The state government has told the Supreme Court that with the passage of a new law, the promotions already made in accordance with the state reservation policy since 1978 will not be disturbed. However, hitherto the state had followed ‘vacancy based’ promotion, but in future the promotions will be ‘post based’.
After examining the existence of compelling reasons namely backwardness, inadequacy of representation and other administrative inefficiency in each case, suitable executive orders will be issued accordingly, it said.
In an affidavit, the government strongly defended the constitutional validity of the ‘Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2017,’ saying it (new law) has “removed and cured the infirmities and vitiating factors” noticed by the SC in the B K Pavitra case.
Thus, the “earlier judgement (of February 9, 2017) becomes irrelevant and unenforceable. It cannot be called an impermissible legislation overruling the judicial decision. All that the legislature does is to usher in a valid law with retrospective effect in the light of which the earlier judgement becomes irrelevant,” it said.The government’s response was to separate writ petitions filed by Shivakumar K V, B K Pavitra and others. The petitioners claimed the new law was ultra vires of the Constitution for being in direct conflict with the judgement of the apex court passed on February 9 last year.
The SC earlier asked state advocate general Uday Holla orally to maintain the status quo on the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the basis of Reservation (to the post in the civil services of the State) Act, 2017.
A bench of Justices Abhay Manohar Sapre and U U Lalit is likely to take up on Tuesday the batch of petitions pertaining to compliance of the February 9 judgement and challenge to the validity of the new law.
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