The Supreme Court on Tuesday denied the Karnataka government six months to implement its February 9, 2017, judgment to revise the promotion list of employees after invalidation of a law granting reservation in promotion to Scheduled Caste and Scheduled Tribe employees.
A Bench headed by A.K. Goel gave the State a month to set the record straight after senior advocate Mukul Rohatgi, on behalf of the State, submitted the revised seniority list of departments. “If the directions are not complied with, the Chief Secretary has to appear personally before the court on April 25,” Justice Goel said.
The court was hearing a petition seeking contempt action against the State authorities.
The court also brushed aside arguments made by the State that status quo should be maintained as the validity of the M. Nagaraj verdict of 2006, which formed the basis of the February 9 verdict, was recently referred to a Constitution Bench. The apex court observed that mere reference of the Nagaraj judgment to the Constitution Bench “does not put a cloud of suspicion on our judgment”.
Senior advocate Rajiv Dhavan, appearing for the aggrieved employees whose promotions have been put on hold, contended that there was “undoubted lassitude” on the part of the State. “Please summon the Chief Secretary and the MD of power corporations... everything will be done,” he said.
Mr. Dhawan said the forthcoming State Assembly elections were also a cause for the government to drag its feet. Mr. Rohatgi sought an adjournment till July.
In January this year, the Supreme Court slammed the State government for not complying with its February 9 judgment.
In its judgment, the court had held that the “exercise for determining inadequacy of representation, backwardness, and overall efficiency is a must before a State decides to provide reservation with consequential seniority under Article 16 (4A) of the Constitution for SC/ST persons in government service”. It had then given Karnataka three months to revise its seniority list.
However, the State responded by passing the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (To posts in the Civil Services of the State) Bill, 2017. This Bill is awaiting the President’s assent.
