署名活動についてのお知らせSamta andolan instensifies to stop reservation in Promotion immediately.General Category Officers still fighting to get the Court Judgments implemented
Alok Goyalインド
2016/08/14
Hon’ble Supreme Court has already examined the constitutional validity of the 77th, 81st, 82nd,and 85th Constitutional Amendments in the judgment of M. Nagraj v. Union of India (2006) 8 SCC 212 and held that Reservation cannot be given without undertaking a study of the Backwardness of the reserved category. When the constitutional amendments have already been examined by the Constitutional Bench the proposal of this exercise is again raising a question mark on the validity of the judgments delivered by the Hon'ble Supreme Court of India and that if these can be flouted by the whims of any one who doesn't want to read , understand and appreciate the judgment. There are various judgments against Reservation in promotion after Constitutional Bench Judgment in the case of M. Nagraj v. Union of India (2006) 8 SCC 212 followed by various high courts and CAT. Recently Principal Bench of CAT New Delhi delivered a judgment on 3rd June 2016 in which the OAs of General Category Association was allowed. OA envisaged "to constitute and conduct DPC in accordance with OM dtd 26.8.2015 fill the vacant post of Assistant Commissioner for the year 2013-14,2014-15,2015-16 without any reservation’ was sought and the Principal Bench ordered as reiterated below:- “In view of the above findings OA No 3671/2015,3713/2015,3802/2015 are allowed and the respondents are directed to effect promotions in accordance with the law as enunciated by the Hon’ble Supreme Court in M Nagraj (Supra) and as explained in Suresh Kumar Gautam (Supra).” Despite the judgments as mentioned above there is complete silence and denial to accept and implement the judgments. In the Department of Central Excise & Customs the promotions are based on seniority cum fitness only without any examination or interview process thereby already having an inbuilt mechanism for their promotion.But the “misleaders”, not the leaders are trying to get double reservation to them. Where are we heading for ? No place for the General Category Candidates in the Country ! Whether we are heading for another freedom seeking excercise ?
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