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Supreme Court cancels 10,000 SC/ST promotion cases in Karnataka : Tripura Govt’s SC/ST promotion case waits final verdict on march 7, Apex Court likely to cancel all SC/ST reservations in promotions across Tripura
TIWN Feb 27, 2017
Supreme Court cancels 10,000 SC/ST promotion cases in Karnataka : Tripura Govt’s SC/ST promotion case waits final verdict on march 7, Apex Court likely to cancel all SC/ST reservations in promotions across Tripura
PHOTO : Datamohon Jamatia, CM Manik Sarkar may face hardtime with the SC / ST promotion case at Supreme Court. TIWN File Photo.

NEW DELHI / AGARTALA, Feb 27 (TIWN): Manik Sarkar led CPI-M Govt’s nepotism, manipulation to appease SC/ST vote bank across Tripura will get a tight slap when SC/ST promotion case verdict to be announced by Supreme Court (SC) on March 7,2017. Supreme Court recently canceled promotions of over 10,000 SC/ST Govt Employees in Karnataka causing mass demotions across Karnataka. So, its just a matter of time when Tripura Govtemployees (mostly CPI-M backed union members) those who were promoted based on SC/ST criterias will face demotion back to earlier posts causing massive face-loss to Manik Sarkar’s Govt before 2018 Assembly Polls.The fate of nearly 10,000 dalit government employees hangs in the balance in Karnataka as they face the threat of being demoted, with the Supreme Court recently scrapping reservation in promotions.

Just like Tripura CPI-M Govt, Karnataka Congress government is gearing up to challenge the apex court order and is taking great pains to work out a please-all formula to prevent political damage ahead of the 2018 assembly polls.

"We are in a sensitive and tricky situation. If we fail to stand by the dalits, they will brand our party anti-dalit, which could have a huge impact on our election prospects.And if we decide to fight for them, the other backward and upward communities will view us with contempt," said a worried senior minister.

Law and parliamentary affairs minister TB Jayachandra said the government is in the process of seeking the opinion of the accountant general (AG) on what best can be done."Based on his inputs, we will take a final call," he added.

On February 9, the apex court had struck down the consequential seniority in promotions awarded by the Karnataka government for SC/ST employees since 1978. It fixed a three-month period for demoting those promoted under the reserved category. The government can file an appeal within the period.

This can be a cause of worry for the government, given the vast number of SCST officials enjoying plum posts because of consequential seniority. On the other hand, those under the general and other backward categories, who are awaiting promotions for years, may finally get their due.

CPI-M Govtnow is in trouble after relying upon the words of former Law secretary DM Jamatia’s words. Due to Jamatia’s manipulating role over legal decisions of Tripura High Court, all the promotions are muffled in Tripura. Allegations are coming that former Law secretary DM Jamatia had violated not only the rules, but he also violated the statement of Tripura High Court when he was giving his statement to Tripura govt. Although challenging the High Court, Govt. of Tripura had appealed in the Supreme Court, but govt. failed to fill the vacant posts since the promotions of govt. employees were also stopped.

D M Jamatia’s statement against the High Court decision created much confusion among the public regarding reservation policy declared by HC. However, govt.’s efforts to save its corrupt officers led D M Jamatia to write the statement as per his wish. According to the hearing of Tripura HC, it was written in (Page 50, Pargaraph 71) that “if a person is recruited on the basis of general merit list then also s/he will be able to enjoy then reservation in future if s/he doesn’t surrender the certificate”. But while explaining High Courts decision to govt. DM Jamatia wrote, “If any person recruited as SC & ST, in future they will not be promoted on the basis of their SC-ST criteria”.

Based on D M Jamatia’s statement, state govt. took this matter to Supreme Court, however Supreme court also said, that govt. can promote a person on the basis of reservation, but this can only done according to the demand of the situation and govt. has to give enough proof and logistical data for this. 

However, it’s to be mentioned that relying upon DM Jamatia’s statement, Tripura Govt. has stepped into own trap by going to the Supreme Court. 
However, presently there are many cases pending at Supreme Court regarding reservation and promotion and the worry for state govt. is that the matter of reservation appealed to the Supreme Court, when various issues in whole India regarding reservation is going on. 
But, this is not only affecting the promotion of the employees but due to this obsolete situation new recruitments are also stopped, and this has become a matter of worry for the youth of state Tripura.
On the other hand Tripura HC Judge on November 2014, also drawn the example of the case of M Nagraj, who was fighting with India govt.  at Supreme Court. Another example of UP’s chief secretary who had to announce that after 1997, the promotions which had been done, all  the persons will have to go back their earlier position.
High Court earlier announced that any govt. has to maintain the codes and conducts while promoting a person, which Tripura Govt. didn’t do. 
It’s to be mentioned that Tripura High Court on November 2014 declared that the claims against Tripura govt. had brought were valid enough.

In the judgment it was written that “The petitioners who belong to the general category claim that they have been deprived of the right to equality as the State has granted promotions to the reserved category candidates in total violation of the law laid down by the Apex Court in M. Nagaraj and others vs. Union of India and others”.  “The Act and rules framed by the State are unconstitutional and illegal as they violate the law laid down by the WP(C) 189 of 2011; WP(C) 109 of 2011; WP(C) 124 of 2012. Page 7 of 78 7 Apex Court.

It is also submitted that the State without collecting or considering the relevant and requisite quantifiable data, cadre-wise as required by law has granted reservation in promotion to the reserved categories”.
Hence it is to be mentioned here that HC on its hearing also said that state govt had followed none of the codes and conducts of the promotion act had been maintained by govt. while promoting the officers. It was also declared that reservation post will not be longer if in any case it is found that s/he has been promoted without proper way of promotion. But what DM Jamatia explained and what HC declared, there is a difference between them. 

So, March 7,2017 Supreme Court Judgement likely to deliver a massive blow to Manik Sarkar Govt’s vote banks across Tripura as thousands of SC/ST Govt employees will face demotions.

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