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Tripura Govt Employees promotion case’s final verdict on August 10 : SC says ‘State made rules needs to prove SC/ STs are really backward in that society’
TIWN May 1, 2017
Tripura Govt Employees promotion case’s final verdict on August 10 : SC says ‘State made rules needs to prove SC/ STs are really backward in that society’
PHOTO : TIWN

AGARTALA, May 1 (TIWN): It is almost impossible to put valid reasons behind SC/ ST promotion in Tripura as Supreme Court recently said that a state is not bound to promote SC / ST. If the State wishes to exercise the discretion and make such provision, it has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance with Article 335. According to Article 335 of the Constitution, the claims of SC and ST members for appointments in government services have to be taken into consideration consistently with the maintenance of efficiency of administration. Earlier, the Supreme Court admitted a contempt petition against the Tripura government for violating its stay directive regarding reservation in promotion in government jobs while deciding to dispose of the case on August 10 in the final hearing.A division bench, comprising Justice L. Nageshwar Rao and Justice Sharad Bobde, admitted the contempt petition of General Officers' Association of Tripura and issued notice to the state government and all others involved in the case.

The general officers association had been fighting against 'gross irregularities' in reservation in the promotion case for a long time in the apex court when the state government appealed against the high court order.

The association alleged that the biggest manipulation had taken place in the compilation of data on representation of depressed communities in administration and promotion posts and a commission constituted by the state government in a very partisan manner grossly manipulated the data which was submitted to the Supreme Court.

The case had been lingering for two years after the full bench of Tripura High Court, headed by then chief justice Deepak Kumar Gupta, had nullified the state government's reservation in promotion policy in 2015.Recently, when the case was pending in the Supreme Court and it directed the state to maintain status quo in the case, the Left Front government promoted a large number of Tripura Civil Service officers following the previous system, arguing that the high court and the Raj Bhawan had promoted some employees.

The association filed two contempt cases against the state in the SC urging it to settle the case on a priority basis, as a large number of general category employees had been deprived of service benefits and promotion due to the state's 'partisan' attitude.

It’s to be mentioned that Tripura High Court on November 2014 led by Chief Justice Dipak Gupta declared that the claims against Tripura govt. had brought were valid enough. In the judgment it was written that “The petitioners who belong to the general category claim that they have been deprived of the right to equality as the State has granted promotions to the reserved category candidates in total violation of the law laid down by the Apex Court in M. Nagaraj and others vs. Union of India and others”.  “The Act and rules framed by the State are unconstitutional and illegal as they violate the law laid down by the WP(C) 189 of 2011; WP(C) 109 of 2011; WP(C) 124 of 2012. Page 7 of 78 7 Apex Court. It is also submitted that the State without collecting or considering the relevant and requisite quantifiable data, cadre-wise as required by law has granted reservation in promotion to the reserved categories”.

Thus HC on its hearing also said that state govt had followed none of the codes and conducts of the promotion act had been maintained by govt. while promoting the officers. But challenging the HC although Tripura Govt had attempted to save the promoted SC / STs, but it can bring mass demotion to them and also massive embarrassments.

Recently in a similar case Karnataka Govt had lost in SC that caused mass demontion of Govt officers. 

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