From Our Bureau
NEW DELHI: The Centre has urged the Supreme Court not to quash reservation in promotion to SC/ST employees in the government jobs, lest it leads to the employee unrest and “multiple litigations.”
In an affidavit filed before a Bench of Justices L Nageswara Rao and Bhushan R Gavai, it asserted that the reservation policy is in consonance with the Constitution and the law laid down by this court.
“If the case is not allowed, it would necessitate withdrawal of the benefits of reservation in promotion granted to SC/ST employees. This may lead to reversions of SC and ST employees, re-fixation of their salaries including re-fixation of pension of many employees who may have retired in the meantime, recovery of excess salaries/pension so paid to them. This would lead to multiple litigations and employee unrest,” the Centre said.
The top court on January 28 had refused to “lay down any yardstick” for granting reservation in promotion to SCs and STs in government jobs saying determination of their inadequate representation is the discretion of the State. It had sought a Centre’s affidavit on the contemporaneous data available with it along with “application of mind” on data for providing reservation in promotion to the Scheduled Castes and Scheduled Tribe in the government jobs.
Defending its policy, the Centre said the representation of SCs/STs in the government employment is inadequate and grant of reservation to them does not in any manner hamper the administration.
It stressed that the efficiency is ensured through the system of Annual Performance Assessment Report which captures assessment of work output, personal attributes and functional competency of each officer.
Giving the breakup of 27,55,430 central employees in 75 ministries and departments, the affidavit said 4,79,301 are SCs, 2,14,738 are STs and the number of OBC employees is 4, 57,148.
The Court had earlier said that it is neither legal nor proper for the Courts to issue directions or advisory sermons to the executive in respect of the sphere which is exclusively within their domain under the Constitution.
