Bihar Govt to SC: Cadre-wise reservation In promotion for SC/ST decided

Bihar government informed the Supreme Court on Wednesday that it has decided to give government employees belonging to Scheduled Castes and Scheduled Tribes "cadre" reservations in promotions.

The arguments were made before a bench of Justices LN Rao and BR Gavai in an application seeking to have the civil appeals against the Patna High Court's decision declaring the State's resolution of August 21, 2012, which provided for reservation in promotion with consequential seniority, as legally unsustainable, dismissed.

The State had sought to withdraw the civil appeal on the grounds that, in light of the Supreme Court's ruling that a cadre can be used to collect quantifiable data on the adequacy of representation, the State had decided to promote employees from Scheduled Castes and Scheduled Tribes based on their "cadre."

As a result, the State desired to withdraw the same for the stated purpose and to complete the exercise.

Employees from various departments of the state had challenged the State of Bihar's resolution dated August 21, 2012, before the High Court. The challenged resolution provided for reservation in promotion and, as a result, seniority for employees from Scheduled Castes and Scheduled Tribes working in various State services.

The same was challenged on the grounds that it was in violation of the Supreme Court's principles in M. Nagraj Vs. Union of India, as well as the letter and spirit of Article-16(4A).

Read the details at LiveLaw