Quashing SC/ST reservation in promotion may cause unrest: Govt to SC

Quashing of reservation in promotion to Scheduled Caste and Scheduled Tribe (SC/ST) employees in government jobs may cause employee unrest and lead to multiple litigations, the Centre has informed the Supreme Court.

Centre's submission came on an affidavit filed by the Union Government in the matter relating to the reservation.

Centre said that if its plea is not allowed, then it would necessitate withdrawal of the benefits of reservation in promotion and own merit promotion granted to SC and ST employees.

"This may lead to reversions of SC and employees, re-fixation of their salaries including re-fixation of pension of many employees who may have retired in the meantime, recovery of excess salaries/pension so paid to them. This would result in multiple litigations and employee unrest," Centre said in its affidavit.

The Centre also said that not allowing the petitions regarding restoration of reservation in promotion of SC/ST employees on own merit would have widespread adverse consequences.

As per the data furnished by the Ministries/Departments, more than four and a half lakhs employees belonging to SC and ST categories were given promotions in Group B and Group C posts during 2007 to 2020. Since the policy of reservation in promotion is also applicable in Central Public Sector Undertakings, Public Sector Banks, Public Insurance companies and other organizations under the Government of India, SC/ST employees in these organisations may also face similar consequences of reversions to lower posts, the central government said.

The Supreme Court had earlier directed the Union of India to file an affidavit, giving particulars about the contemporaneous cadre wise data and details of consideration of the data to determine inadequacy of representation of SCs and STs for providing reservations in promotions.

The Court was hearing on various matters arising from the judgments of the High Courts of Delhi and Punjab and Haryana.

The court was dealing with a batch of petitions relating to reservations.

Earlier, the top court had said that State governments ought to collect quantifiable data before granting reservations in the promotion to SC/ST employees.

The top court also said that it cannot lay down new yardstick after Constitution bench decisions.

The Court was dealing with the issue of the grant of reservation in promotion to the Scheduled Castes (SCs) and Scheduled Tribes (STs) in government jobs.

The apex court had earlier said it would not reopen its decision on the issue of the grant of reservation in promotion to the SCs and STs and said it was for the states to decide how they are going to implement the same.