BHUBANESWAR: In a major relief to government employees belonging to general category, the Orissa High Court has stayed the operation of the September 11, 2024 clarification of the Scheduled Tribes and Scheduled Castes Development, Minorities and Backward Classes Welfare department in the matter of promotion.
The July 23 order of the single judge bench of Justice Biraja Prasanna Satapathy also made the May 6, 2024 clarification on the concept of ‘own merit’ in direct recruitment/promotion by the department inoperative. He posted the matter to August 13 for further hearing.
The department on February 27 had given effect to the criteria set forth in the May 6, 2024 resolution concerning reservation in promotion. All departments of the government were directed to follow the principles adopted by the department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions as per the guidelines of the Supreme Court.
As per the Supreme Court order, the states are required to conduct survey to collect quantifiable data regarding inadequacy of representation of scheduled categories in each service category. The data will be applicable to each cadre while giving promotion on the basis of reservation.
In deviation of the principle adopted by the DoPT, the state government has been giving promotion to scheduled category employees against unreserved posts without any data on their proportionate representation in a particular cadre. Aggrieved by the confusing clarifications issued by the ST&SC Development department, many affected unreserved category government employees have brought this discrepancy to the notice of their respective department authorities and the chief secretary, without any relief. The clarification was challenged in court by an employee of School and Mass Education department AK Mishra.
The high court has recently stayed the operation of the select list prepared on the recommendation of the departmental promotion committee (DPC) of the Works department for grant of promotion to the post of assistant executive engineers on similar grounds. The stay order by Justice AK Mohapatra was in response to a petition by one Hiranmayee Nayak and four others challenging the recommendation of the DPC to give promotion to 44 SC and seven ST assistant engineers on the basis of their seniority against unreserved category posts when vacancies in their respective slots remained unfilled.