Allahabad HC quashes order providing reservations in promotions
Lucknow bench of Allahabad High Court has quashed the UP Government order giving promotion to SC/ST employees by changing their seniority rules.
CJ: V K Gupta

Sun, Jan 09, 2011 18:59:36 IST

LUCKNOW BENCH of Allahabad High Court quashed the UP governments order of October 2007 providing reservation in promotions to state employees belonging to scheduled castes and scheduled tribes.

A bench comprising justices Pradip Kant and Rituraj Awasthi pronounced the judgement on writ petition no. 1389(S/B) of 2007 of Prem kumar Singh and others along with more than 4 dozen petitions of General category employees of various boards and corporations. Challenging the 'UP government servants seniority rule 8 A of UP governments Servants seniority list (Third amendment) 2007.The court held that the amendment as invalid, ultra vire and unconstitutional

The court quashed all seniority lists prepared by the various departments by applying rule 8-A and are subject matter of challenge in various writ petitions. This direction will be applicable to all the departments of state Government.

The court has also directed the government and various departments to make fresh seniority lists in accordance with law. However all the promotions already made as per provisions of this amendment shall not be disturbed.

The order further says that "We further clarify that in case the state government decided to provide reservation in promotion to any class or classes of posts in the services under the state, it is free to do so after undertaking the exercise as required under the constitutional provisions, keeping in mind the law laid down in the M Nagaraj case.

The state if desires is free to undertake an exercise to collect quantifiable data with respect to backwardness of class, their inadequate representation in a class or classes of posts.

But till such an exercise is done no reservation in promotion on any post or classes of posts under the services of the state including corporations shall be made henceforth.