The superior court of Chhattisgarh asks the government to present presentations on the quota in promotions before December 9
RAIPUR: On Wednesday, it has ordered the state government to make appropriate presentations related to the petition to challenge the decision of the Congress government on the reservation on promotions.
The petitioner's attorneys told TOI that the division bank composed of Justice President PR Ramachandra Menon and Judge Parth Prateem Sahu ordered the state attorney to submit appropriate filings of the reservation-related notification in the promotion of the State government employees.
The attorney general said there was an inadvertent error in the notification and that steps are being taken to rectify it, they added.
The division bank has set December 9 for the next hearing in the petition.
The petitioners, S Santosh Kumar and Vishnu Prasanna Tiwari, on November 21, questioned the decision of the congressional government to introduce a quota in promotions.
The petitioner urged the Chhattisgarh High Court to cancel the contested notification of the congressional government issued on October 22, 2019, through which reservations have been made in promotions of state government employees, a general rule for all departments, without showing/consider whether that class for which promotional reservation has been granted, is not adequately represented in all state government departments and employees who fall into creamy layers have not been excluded.
The contested notification violates the principles established by the Supreme Court in the case of M Nagaraj and others against the Union of India and others on October 19, 2006. In this case, the constitutional bank with regard to the reservation noted that The affected state must show in each case the existence of an inadequate representation and the exclusion of the person who falls into creamy layers.
In addition, in the contested notification, although the government of Congress in Chhattisgarh has cited the relevant order of the Supreme Court, it has not fulfilled the conditions established in the decision. In addition, the notification of the state government does not exclude employees from the benefits of the reserve in the promotion whose profits fall in the creamy layer.
On September 25, the Bhupesh Baghel government had decided to amend the rules of the 2003 Public Service (Promotion) Rule of Chhattisgarh, to provide reservations of 32 percent to Registered Tribes and 13 percent to Registered Castes in positions of direct recruitment at the state level, in proportion to the population according to the 2011 census.