DEHRADUN: Uttarakhand state government on Wednesday decided to implement 2012 government order which bans reservation in promotion in state government services.
Uttarakhand General-OBC employee association welcomed the move. Deepak Joshi, the president of the association said, "We welcome the government decision. This is respecting the honourable, court, law and what is right."
More than 1.5 lakh general-OBC employees had gone on indefinite strike while 30000 SC/ST also went on strike demanding implementation of reservation in promotion.
The members of SC/ST employee association refused to comment and stated that they are mulling next course of action.
A government order was issued on Wednesday quoting Supreme Court order of February 7, 2020 which set aside Uttarakhand high court's order of November 15, 2019 to collate data of SC/ST employees in the state government services and then "consider whether or not it should provide reservation in promotion in their favour".
Uttarakhand state government in 2012 decided to fill up state government posts without providing reservation in promotion after which the decision was challenged in Uttarakhand high court.
The HC, last year, declared state government's decision illegal following which the HC decision was challenged in the SC.
The apex in February 2020 subverted the HC order. The SC stated that the government "is not bound to make reservations" and that there is "no fundamental right which inheres in an individual to claim reservation in promotions".
"It is settled law the state cannot be directed to provide reservations for appointment in public posts. Similarly, state is not bound to make reservation for SCs/STs in matters of promotions," the court said.
On July 10, 2012, Uttarakhand high court while hearing a case of Vinod Prakash Nautiyal vs State of Uttarakhand banned reservation in promotion.
On September 5, 2012, Uttarakhand state government issued order banning reservation in promotion.
On April 1, 2019, Uttarakhand high court nullified state government order of banning the reservation in promotion.
In May 2019, a review petition was filed in Uttarakhand high court.
On September 11, 2019, Uttarakhand government put hold on promotions in all state government departments.
In November 2019, Uttarakhand high court subverted it's own order and directed the state government to collate data of SC employees in state government departments.
In November 2019, Uttarakhand state government and an organization of general and OBC employees filed special leave petition in Supreme Court.
On February 7, 2020 the SC directed that state government cannot be directed to provide reservation in promotion.
On March 18, Uttarakhand government implements government order dated September 5, 2012 which bans reservation in promotion.