In an effort to speed up presidential assent for the much-debated reservation in promotions Bill, Leader of the Congress in the Lok Sabha M. Mallikarjun Kharge has urged Union Home Minister Rajnath Singh to use his “good offices” to get the approval of President Ramnath Kovind for the Bill at the earliest.
The approval of the Bill, which allows for reservation in promotions for employees belonging to the Scheduled Castes/Scheduled Tribes — will be in the interest of 50,000 employees in Karnataka, he has said in his letter.
The Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the posts in the civil services of the State) Bill, 2017, was unanimously passed by both the Houses of the legislature in November 2017.
While the Supreme Court, in February 2017, had termed section 3 and 4 of the Karnataka Act as ultra vires on the grounds that a proper exercise of determining “inadequacy of representation, backwardness and overall efficiency” was a must in redrawing the seniority list, the government-constituted committee under the Additional Chief Secretary had demonstrated that overall efficiency in administration had not been affected by providing reservation in promotions with consequential seniority.
Quoting from the committee’s report, Mr. Kharge has pointed out that after providing reservation in promotions with consequential seniority, the government could reach only 10.65% and 2.92% of the targeted reservation of 15% and 3%, respectively, for SCs and STs.
Mr. Kharge has said that the since the Governor has decided to reserve the matter for consideration of the President, the Bill has reached the Ministry of Home Affairs. “In view of the facts mentioned above, I request your good self to kindly look into this matter personally and use your good offices in the getting the approval,” he said.
Meanwhile, Shivaprakash, president of the KPTCL General Category Association, which is one of the petitioners in the Supreme Court, said they would bring to the notice of the Supreme Court, when the contempt petition comes up for hearing in the last week of January, the developments in the last few months.
“Several developments, including the promulgation of the Ordinance and subsequent introduction of Bill in the legislature have taken place after the government gave an undertaking to release the final seniority list. All these will be brought to the court’s notice. The court had extended time to revise seniority list till November 30 and further consequential action to be completed before January 15 after the State government sought time.”
Other ministries' views sought
Meanwhile, sources in the Department of Personnel and Administrative Reforms said the Union Home Ministry has started consultation with other ministries and has sought their opinions. The Bill has been referred to the Ministries of Social Justice, Law, and Personnel and Training besides the Home Ministry itself. “These departments are yet to provide their opinion to the MHA before it is referred to the President’s office,” sources said, and added that those who are opposed to the Bill and those supporting it are bringing pressure on the respective departments to give opinions in their favour.
