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Violating order and instruction of the Constitution of India and High Court, State Govt followed exceptional method for selected SC/ST promotions ?
TIWN
 Violating order and instruction of the Constitution of India and High Court, State Govt followed exceptional method for selected SC/ST promotions ?
PHOTO : Statistics of reserved category in Tripura Govt as per Govt circular on March 31, 2011

AGARTALA, November 17 (TIWN): The maker of the Constitution of India Dr. B.R. Ambedkar had drafted the reservation category for the minorities for 10 years. So that, in the perspective of socio- economic condition, the minorities can lead the life as such general ones. At the same time, Dr. Ambedkar had also warned that if this process lasts long, then huge amount of black cloud will overcast the whole society. Proving the remark absolutely right, the political parties were playing a dirty politics in the name of reservation. In addition to this, in this sphere, Tripura's CPIM Government is ranking in the to topmost position. Thumbing the nail to Constitution, CPIM Government had created discrimination between general class and reserved category by creating upto 80% reservation for SC/ST and a mere 20% for general in promotions of Govt Depts . But, surprisingly the latest action of Govt has become another blunder which is similar to disobeying the instruction of High Court.

For the up gradation and employment of the backward classes of the society, the Indian Constitution had drafted a rule that includes:-

1. Firstly, The percentage of reservation will not exceeded 50%.

2. Secondly, anyone above the creamy layer will not appeal for reservation.

Besides that merit and seniority list would also be given preference. But the Tripura Government by violating the rule decides the upgradation according to their desire. It is also seen that 80 percent employees belonging to Scheduled Caste (SC) and Scheduled Tribes (ST) are occupying the top most positions in the administration. Inspite of their reservation method, by faulty merit list, they sometimes occupy the position in the general category also.

For example, in the 13th January 2014, 12 candidates are selected in the Secretariat for the upgradation from the grade-IV category officers to Grade-III (Group-B, Gazette) officers. According to the reservation policy, 6 officers should be from Scheduled Caste and Scheduled Tribes category. But most astonishingly, 3 candidates were SC category and 8 from ST that means the reservation for general was only 1. Not only this, on 10th October, the administration had notified that up gradation should be done in 5 (Grade-I (B) and Grade-I (A) post. Out of them 3 were allotted for general category. But when the circular was published, it is seen that all of the 5 post belongs to the SC and ST.

Not only in Secretariat, but in the Tripura Civil Service, Tripura Judicial Service and other top most position, the Government is following their own procedure. They sometimes allotted the SC and ST Candidates in the general posts also, which is completely illegal. That resulted in the 20 percentage allotment of general category.

In order to protest against this, the general category officers and employees organization, namely General Officers and Employees Welfare Society had filed a case in the Guwahati High Court. Inspite of that some TPS, TCS, TGS and IAS Officers had also filed a case separately. Then the division bench of Guwahati High Court had put a stay order in the up gradation process in the year 2012. But, the State Government had turned a deaf ear to this and continues as earlier. In the meantime the Supreme Court had cancelled the reservation method on 13-09-2013. It is to be mentioned here that, the reservation method was already cancelled in many states except Tripura and Himachal Pradesh. But the Himachal Pradesh Government had also cancelled this method in the year 2013. That means reservation policy still now exists only in Tripura.

In view of this, the High Court of Tripura had allotted time for hearing by collaborating all the issues of promotion or up gradation. From 19th-21st November, a division bench consists of four judges will meet to discuss the history. Most probably this is the first time in the history of India that altogether four judges will take decision together. But the Government, on the other hand wills also trying to save from this huge massacre. Chief Minister Manik Sarkar had already instructed the Officers to hoists the victory flag by hook or crook. If necessary, CM had instructed to hire advocates from Supreme Court. Now the question arises whether the Government had enough money to hire advocates from Supreme Court or other illegal measures should be adopted? Let’s see the ball will go to whose court ?

Letter issued by Himachal Govt. citing Supreme Court Guidance (marked in red ) not to allow promotion to SC/ST category as per constitutional guidance. TIWN 

 

 

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