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SC, ST staff entitled to seniority
NEW DELHI, JAN. 15. Government employees belonging to the Scheduled Castes and the Scheduled Tribes (SCs/STs) are entitled to seniority consequent upon their elevation under the reservation rules with effect from June 1995, it was announced on Monday.
An official statement said the President, K.R. Narayanan, had given his assent to the Constitution (92nd amendment) Bill, 2001, notified in the Gazette as the Constitution (85th amendment) Act 2002, amending Article 16 (4a) of the Constitution.
The amendment provides for ``consequential seniority'' to the SCs/STs for promotion in Government service by virtue of the rule of reservation.
A Supreme Court judgment in 1995 had stipulated reservation only at the entry point in service and not in promotion.
It was given effect through an office memorandum in January 1997.
The amendment, taking effect from June 17, 1995, protected the interest of Government servants belonging to the SCs/STs by negating the office memorandum.
The judgment's adverse effect on the interests of the SCs/STs in Government services has been superseded by the amendment.
The office memorandum stood withdrawn and the status quo as in 1997 and earlier restored.
- UNI
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