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Supreme Court judgement on reservation in promotion sc st Castes 2019

Today SC order govt employees of the SC / ST category will get the
reservation in legally promotion. The Supreme Court on Tuesday issued the
order saying that the government should continue the reservation in the
promotion, until the constitutional bench in this case could not reach any
conclusion. However, the Court did not specify which law to be followed for it.
Explain that the Central Government has challenged the decision to cancel
the reservation in the promotion of Delhi High Court. Union Minister Ram
Vilas Paswan had said that this matter should be appealed in the Supreme
Court

Court said – Promotion should be given in legal manner

– The verdict of the Supreme Court is hearing the petition on the Central Government’s petition. This includes Justice Prem Kumar Goyal and Justice Ashok Bhushan.

– On behalf of the government, it was said that due to the decisions of the High Court on reservation in the promotion, they are bound to do so.
Additional Solicitor General Maninder Singh told the bench, “I am a government and should give reservation to my employees.”

On this, the court said that the promotion should be given in legal manner. We do not want to tell what law should be there for it. Further constitutional bench will decide on this.

– Then the ASG told that the Supreme Court decision can be implemented in
the 2006 M Nagraj case for promotions in government jobs. It was stated that
the creamy layer rules will not be applicable to the promotion of SC / ST
employees in government jobs. There are two more cases, one of which was
the Indra Sahni versus the Central Government (the decision of the Mandal
Commission) of 1992 and the second was the 2005 E.V. Chinnayya versus the
Andhra Pradesh government. They were settled with creamy layers in OBC.

The High Court had canceled the memorandum of DOPT

– Akhil Bharatiya Samanta Parishad, along with other people, challenged that
memorandum of DOPT of August 13, 1997 in the Delhi High Court. In this, the
department had said that the Supreme Court has upheld the benet of
reservation in the promotion of SC / ST in Indira Sahni case for the next ve
years from November 16, 1992, and all the ministries and other public sector
and statutory bodies continued even after 1997. Can keep

– On August 23, 2017, the High Court canceled the memorandum in the verdict
saying that whatever decision the Supreme Court has in the case of Indira
Sahni or Nagraj, it is clear from all that SC / ST has prepared the gure of
representation at the rst sight. It is wrong to look back as backward on the
basis of improper representation. It violates Article 16 (1) and 335 of the
Constitution. The government can not close the eyes and give reservation in
the promotion.

Constitutional bench will hear cases related to promotions

On November 15, 2017, the bench of three judges of the Supreme Court was
convinced that the 11-year-old Nagraj case should be re-considered. After this,
the decision to send the cases related to the promotion to the constitutional
bench for hearing was taken. Now the Constitutional Bench will also hear the
petition of the Center along with all the pending cases related to the
promotion.

Paswan had said – will go to the Supreme Court for promotion

In April this year, Union Minister Ram Vilas Paswan had said that keeping in
mind the interests of Dalits, the government will appeal in the Supreme Court
for reservation in promotions. So that they get the benet of it

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