Lucknow, May 5: The Uttar Pradesh government late on Friday night decided to implement the Supreme Court order upholding the Allahabad high court's verdict to quash provision of reservation for Scheduled Caste and Scheduled Tribe (SC/ST) officers and employees in promotions. As a first step in this direction, the state cabinet approved the decision to remove the reservation system from promotion.
Since the state assembly is not in session, the UP cabinet decided to bring an ordinance to repeal the existing rule related to reservation in promotions. A formal proposal will be later placed before the assembly session expected to be held in second week of May for approval.
The Supreme Court had on April 30 upheld the high court order to scrap quota in promotions. The legal battle on the issue had started soon after the Mayawati government took charge in 2007. The BSP government decided to implement the quota for SC/ST in recruitment as well as in promotions.
The order was challenged in the high court by a section of employees who were adversely affected by it. The high court had last year quashed the provision describing quota in promotion as unconstitutional. The Mayawati government, however, challenged the high court order in the apex court. However, when the Supreme Court upheld the high court order, BSP supremo Mayawati, who is now a member of Rajya Sabha, earlier this week raised the issue in Parliament and demanded amendment in the constitutional provision to provide quota to SC/ST in promotions in government services.
While the matter is being debated in Parliament with Mayawati playing the dalit card and Congress trying to placate her to win support for presidential elections, the SP government in the state decided to implement the Supreme Court order. However, sources said that the Akhilesh Yadav government has adopted a 'balanced' approach'. It has decided not to allow reservation in promotions from now onwards.
This, sources said, means that those SC/ST employees and officers who have already been promoted during the Mayawati regime, would not be demoted. As a result, some two lakh government personnel of the SC/ST category, who got seniority due to promotion, will remain where they are. On the other hand, the decision of 'not allowing quota in promotions from now onwards' would affect around 20 lakh government personnel belonging to the general and other backward classes category.
The government swung into action following the threat by the employees opposing quota in promotions to hold agitation over the delay in implementation of Supreme Court order. However, a section of employees benefited by the quota in promotions has decided to file a special leave petition (SLP) in the apex court for the review of the April 30 order.
"Resolving the promotional issue was one of the election promises of the SP. After being voted to power, the SP government is morally committed to fulfill it. The matter is thus top priority for the government. The change is being done now to avoid violation of election code of conduct which would be in place after announcement of civic polls by the end of this month," said a senior officer.
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