New Delhi, Jan 18 : The Supreme Court on Monday asked Attorney General K.K. Venugopal to frame issues for decision in the matter connected with the reservation in promotion to the SC/ST employees in different states and in the central government.
The Centre is concerned that on January 31, 2020, more than 1.3 lakh promotions were held up in 23 out of a total of 78 departments. The held-up promotions have caused resentment and financial loss to the employees, it had argued.
The top court is dealing with several cases from different states and the Union government. In this backdrop, the court noted that the issues in the present matter are connected with the application of the court in case of M. Nagaraj vs Union of India (2006) to various promotions.
The Nagaraj judgement had ordered state governments to collect on data on inadequacy of representation and also the consequence on overall efficiency of administration before granting reservation in promotion.
A bench of Chief Justice S.A. Bobde and Justices L. Nageswara Rao and Vineet Saran: “We therefore consider it appropriate and expedient in the interests of justice that the Advocates-on-Record appearing for each state should furnish a note clearly stating the issues involved in that particular state to the learned Attorney General for India within a period of two weeks from today.”
The bench added: “It was accepted by the parties that the promotions which have been made or proposed to be made in several states are in question in these matters. The issues are not common in all the cases which have arisen from several states.”
The bench observed that after such notes are received, the Attorney General may hold a conference of the counsels appearing in the case in all these matters or such number of counsels as he deems appropriate and thereupon finalise the issues for the determination of this court.
“Learned Attorney General for India may prepare a list of such issues along with a reference to the state where they have arisen and the SLP/Civil Appeal No. Such a note may be submitted to this court within a period of four weeks,” said the top court.
Earlier, the top court had refused to consider the Centre’s plea seeking clarification on an order, passed on April 15, 2019, to maintain status quo on reservation in promotion to the SC/ST employees.
Senior advocate Rajeev Dhavan, along with advocate Kumar Parimal, representing general category of employees, objected to the plea for passing any interim order in the matter.
After a detailed hearing in the matter, the apex court ordered listing of these matters after six weeks on receipt of the note from the Attorney General.
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