Promotions: SC tells state again to comply with its order

The Supreme Court on Monday said the Karnataka government has to take consequential action within one month after having revised seniority list of Karnataka government employees in the light of its February 9, 2017 judgement.

It explained that a previous order passed by a separate bench granting status quo in the matter has stood modified on March 20, this year.

"We have already passed the order. The judgement passed in the 'B K Pavitra and others vs Union of India' has to be complied with," a bench of Justices Adarsh Kumar Goel and U U Lalit said.

A bench of Justices Madan B Lokur and Deepak Gupta had on January 22 and February 19 directed status quo in the matter after admitting a clutch of special leave petitions filed by R T Chandramouli and others, who worked as engineers at various districts in Karnataka Power Transmission Corporation Ltd.

Subsequently, when it was pointed out before the bench led by Justice Lokur that all the matters arising out of B K Pavitra case have to be heard by a bench presided over by
Justice Goel, these petitions were put before the original bench.

On Monday, taking up those petitions, the bench of Justices Goel and Lalit said the judgement related to the promotions has to be complied with and one month time has been given to the Karnataka government for taking consequential action as seniority list has already been revised.

Senior advocate V Laxminarayana, appearing for R Chandramouli and others, contended that the state government on May 8 issued notification pertaining to publishing a provisional seniority list, which was not in accordance with the apex court's judgement.

"We have approched the High Court as the state government's decision was not in accordance with the Indira Sawheny (Mandal case) judgement. But the HC had declined to interfere into the matter," he submitted.

On this, the bench asked, "Can you file a writ petition in the HC saying one judgment of the SC is contrary to another judgement."

"We have already fixed the matter on April 25 seeking compliance report from the state government. All these petitions would also be heard on the date already fixed," the bench added.

The top court had on March 20 dismissed a plea made by the Karnataka government to grant further six months time for revising promotion list of all employees, after invalidation of the reservation law in promotion to employees belonging to the Scheduled Castes and Scheduled Tribes.

"In case the judgment is not complied within one month, the Chief Secretary of Karnataka may remain present in this court on 25th April, 2018," the bench had said.