cent reservation in promotion
with consequential seniority to the officials from these categories of
employees in Class III and Class ... Haryana have decided to give 20%
reservation in promotion with consequential seniority to Scheduled Caste
category employees in Class III and Class IV posts with
policy to grant the benefit of reservation in
promotion with consequential seniority to the members of
the Scheduled Caste and Scheduled Tribe in terms ... formulate a policy to grant benefit
of reservation in promotion with consequential seniority to
the members of SCs/ STs is not appropriate
Government to frame Rules in respect of
reservation in promotion with consequential seniority,
but in case the State Government wanted to frame such
Rules ... relating to reservation in promotion with consequential
seniority could not be introduced.
Still further in U.P. Power Corporation Limited
Versus Rajesh and others
