NEW DELHI: The Central Government in an affidavit filed before the Supreme Court has said that quashing of reservation in promotion to Scheduled castes and scheduled tribes employees in government jobs may lead to employee unrest and "multiple litigation".
The Centre has added that requisite exercise has been undertaken to collect quantifiable data on SCs and STs in order to ascertain their inadequacy of representations in posts under the Central government.
The top court was dealing with a batch of petitions relating to reservations. The Union government has added that the policy for reservation is in consonance with the Constitution and the law laid down by the top court.
"In case the aforesaid SLPs are not allowed, it would necessitate withdrawal of the benefits in promotion and own merit promotion granted to SC employees. This may lead to reversion of ST and SC employees, refixation of their salaries including refixation of pension of many employees who may have retired in the meantime, recovery of excess salaries/pensions so paid to them. This would result in multiple litigation and employee unrest." The affidavit reads.
"As per the data furnished by the ministries/department, more than four and a half lakh employees were given promotions in group B and group C during 2007-2020... Since the policy is also related Central Public Service Undertaking, Public sector banks, public insurance companies and organisations under Government of India, SC/STs employees in these organisations may face similar consequences of reversions to lower posts, reduction in pension/family pension, recovery of over payment from many employees a few who may have died, alterations in seniority etc. Thus not allowing the aforesaid SLPs regarding restorations of OMs regarding reservation in promotion and promotion of SC/STs employees on own merit would have widespread consequences." It added.
The apex court had earlier directed the Union government to file an affidavit on the contemporaneous data that is available to the government along with "application of mind" on data for providing reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobs.
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.
(With Inputs From Agencies)