Keyword(s):
Government Servant, Reservation Order, Seniority
STATEMENT OF OBJECTS AND REASONS
The Government of Karnataka has introduced the policy of reservation in
promotion in favour of the Government Servants belonging to the Scheduled
Castes and the Scheduled Tribes as per the Government Order No. DPAR 29
SBC 77 dated 27-4-1978 (henceforth called, “Reservation Order”).
Paragraph 7 of the Reservation Order stipulates that the inter-se seniority
amongst persons promoted in accordance with that order on any occasion has to
be determined, in the manner provided in rule 4 or 4-A, as the case may be, of
the Karnataka Government Servants (Seniority) Rules, 1957.
1-12-
The Supreme Court of India, in its Judgment dated
2000, in the case of M.G. Badappanavar and Another Versus State of Karnataka
and others in Civil Appeal Nos. 6970-6971 of 2000 with Civil Appeal No. 6972 of
2000 (AIR 2001 SC 260) while dealing with the issue of determination of seniority
inter-se between the persons belonging to the reserved categories and the
general category, in pursuance of the ratio of the decision of the Constitution
Bench in Ajit Singh and Others (II) Vs State of Punjab and others-(1999) 7 SCC 2
209- has examined rule 2(c), rule 4 and rule 4-A of the Karnataka Government
Servants’ (Seniority) Rules, 1957 and has observed that there is no specific rule
therein permitting seniority to be counted in respect of a person promoted against
a (reserved) roster point.
While it is true that rules 2(c), 4 and 4A of the Karnataka Government
Servants (Seniority) Rules, 1957 do not cover promotions made on the basis of
roster, paragraph 7 of the Reservation Order introducing the policy of reservation
in promotion stipulates the manner of determining the inter-se seniority amongst
persons promoted on any occasion of promotion (on the basis of reservation).
This provision is independent of the said rules contained in the Karnataka
Government Servants (Seniority) Rules, 1957 as the Reservation Order is a self-
contained code regulating promotions on the basis of reservation.
Subsequently, the Parliament has enacted the Constitution (Eighty Fifth
Amendment) Act, 2001 with retrospective effect from 17-6-1995 providing for
consequential seniority in the case of promotion on the basis of reservation.
Therefore, it is considered necessary to remove any ambiguity and to
clarify that the Government Servants belonging to the Scheduled Castes and the
Scheduled Tribes promoted in accordance with the policy of reservation in
promotion contained in the Reservation Order shall be entitled to seniority as it is
available to the Government Servants belonging to the other categories.
Since the matter was urgent and the Karnataka Legislative Council was
not in session, the Karnataka Determination of Seniority of the Government
Servants Promoted on the basis of Reservation (to the posts in the civil services
of the State) Ordinance, 2002 (Karnataka Ordinance 2 of 2002) and The
Karnataka Determination of Seniority of the Government Servants Promoted on
the basis of Reservation (to the posts in the civil services of the State)
(Amendment) Ordinance, 2002. (Karnataka Ordinance 3 of 2002) were
promulgated to achieve the above object.
This Bill seeks to replace the said Ordinances.
Hence the Bill.
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