NEW DELHI: The Supreme Court on Monday ruled that individual candidate’s income was not required to be clubbed with the income of the parents for the purpose of determining creamy layer to exclude a person of backward class from the benefits of reservation.
A Bench of Justice J S Khehar and Justice Arun Misra set aside the decision of Punjab and Haryana High Court that took note of the income of the chartered accountant candidate to declare that the family belonged to the creamy layer.
The Bench relied on the Centre’s Office Memorandum of 1993 on the issue and said, “The aforesaid determination was rendered by reading down the policy instructions issued by the state government, on the basis whereof, the backwardness of a candidate had to be adjudged. The aforesaid policy instructions were read down, to include the income of the person concerned, along with the income of the parents of the person, contemplated by the policy instructions.”
“It is not possible for us to accept, that the individual’s own income could have been taken into consideration,” the bench said. The candidate’s appointment as accounts officer in Punjab State Electricity Board was not accepted as he was declared to be under creamy layer criteria of backward class based on his income clubbed with that of his parents.
The Supreme Court on Monday agreed to look into issues of rank, pay and pension of retired Lt Gen Ravi Dastane, who before his retirement had challenged the government’s decision to appoint Dalbir Singh Suhag as the Army chief.
“Other issues of pay, pension and monetary benefit have to be looked into,” a Bench comprising Justice T S Thakur, Justice A K Goel and Justice R Banumathi said while posting the matter for hearing in normal course. Attorney General Mukul Rohatgi informed the Bench that Lt Gen Ravi Dastane, who had challenged the appointment of the then Lt Gen Suhag as the next army chief, has retired on September 30, so, no claim of his is left to be looked into. However, Dastane’s counsel R K Anand said there are other issues which have to be addressed.
Lt Gen Suhag took over as the Army Chief on August 1. The apex court on July 7 had refused to stay Suhag’s appointment.