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Supreme Court did not permit Centre to fill up 1.3 lakh posts by ‘ad hoc’ promotions, as the government claimed “ the governance has become virtually impossible ”

 

 

 

New Delhi, July 23, 2020: The Supreme Court on Wednesday did not permit the Centre to fill up 1.3 lakh posts by making ‘ad hoc’ promotions, as the government claimed that “the governance has become virtually impossible.”

 

The Supreme Court Bench headed by Chief Justice of India (CJI) SA Bobde said the court is not going to either modify its April 2019 order or issue any clarification till the matters relating to reservation in promotion for SC/STs are finally heard. Though, the government tried to persuade the SC for permitting ad hoc promotions for the time being.

 

The Supreme Court Bench told Attorney General KK Venugopal that “We will not pass any order on this IA (interlocutory application) right now. We will fix these matters for final hearing after four weeks and then we will see.”

 

The Attorney General KK Venugopal, Centre's top law officer, on his part, tried to persuade the bench for permitting the government go ahead with ad hoc promotions for the time being.

 

“The governance has become virtually impossible. Total number of vacancies as on January 31, 2020 is more than 1.3 lakh. More than 1.3 lakh promotions are held up in 23 departments of the Central government. Please allow ad hoc promotions to be made. It is impossible to carry out governance like this,” Venugopal submitted.

 

He added that these promotions will be given to candidates belonging to general as well as reserved category candidates purely on the basis of seniority and without creating any equity or rights in their favour.

 

The Attorney General Venugopal said that the order of ‘status quo’ passed by the bench on April 15, 2019 requires a clarification so that the government could make these temporary promotions in terms of the liberty it had by court orders in 2018 in similar matters.

 

This request by the Attorney General was, however, opposed by senior advocates Rajeev Dhavan and Gopal Sankaranarayanan, who appeared from the other side.

 

The bench had passed the order of status quo in April 2019 when the Centre had come in appeal against a 2017 judgment of the Delhi High Court, which gave it three months to implement the reservation in promotion based on quantifiable data on adequacy of representation of the SC/STs, overall efficiency in administration along with competing considerations of backwardness. The high court order meant mass reversion of promotions to thousands of SC/ST employees between 1997 and 2017, compelling the government to file an appeal.

 

The setback to the Centre has come even as it has sought a reconsideration of the top court’s 2018 verdict, which ruled for applying “creamy layer” principle even for Scheduled Castes/Scheduled Tribes (SC/ST) communities, and held that socially, educationally and economically advanced among them should be excluded from the benefits of reservation in government services.

 

 

 

 

 

 

 

 

 

 

 


News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|


 

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