The High Court took the action in the light of Supreme Court's judgement against promotion on quota basis. All SC/ST officers are likely to be placed back on seniority list as they were before being promoted. All such officers in State Government Service are to be reverted. However State Government is reluctant to implement SC order for political considerations.
The Apex Court passed an order on December 7, 2010 upholding Rajasthan HC order striking down the state government's notifications to grant reservation in promotions and consequential seniority to SC/ST employees and held that benefit of reservation unlawful in promotions to state government SC/ST employees.
It was argued before the single bench of justice M N Bhandari that the February 5, 2010 HC order categorically held that no reservation was permissible in promotions in the state services since the Rajasthan government had failed to fulfill the conditions laid down by the Supreme Court in the M Nagraj Case judgment on the Constitutional provision of reservation in promotions in October 2006.
The HC had also struck down the state government's notifications of December 28, 2002 and April 25, 2008. The state government then filed a special leave petition against the HC order, but SC dismissed the government appeal on December 7, 2010.
The petitioners argued that the reserved category officials who had been promoted before December 7, 2010 in the PWD and other departments were now due to be reverted hence they should be stopped from writing Annual Personal Reports of the officials who are likely to become senior after implementation of SC order.
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