Samta andolan instensifies to stop reservation in Promotion immediately.


Samta andolan instensifies to stop reservation in Promotion immediately.
समस्या
Principal Bench CAT New Delhi ordered
The OA challenging the Orders of Promotions dtd 22.10.2014 issued without following reservation quashed (Para 20)
OAs of General Category Candidates allowed and UOI & Ors directed to effect promotions in accordance with law as enunciated by Hon'ble Supreme Court in M.Nagraj (Supra) and as explained in Suresh Chand Gautam (Supra)" (Para 21)
If you want that this order is implemented and the able and qualified General Category Candidates are now promoted without giving extra reservations to the SC/ST candidates then each one of you should get this signed by at least 10 General Category officers today itself.
If you wake up and pursue the case strongly then this is the right time else if 2016 also goes then it would be too late.
Action to accord reservation in promotion was against the Supreme Court Judgment.
Despite above in normal course the Reserved Category SC/ST candidates selected for the post of Inspector do get the promotion on the basis of seniority cum fitness and there is no chance of elimination thus in a way Reserved Category Candidates also get promotion in the Department of Central Excise , Customs & Service Tax.
WHEN THE 5 MEMBER CONSTITUTIONAL BENCH in the case of M.Nagraj & Ors vs UOI (2006) had settled the issue that it cannot be given in a routine manner.
When once Reservation is initially given to scheduled backward classes they acquire Equality to General Castes.
When In Promotions there is no Exam it is simply seniority.
Why Various Departmental heads all over have not followed the Judgment of Hon'ble Supreme Court ?
Who is conspiring to Dishonor the highest court of India ? Samta Andolan now gears up to fight against the rumored 117th amendment bill.
This step is in contempt of the Judgment of Honble Supreme Court of India in WP N0 61/2002 (M. Nagraj & Others V/s UOI 2006) followed in K.Manorama,Surajbhan Meena(Both Supreme Court).
These General Category officers took proper action and filed applications in various tribunals and High Court and they have got relief till middle November 2015.The conspiracy was already hatched up and had they not got stay/relief from various Central Administrative Tribunals at Mumbai Ahmedabad, Chandigarh, Jabalpur, Chennai,Hyderabad, Principal Bench New Delhi J & K High Court and directions of Indore High Court to follow the existing law
In 68 years since Independence the leaders have not been able to give education amongst other facilities to the Backward.Now they want to guillotine the employees of General Category who are not from the castes which are scheduled by Govt for Reservation.
Once reservation is given to SC/ST candidates they become equivalent to the General Category candidates in all respects.No exam system to eliminate who (reserved)cannot perform well.The issue of non reservation in promotion in the Department of Central Board of Excise & Customs was raised and precipitated in A.K.Shukla & Others (WP 153 of 2002) which was finally decided with the judgment of WP N0 61/2002 (M. Nagraj & Others V/s UOI 2006) which is a landmark judgment by 5 Member Constitutional Bench for not providing reservation in promotions.C.
The Other relevant judgments are
Supreme Court Judgment in the Civil Appeal Nos 6631-6632 of 2015 in the matter of S Panneer Sevlam & Ors Vs Government of Tamilnadu & Ors dtd 27.8.2015
Hon’ble High court of Punjab & Haryana at Chandigarh in CWP 13218 of 2009.(Quashed OM dtd 10.8.2010 issued by DOPT)
Allahabad High Court Judgment in the case of SCST & OBC Welfare & 3 Ors vs State of U.P. & Others dtd 19.8.2015
Patna High Court Judgment (Bench of Chief Justice ) in The State of Bihar & Ors Vs Sushil Kumar Singh & Ors on 30th July 2015 LPA no 1066 of 2015 in Civil Writ Jurisdiction Case No 19114 of 2012.
Chandigarh CAT in OA- 060/00770/20 dtd 3.9.2014 also held the same.
Apart from these judgments The Constitutional amendment Bill (117th) for making necessary changes in Articles 16(4) in December 2012 has already lapsed due to dissolution of 15th Lok Sabha.
Each one of the Secretaries of Department of Revenue , Secretary DOPT and others should be questioned and examined just like Ishrat Jahan Encounter case as to why M Nagraj & Ors Judgment was not followed since 2006.Various High Courts and Tribunals are examining the cases filed by General Category Candidates afresh and this is one of the main reasons of heavy pendency of Courts in India. Because no body seems to be serious to solve an issue.

