Govt to implement controversial SC/ST promotion protection bill

Bengaluru, Jan 31: The HD Kumaraswamy cabinet on Wednesday decided to implement the reservations in promotions Act, despite the Supreme Court directing the government to maintain “status quo” on the issue.

This effectively means the government will go against the SC directive not to carry out any changes to the present seniority scale of the government employees. Krishna Byregowda, rural development and panchayat raj minister, said the issue was debated in detail at the cabinet meeting on Wednesday, and eventually, the “will” of the cabinet prevailed.

“Legal opinion by Mukul Rohatgi, the senior lawyer who is appearing on behalf of the government, clearly states the government has no choice but to implement the decision of the legislature which passed the Act [Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Act of 2017], protecting promotion of government employees based on reservation,” Byregowda said.

However, Byregowda said it will take some time before the government restores demotions and promotions which have been kept pending as the seniority list has to be redrawn.

“While the Act will come into effect immediately, the chief secretary has been asked to redraw the seniority list to reflect promotion of employees based on reservation,” the minister said. “It is necessary to redraw the list since some officials have retired.”

Asked if the government will face a financial burden if it implements the Act as the government has insisted it will be “fair” to both parties, Byregowda said the costs would be negligible. “The government is already adhering to a revised pay scale for all those who have been demoted or promoted,” he said. He said the pension scale of employees demoted will now be in retrospective effect — from the date of retirement from the post.

Sources say there was heated debate on the issue as PWD minister HD Revanna and some others in the cabinet had opposed implementation of the Act. Byregowda said objections were part of a “healthy” debate. “Ultimately, the will of the cabinet was to implement the Act,” he said.

CM Kumaraswamy is said to have directed chief secretary TM Vijay Bhaskar to ensure affected parties are also accommodated. Byregowda hinted at the possibility of other category personnel being given either a similar scale/posting and/or maintain an increased pay scale.

Asked why the Act was being implemented in a hurried manner since the SC order is scheduled to be heard next week, the minister said 22 additional petitions have been filed in the SC and therefore the final verdict could be delayed. “The Act will be implemented subject to the apex court’s final verdict,” he said.