Quota in promotions: UP may need a new law

LUCKNOW: The Uttar Pradesh government is adopting a wait and watch policy when it comes to the Centre’s directive for ‘necessary action’ to implement reservation in promotions in the state.

An order issued by the department of personnel and training (DoPT) has asked the union ministries/departments to bring its office memorandum dated June 15, 2018 “to the notice of all concerned for information/compliance.” The DoPT’s memorandum also advised the state governments “to take necessary action” in accordance with the orders passed by the Supreme Court.

“We are waiting for directives for further action on the DoPT’s office memorandum asking the state government to take appropriate action,” said a senior officer. In the state, there are no laws allowing reservation in promotions after the Supreme Court in April 2012 declared ultra vires (beyond one’s legal powers) section 3(7) of Uttar Pradesh Public Services (Reservation for Scheduled Castes/Scheduled Tribes and Other Backward Classes) Act, 1994. The consequential seniority under rule-8 of the Uttar Pradesh Government Public Servants Rules benefitting employees in reservation in promotions was also scrapped. The state government may have to initiate the exercise afresh and issue separate orders or enact a new law to implement reservation in promotions.

“Uttar Pradesh has no law now to provide reservation in promotions. We cannot accept the DoPT’s order for promotion on the basis of the existing seniority list. We are in touch with leaders of other states and a joint strategy will be worked out. We have also requested chief minister Yogi Adityanath for an early appointment to discuss the issue,” said Arakshan Bachao Samiti convenor Awadhesh Verma.

Verma said to begin the process in UP, the state government should promote all those who had been demoted.

“About two lakh employees working on 25,000 posts had been demoted and demotions are still continuing in some departments,” said Verma.

On the other hand, the Sarvjan Hitay Sanrakshan Samiti that opposes the reservation in promotions is keeping a close watch on developments on the issue.

“We will move contempt of court (plea) if any promotion is carried out on the basis of the the DoPT’s office memorandum. The DoPT has misinterpreted the apex court’s order,” said Sarvjan Hitay Sanrakshan Samiti president Shailendra Dubey.

Dubey said the Supreme Court order, saying, “The Union of India is not debarred from making promotions in accordance with law” should not be misinterpreted.

“The SC order with regard to M Nagraj and others vs Union of India and others has to be applied on the issue till the Constitution bench of the apex court reconsiders its orders given in M Nagraj and others versus Union of India and others case,” said Dubey. The Supreme Court, vide its order dated 15.11.2017, had decided to refer to a Constitution bench to examine whether its earlier decision in M Nagraj and others vs Union of India and other required reconsideration or not. The SC, in its order dated 17.05.2018, had observed, “It is directed that the pendency of the Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from ‘reserved to reserved’ and ‘unreserved to unreserved’ and also in promotion on merits…”

Later on June 5, 2018 the SC had further ordered, “It is made clear that the union of India is not debarred from making promotions in accordance with law, subject to further order…”

Quoting the SC’s orders, the DoPT in its office memorandum issued on Friday advised the state governments and said: “The cadre controlling authorities of central government ministries, departments and union territories are to carry out promotions in accordance with the directions of Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists…. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.”

Dubey also said the state has no law for reservation in promotions and so his committee would keep a close watch on its moves on the issue.

THE DOPT’S MEMORANDUM ALSO ADVISED THE STATE GOVERNMENTS “TO TAKE NECESSARY ACTION” IN ACCORDANCE WITH THE ORDERS PASSED BY SC