Srinagar- The High Court of J&K and Ladakh has restrained authorities from making any promotions unless candidates belonging to the SC/ST reserved categories, entitled for consideration for reservation in promotions, are considered in Jammu and Kashmir.
A bench of Justice M A Chowdhary passed the direction after underlining that denying benefits of reservation in promotion in J&K amounts to treating reserved category employees in UT differently than their counterparts in the rest of the Country. The same, the court said, amounts to class legislation, “which is antithetical to the concept of equality laid down in the Constitution of India.”
The court also termed as strange a circular issued by the General Administration Department on 5 March 2021 by virtue of which all the Administrative Secretaries have been directed to keep the slots meant for reserved category employees vacant and unfilled.
The court was hearing a plea by various Engineers serving in J&K Power Transmission Corporation Limited, Jammu Power Distribution Corporation Limited and Kashmir Power Distribution Corporation Limited, belonging to various reserved categories like Scheduled Castes (SCs), Scheduled Tribes (STs), Residents of Backward Area (RBA), Actual Line of Control (ALC) and Other Social Castes (OSCs), alleging that they have been denied reservation in promotions to which they are entitled to in terms of Article 16(4A) of the Constitution of India in the Jammu and Kashmir, due to Circular No. 10-JK (GAD) of 2021 dated 05.03.2021 issued by the GAD.
“It is strange that on the one hand, the Union Territory of J&K has prayed before the Apex Court for quashment of the judgment of this Court quashing provisions relating to reservation in promotion, stating that the basis of the judgment of this Court that the provision enabling the State Government to enact provision, providing for reservation in promotions had not been applied to the erstwhile State of Jammu and Kashmir has eviscerated, whereas on the other hand the Respondent No. 3-General Administration Department has come up with the Circular No. 10-JK(GAD) of 2021 dated 05.03.2021 directing all the Administrative Secretaries to keep the slots meant for reserved category employees 2025 vacant/unfilled,” the court said, adding, “It is not comprehensible as to how the said directions can be passed in utter disregard to the constitutional provisions applicable to the UT of J&K with the application of the constitutional provisions in the year 2019.”
The court said that applying the directions issued in terms of Circular dated 5 March 2021 “in denying benefits of reservation in promotion in J&K amounts to denying/treating reserved category employees/candidates of the UT of J&K differently than the reserved category employees/candidates of the rest of the Country, which amounts to class legislation, which is antithetical to the concept of equality laid down in the Constitution of India.”
Referring to an affidavit filed by the government before the Apex Court with regard to its intentions to implement the reservation in promotions, the court said, “therefore denying reservation to all the members of the service, who are entitled to such reservation in promotions, amounts to denying them of their constitutional rights.”
Subsequently, the court directed the authorities to collect quantifiable data having regard to the “cadre” as “unit” for consideration of collection of quantifiable data within a period of six weeks from the date of the judgment and then accord consideration to the reservation in promotions to the petitioners as and when promotions to the next cadres are considered.
“In absence of collecting any quantifiable data …., the respondents (authorities) shall proceed to consider the petitioners for reservation in promotions against the reserved slots in view of Jammu and Kashmir Reservation Act, 2004 and rules framed thereunder till the exercise for collection of quantifiable data is made by the Administrative Departments”, “ the court said, adding, “The respondents are restrained from making any promotions unless candidates belonging to the SC/ST reserved categories entitled for consideration for reservation in promotions are considered.”
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