Despite several judgements on 'catch up' rule, Governments are dragging their feet in implementing the decisions of the High Courts. While affirmative action of the government in uplifting the downtrodden is not in question, denying the right to equality before law, guaranteed by the constitution for the large section of the society is not acceptable. Supreme court clearly laid down that the three tests 'backwardness', 'inadequacy of representation' and 'maintenance of efficiency' have to be met to the satisfaction of court for implementing reservations in promotions.
I am re-publishing my earlier blog....
Were you superseded in your career?
You are an upright, honest, hardworking, committed and result oriented person in a public sector undertaking. You have no corruption or other charges against you. Your performance ratings are ‘very good’ or even ‘outstanding’ some times. You have been denied a promotion for no fault of yours but because of ‘Rule of Reservation’ in promotions. How do you feel about it?
Everyone joining an organisation, especially the public sector undertaking, aspires to grow up in the hierarchy and depending on the situation to reach the highest wrung in the pyramid. I myself visualised about my future in the company, I worked with, i.e. the Singareni Collieries Company Limited (SCCL) early in my career.
For mining engineers, in Indian Coal Mining Industry, one has to clear the First Class Mine Manager’s examination under Coal Mines Regulations, to get further promotions in the career. For people clearing the exam in 1st attempt, the growth will be faster than executives of other disciplines. In the process if you do not clear the exam, a junior of your college clearing the exam faster than you can move up ahead of you and become your boss.
This situation also causes heart burn but it can be understood that the person moved ahead is brighter than you or it may be you could not make enough efforts to clear the exam. The cause for the heartburn is your own making, unlike the one mentioned above.
The rule of reservation in promotions was introduced in SCCL in 2003/04, by the time I completed more than 20 years of my service and I was in GM’s rank. Working hardly for three years as GM, I was selected as Director from 1st September 2004.
As per my calculations early in my career basing on the list of mining engineers with their date of retirement etc. published at the end of the Annual reports, I should have reached the number one position in seniority in September 2006 and assuming seniority as criteria I should become Director by that date.
Instead of getting superseded, I had a double yummy by getting selected as Director, superseding three of my senior colleagues. Yes definitely there was heart burn for those three, one fought a court battle for 4 years, one got promoted later as Director and the third one resigned to his fate and worked as CGM, reporting to me till he retired.
I never paid attention to the ROR in promotions as I was not affected by it. It would have been a different story, had I been affected. I would have definitely studied the situation, understand the rules, consulted knowledgeable people about possible remedies and explored all available opportunities. I assure you that I am not trying to be wiser in hindsight.
It should be natural for everyone to be committed to the organisation and has passion for work. At the same time if no fault of his, his career is affected, injustice is done, he should find all possible ways whether anything can be done to correct it.
From the recent happenings, I could understand that there were several judgements of the Supreme Court ever since 1992 (in the aftermath of Mondal Committee report) holding the reservations in promotions as unconstitutional. In spite of several amendments to the constitution, the highest court made it clear that Article 16 (4A), which was inserted through these amendments, was only an enabling provision. In essence, every time a government or the legislature sought to provide reservation in promotions under Article 16 (4A), it would have to pass constitutional muster. While justifying each attempt to provide reservation in promotions, the STATE (definition of state encompasses a government company also) would have to demonstrate backwardness, inadequacy of representation and maintenance of efficiency.
To conclude I am not for or against reservations in promotions, but people affected by any rule should thoroughly understand the laws of the land and our fundamental rights under the Indian constitution.
(I would advise all my friends to read the literature available in public domain: M.Nagaraj And Ors.vs.Union of India And Ors., Ajit Singh And Ors. (I, II, III) vs. State of Punjab And Ors. (1999), Indra Sawhney and others versus Union of India and others (1992), Panneer Selvam & Others vs. Government of Tamil Nadu & others, B.K.Pavitra & Ors vs Union Of India & Ors on 9 February, 2017, WRIT PETITION Nos.45732 of 2016, 1128, 1593 and 39034 of 2017 and W.P.No.36273 of 2017
for understanding the subject)
