Promotions: SC refuses to hear fresh pleas against notifications

Promotions: SC refuses to hear fresh pleas against notifications

Supreme Court

The Supreme Court on Thursday refused to entertain a fresh batch of petitions challenging the Karnataka government’s notifications related to promotion and reversion of employees in compliance with the apex court judgement of February 9, 2017.

The top court had quashed the Karnataka law on reservation in promotion to the Scheduled Caste and Scheduled Tribe (SC and ST) employees in the B K Pavitra case.

A bench of Justices Adarsh Kumar Goel and U U Lalit declined to issue a notice on petitions filed by S P Sakkari and others, saying the notifications were issued to implement the court ’s judgement.

Senior advocates Kapil Sibal and P S Patwalia submitted that though some of the petitioners have already been reverted, the court may issue notice to the state government and may say that any action taken by the state government will be subject to the final outcome of the case.

The bench, however, said, “We will not say anything. It (the case) will be listed after the summer vacations before an appropriate bench. The petitioners would have the liberty to mention it before the Chief Justice of India for listing.”

Sibal, for his part, said at least a notice should be issued to the state government as the top court had earlier done so in a similar matter.

A special leave petition filed by Baby S Janaki and others was earlier admitted for consideration. Patwalia maintained that the state government was reverting staff from 1970s which was against the spirit of the apex court’s judgement.

Senior advocate Rajeev Dhavan, along with advocate Kumar Parimal, appearing for beneficiary employees, countered by saying a false bogey was raised by the petitioners. In fact, the state government was doing the reversion from March 1, 1996, they said.

Examining compliance of its judgement, the court had earlier clarified the model code of conduct enforced by the Election Commission in the poll-bound Karnataka would not come in the way of state government in granting promotion to the employees after invalidation of law on reservation in promotion to SC/ST staff.

It had also restrained the Karnataka High Court and the Karnataka Administrative Tribunal from entertaining any petition against the state government’s notifications issued in May last for revising the seniority list.