Belagavi: The state government moved closer to circumventing the Supreme Court order asking it to demote SC/ST employees awarded consequential seniority in promotions since 1978 with the Legislative Assembly passing the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Bill, 2017, on Friday.
Tabling the Bill, Law and Parliamentary Affairs Minister, T. B. Jayachandra said the government had consulted the Law Commission, retired Chief Justice of India, T. S. Thakur and retired Supreme Court judge, V. Gopal Gowda and they had unequivocally supported its decision to introduce it to protect the state's SC / ST employees. "We have also incorporated their recommendations and so are very positive about the Bill standing the scrutiny of law," he added.
The Bill clearly lays down that, "No suit or proceedings shall be maintained or continued in any court or tribunal for the review of any said promotions contrary to the provisions of the Act, and no court shall enforce any decree or order to direct the review of any such cases contrary to the provisions of this Act."It also explains that its intention is to maintain the promotions made in accordance with the government order of April 27, 1978 and speaks of a revised promotions' list as mandated by the Supreme Court in its order of February 9, 2017 suggesting that future promotions will continue in the format prescribed by the state. As for existing promotions, the Bill says the state government can create supernumerary posts to accommodate them.
But lashing out at the government for its "delayed response", leader of the opposition, Jagadish Shettar charged that it was taking this route only to please its vote bank.
"This problem has existed since 2006, but the government wasted almost nine months just to constitute a committee headed by ACS, Ratna Prabha, while failing to present proper arguments before the Supreme Court. And now it is only trying to give lip sympathy to those affected, " he said.
Denying his charges, Mr Jayachandra said opposition parties were in power since 2006 and the Congress had entered the scene only in 2013.
