There is resentment among Generaland other Reserved Categories employees against the move of Punjab Governmentfor allowing Consequential Seniority upon reservation in promotions as per 85thAmendment.
Jaswant Singh Dhaliwal StatePresident in a press statement urged the State Government to discuss the matterwith General Categories Welfare Federation and other stake holders beforetaking any decision.
“It may be mentioned that SupremeCourt in M Nagraj's case laid down the condition to exclude creamy layer ofScheduled Caste employees from the benefit of reservation in promotion. Buttill date even after lapses of more than 14 years, the government has not takenany decision regarding creamy layer”, he said.
He further said that the apexcourt also imposed other conditions in its judgment of 19th October2006 that before fulfilling these conditions, benefit of consequentialseniority upon promotions under reservation cannot be allowed. Supreme Court inits judgment of 26th September 2018 upheld all conditions imposed by apex courtin M Nagaraj’s case, except condition regarding collection of data regarding backwardness,he added.
Shyamlal Sharma, Chief Organizersaid that as per data collected by Punjab Government in 2018, the percentage ofScheduled caste employees is in excess in initial recruitment as well as inpromotion against permissible limits. Allowing consequential seniority uponpromotions due to reservation as per 85th amendment is againstjudgments and will certainly leads to contempt of court proceedings.
He said that General Categorieswelfare Federation Punjab condemn this move of Punjab Government and warns totake course of legal remedies, the responsibility of which will certainly lies withPunjab Government.