समस्या
Principal Bench CAT New Delhi ordered
The OA challenging the Orders of Promotions dtd 22.10.2014 issued without following reservation quashed (Para 20)
OAs of General Category Candidates allowed and UOI & Ors directed to effect promotions in accordance with law as enunciated by Hon'ble Supreme Court in M.Nagraj (Supra) and as explained in Suresh Chand Gautam (Supra)" (Para 21)
If you want that this order is implemented and the able and qualified General Category Candidates are now promoted without giving extra reservations to the SC/ST candidates then each one of you should get this signed by at least 10 General Category officers today itself.
If you wake up and pursue the case strongly then this is the right time else if 2016 also goes then it would be too late.
Action to accord reservation in promotion was against the Supreme Court Judgment.
Despite above in normal course the Reserved Category SC/ST candidates selected for the post of Inspector do get the promotion on the basis of seniority cum fitness and there is no chance of elimination thus in a way Reserved Category Candidates also get promotion in the Department of Central Excise , Customs & Service Tax.
WHEN THE 5 MEMBER CONSTITUTIONAL BENCH in the case of M.Nagraj & Ors vs UOI (2006) had settled the issue that it cannot be given in a routine manner.
When once Reservation is initially given to scheduled backward classes they acquire Equality to General Castes.
When In Promotions there is no Exam it is simply seniority.
Why Various Departmental heads all over have not followed the Judgment of Hon'ble Supreme Court ?
Who is conspiring to Dishonor the highest court of India ? Samta Andolan now gears up to fight against the rumored 117th amendment bill.
This step is in contempt of the Judgment of Honble Supreme Court of India in WP N0 61/2002 (M. Nagraj & Others V/s UOI 2006) followed in K.Manorama,Surajbhan Meena(Both Supreme Court).
These General Category officers took proper action and filed applications in various tribunals and High Court and they have got relief till middle November 2015.The conspiracy was already hatched up and had they not got stay/relief from various Central Administrative Tribunals at Mumbai Ahmedabad, Chandigarh, Jabalpur, Chennai,Hyderabad, Principal Bench New Delhi J & K High Court and directions of Indore High Court to follow the existing law
In 68 years since Independence the leaders have not been able to give education amongst other facilities to the Backward.Now they want to guillotine the employees of General Category who are not from the castes which are scheduled by Govt for Reservation.
Once reservation is given to SC/ST candidates they become equivalent to the General Category candidates in all respects.No exam system to eliminate who (reserved)cannot perform well.The issue of non reservation in promotion in the Department of Central Board of Excise & Customs was raised and precipitated in A.K.Shukla & Others (WP 153 of 2002) which was finally decided with the judgment of WP N0 61/2002 (M. Nagraj & Others V/s UOI 2006) which is a landmark judgment by 5 Member Constitutional Bench for not providing reservation in promotions.C.
The Other relevant judgments are
Supreme Court Judgment in the Civil Appeal Nos 6631-6632 of 2015 in the matter of S Panneer Sevlam & Ors Vs Government of Tamilnadu & Ors dtd 27.8.2015
Hon’ble High court of Punjab & Haryana at Chandigarh in CWP 13218 of 2009.(Quashed OM dtd 10.8.2010 issued by DOPT)
Allahabad High Court Judgment in the case of SCST & OBC Welfare & 3 Ors vs State of U.P. & Others dtd 19.8.2015
Patna High Court Judgment (Bench of Chief Justice ) in The State of Bihar & Ors Vs Sushil Kumar Singh & Ors on 30th July 2015 LPA no 1066 of 2015 in Civil Writ Jurisdiction Case No 19114 of 2012.
Chandigarh CAT in OA- 060/00770/20 dtd 3.9.2014 also held the same.
Apart from these judgments The Constitutional amendment Bill (117th) for making necessary changes in Articles 16(4) in December 2012 has already lapsed due to dissolution of 15th Lok Sabha.
Each one of the Secretaries of Department of Revenue , Secretary DOPT and others should be questioned and examined just like Ishrat Jahan Encounter case as to why M Nagraj & Ors Judgment was not followed since 2006.Various High Courts and Tribunals are examining the cases filed by General Category Candidates afresh and this is one of the main reasons of heavy pendency of Courts in India. Because no body seems to be serious to solve an issue.

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