Allahabad: The Allahabad High Court today
upheld a provision of government service rules in Uttar
Pradesh whereby Scheduled Castes and Scheduled Tribes, who had
joined services availing reservation, had also been entitled
to "consequential seniority" while deciding promotions.
Passing the order, a division bench comprising Justice S
K Singh and Justice Sabhajeet Yadav observed "it can not be
said that by insertion of concept of consequential seniority
the Article 16 (right to equality of opportunity) of the
Constitution of India stands destroyed and abrogated."
The order came while dismissing the writ petition of
Mukund Kumar Srivastava, an executive engineer in rural
engineering, who had challenged Rule 8-A of the UP government
service seniority rules, 1991, whereby entitlement of
consequential seniority had been introduced.
The court ruled "we are of the opinion that Rule 8-A has
merely effectuated the provisions contained under Article 16
(4A)) of the Constitution of India, whereby benefit of
consequential seniority has been given to the members of the
SC/ST due to reservation in promotion by obliterating the
concept of catch-up rule of seniority."
The court also turned down the petitioner`s prayer for
declaring the aforesaid Rule as ultra vires of the
Constitution, but said he could place the claim of his own
promotion before the UP Public Service Tribunal.