From Our Special Correspondent
Daijiworld Media Network

Bengaluru, Dec 7: The Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the post in Civil Services of the state) Bill, 2017 to provide for reservation for SC/ST personnel in promotion has hit one more hurdle with Governor Vajubhai Vala sending it to Presidential Reference.

The Bill which was recently passed in the Belagavi session of State Legislature, was introduced after the State Government failed to get the Governor's assent for the ordinance and to avoid demoting SC/ST employees who have already been promoted.

The State government, which has reiterated its commitment to protect the interest of SC/ST employees, was compelled to take the legislation route after the Supreme Court struck down reservation in promotions for SC/ST employees while hearing a petition filed by aggrieved employees in the State.

The Bill seeks to provide consequential seniority to persons promoted on the basis of policy of reservation in the state since 1978 to ensure adequate representation of SCs and STs across all departments.

The Bill would be sent to Rashtrapati Bhavan in accordance with the instructions of Governor Vajubhai Vala, said Law and Parliamentary Affairs Minister T B Jayachandra.

The Governor had reservations about constitutional validity of the bill and hence has preferred to seek the advice of the President before deciding on giving assent for the Bill. 

The development has pushed the State Government into a piquant situation as the case will come up for hearing again before the Supreme Court on January 14.

There is a possibility of the government facing contempt of court proceedings if the bill does not get Presidential approval by then.

The State Government's efforts to avoid the need to revert thousands of SC/ST employees promoted by it and give promotions to employees belonging to other categories has been hampered by a series of legal hurdles.

Speaking to reporters on various issues pertaining to the Bill, Law and Parliamentary Affairs Minister T B Jayachandra said the State Government would try to get Presidential assent at the earliest as the state government has to prepare the seniority list.