The Union government says eliminating quota within the promotion may cause unrest
01-04-2022
The centre contended that the policy for reservation is in consonance with the constitution and also the law laid down by the Supreme Court.
The Centre has told the Supreme Court that quashing of reservation in promotion to SC/ST employees in government jobs may result in "employee unrest" and "multiple litigations".
In an affidavit filed in front a bench composed of Justices L Nageswara Rao and B R Gavai, the centre informed it that the policy for reservation is in consonance with the Constitution and also the law laid down by this court.
"If the matter isn’t invitedu, it'd necessitate withdrawal of the advantages of reservation in promotion granted to SC/ST employees. this could result in reversions of SC and ST employees, re-fixation of their salaries including re-fixation of pension of the many employees who may have retired within the meantime, recovery of excess salaries/pension so paid to them. this is able to cause multiple litigations and employee unrest," the centre said.
Defending its policy, the Union of India stated that representation of SCs/STs in government jobs is insufficient and contended that grant of reservation doesn't in any manner hamper the administration.
The administrative efficiency is ensured through the system of Annual Performance Assessment Report which captures assessment of labor output, personal attributes and functional competency of every officer, it said.
The centre further submitted data of 75 ministries and departments under its jurisdiction and said out of 27,55,430 total employees, 4,79,301 are SCs, 2,14,738 are STs and also the number of OBC employees is 4, 57,148.
The court had earlier directed the centre to file an affidavit on the contemporaneous data that's available to the govt together with "application of mind" on data for providing reservation in promotion to SC’s and ST’s in govt jobs.
The court on 28th January had denied to "lay down any yardstick" for granting reservation in promotion to SCs and STs in government jobs, saying determination of their inadequate representation is that the discretion of the State.
It said it's neither legal nor proper for the courts to issue directions or advisory sermons to the chief in respect of the sphere which is exclusively within their domain under the Constitution.
