Mohinder Verma
JAMMU, Mar 5: Putting the record straight regarding implementation of Supreme Court order on reservation in promotion, the Government has made it clear that the employees promoted under Jammu and Kashmir Reservation Act prior to December 14, 2015 will retain their promotions while others cannot claim similar benefit till final adjudication of the Special Leave Petitions (SLPs) by the Apex Court.
Official sources told EXCELSIOR that ever since the Supreme Court has directed status quo vide its order dated December 14, 2015 regarding reservation in promotion in Government service, several organizations have been coming up with different statements by misinterpreting the order of the Apex Court of the country.
Moreover, numerous sections of the employees have been making representations to the Chief Secretary and other important forums either seeking withdrawal of promotions made under J&K Reservation Act or affecting more promotions under this legislation because they have not properly understood the status quo order of the Supreme Court. Even Governor, N N Vohra has received number of letters from different sections of employees in this regard ever since imposition of Governor’s Rule in J&K.
Now, in order to put the record straight regarding implementation of Supreme Court order, the General Administration Department has issued a circular whereby doubts of not only employees but also of the Administrative Secretaries have been cleared. All the Administrative Departments have also been asked to ensure strict compliance by adhering to the circular on the subject.
The Division Bench of the High Court in a petition titled “Ashok Kumar and Others Versus State of J&K and Others” and other clubbed matters had on October 9, 2015 declared as un-constitutional certain provisions of the J&K Reservation Act and Reservation Rules. The decision of the Division Bench was based on the judgment of the Constitutional Bench of the Supreme Court of India in the case titled “Indira Sawhney Versus Union of India” prohibiting reservation in the matter of promotions and non-applicability of Article 16(4-A) of Constitution of India to the State of Jammu and Kashmir.
Against the judgment of the Division Bench, two Special Leave Petitions titled “Mohammad Haneef Lone and Others Versus Ashok Kumar Sharma and Others” and “Gagan Jyoti and Another Versus State of J&K and Others” were filed by the private respondents before the Supreme Court for stay of the J&K High Court order.
In its order dated December 14, 2015, the Supreme Court directed that status quo as of that day be maintained but the impugned judgment of the J&K High Court dated October 9, 2015 was not stayed, the GAD said, adding “the import of the status quo order dated December 14, 2015 is that the State has to maintain the status quo as it existed on that day”.
“On that day (December 14, 2015), the law declared by Division Bench of the High Court in its decision dated October 9, 2015 with regard to reservation in promotion was in force and resultantly Section 6 of the Reservation Act and Rules 9, 10 and 34 of the Reservation Rules were no longer in operation having been declared unconstitutional by the High Court”, the GAD said, adding “however, those already promoted under the quashed provisions of the Act and Rules are not to be reverted if they had not been reverted on the day of passing of the order by the Apex Court till final adjudication of the matter”.
Making it clear that there is no order of stay of the impugned judgment passed by the Division Bench of the State High Court, the GAD said, “the Supreme Court has merely ordered status quo which implies the factual position must be preserved as it existed on December 14, 2015”, adding “those promoted prior to December 14, 2015 have to retain their promotions and who are not promoted cannot be promoted pending the final adjudication of the Special Leave Petitions by the Supreme Court”.
By making the record straight, the GAD has directed all the Administrative Secretaries to ensure strict compliance.
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