HC upholds provision in UP service rules for SC/ST

HC upholds provision in UP service rules for SC/ST

The Allahabad High Court today upheld a provision of government service rules in Uttar Pradesh whereby Scheduled Castes and Scheduled Tribes, who had joined services availing reservation, had also been entitled to “consequential seniority” while deciding promotions.

Passing the order, a division bench comprising Justice S K Singh and Justice Sabhajeet Yadav observed “it can not be said that by insertion of concept of consequential seniority the Article 16 (right to equality of opportunity) of the Constitution of India stands destroyed and abrogated.”

The order came while dismissing the writ petition of Mukund Kumar Srivastava, an executive engineer in rural engineering, who had challenged Rule 8-A of the UP government service seniority rules, 1991, whereby entitlement of consequential seniority had been introduced.

-PTI-

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2 thoughts on “HC upholds provision in UP service rules for SC/ST”

  1. Dear All,
    It is very unfair to withdraw the reservation in promotion. The current scenario of SC/ ST employees is not in position to apply this change. One point that I would like to raise is that there are very few officers at senior position from this community. The senior officers from other community are rarely honest in making the entries of CR of SC/ ST employees. However this could be compensated by the reservation in promotion. Since a muslim judge has been included to the bench of Ayodhya Verdict then why not a judge is included from SC/ ST communities in all the cases related to these communities.
    I hope you all will consider these issues and favour reservation in promotion.

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