The Supreme Court today issued a notice in the matter filed by the Caste Tribe Mahsool Karmachari Sanghatna, an organization of officers/employees working in the Revenue Department, challenging the Government notification whereby the state of Maharashtra has withheld the promotions of officers/employees of the said state government despite the order of this Court. (Caste Tribe Federation Vs The State of Maharashtra & Anr.)
A bench of Justices L. Nageswara Rao & B.R. Gavai has issued the notice. The Bombay High Court struck down the Government Resolution providing for reservation in promotion in favour of Scheduled Caste 13%, Scheduled Tribe 7%, DE notified Tribes-A 3%, Nomadic Tribe-B 2%, Nomadic Tribe- C 3.5%, Nomadic Tribe-D 2% and Special Backward Classes 2% total in 33%.
Challenging the above order, the petitioners, serving in the State services who are aggrieved of the Resolution passed by the Government, reminded the government of Article 16 of the Indian Constitution, which says “Equality of opportunity in matters of public employment”.
The petitioner further alleged that the State of Maharashtra has played foul, thereby curtailing the promotional benefits to the members of the backward classes and has promulgated the Government Resolution only for the benefit of the officers/employees belonging to the General Category.
The petitioner submitted that the promotions done by the virtue of this G.R. shall inexplicably fill-up the vacancies which were reserved to the tune of 33% in accordance with the G.R. The vacancies reserved for Scheduled Caste 13%, Scheduled Tribe 7%, De-notified Tribes-A 3%, Nomadic Tribe-B 2%, Nomadic Tribe-C 3.5%, Nomadic Tribe-D 2% and Special Backward Classes 2% which accounts for a total of 33% is in no way ultra-vires of the mandate laid down in Indra Sawhney of 50%. This G.R. will allow the state to act in a partisan way and fill-up the vacancies reserved for the members belonging to the backward classes. Furthermore, the petitioners prayed to set aside and quash the Government Resolution which is contrary to the direction passed by High Court.