DNA | Last Modified - Jun 01, 2011, 06:02 AM IST
Jaipur: In an important decision, the Rajasthan high court on Tuesday restricted the reserved category officials, who have been promoted through reservation, from filling in the annual confidential report (ACR) of their junior general category officials of the state government. Court has also issued a show cause notice to principal secretary, department of personnel, principal secretary PWD and chief engineer of the PWD.
The court made the decision following a petition filed by Rajeev Garg, a PWD employee and Samta Anodolan Samiti and others. During the court proceedings it was told that the Supreme Court (SC) in December last year quashed the Rajasthan government's notification, which provided reservation in promotion to SC/ST officers in government service. Since then, the government employees of non-reserved category have been demanding the state government to implement the apex court's order.
Shobhit Tiwari, the petitioners counsel, said that state government is deliberately delaying the implementation of SC orders that is why it has constituted Bhatanagar Committee to probe into the issue.
The unnecessary delay is now creating situation of mutual hatred between the officials of reserved category and general category, the counsel stated. It was said that despite being junior, the official of reserved category supersedes the general category officials due to reservation benefits in promotions. In the petition it has been alleged that the reserved category officials file confidential reports with mala fide intentions so that general category officials fail to avail the benefits of the Supreme Court order. Considering the arguments, the high court restricted the officials of reserved category, who have been promoted through reservation quota, from filling the annual confidential report (ACR) of their junior general category officials who were initially at par with them.
According to Mission 72, the umbrella organisation of government employees from general, OBC and minority categories, the Supreme Court has clearly stated in its judgment that the state government was under no compulsion to adhere to the 85th Amendment that provided consequential seniority in promotions. The state government also has to fulfill three conditions laid down by the apex court in the M Nagraj case for providing the consequential seniority benefits to the Schedule Castes and Scheduled Tribes (SC/ST) category candidates including acquiring quantifiable data regarding the inadequacy of representation of the SC/ST communities in public services and whether it would affect the efficiency or not in governance.