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Karnataka Reservation act, 2018 is an act for determining the consequential Seniority of the Government Servants and their promotion on a reservation basis for posts in the State of Civil Services. Karnataka’s government has announced several policies in factor of Government servants of Reservation in promotion particularly belonging to Scheduled tribes and scheduled tribes as per the order by the government. Paragraph 7 of the Act suggests that persons promoted by seniority are in accordance with order or occasion as per rule 4 or 4A. It may supplement the 1957 Karnataka Government Servants (Seniority) Rules.
Background of the Issue
The State of Karnataka passed a very similar law in 2002, which was put forth by the constitution in 2006, also known as Nagraj Case. The bench laid down some conditions that needed to be sufficed before promotion would be granted. The collection of appropriate and significant data by the State implied the backward nature of the class and representation shortage of the class in the public employment background.
The State will see if the provision for Reservation is not in violation with a limit of 50% or disparage the layer or extend Reservation. The State should ensure that the efficiency overall should not be compromised. A law in the year 2002 was challenged again in 2011 and 2017. The SC held it to be unparalleled in BK Pavitra Case by stating that it does not fulfil conditions presented by Nagraj Case. Then the government of Karnataka created a Ratna Prabha Committee for report submission on three conditions laid in the Nagraj Case: the backward and inadequate SC and ST services by the State and causing an impact on efficiency of administration. On this particular recommendation, the Karnataka started government passed a new reservation act 2018, which sufficed the condition of the Nagraj case and is now implemented by the SC.
Seniority Determination for Promotion of the Government Servants Based on Reservation
Non-toleration of anything contained in any other law for the force being the time, the government employees belonging to the reserved category such as SC and ST promoted accordingly with reservation policy in promotion provided for order of Reservation shall be implemented to 8 consequential seniorities. The criteria for this seniority are verified by service length.
The criteria are that the seniority of the government employees belonging to SC and ST and unreserved category promoted to cadre simultaneously and in a typical fashion. This should be determined based on consequential seniority in the lower cadre. According to recruitment rules, each candidate’s number of posts available in promotion should be evaluated. The roster will apply separately to the number of vacancies, so calculation in the lower category. The serial numbers of roster points signified in order of Reservation are only made for smooth facilitation and calculation of the vacancies and places for promotion reservation act 2018.
Action Is Taken for Validation Under the Provisions of This Act
Non tolerating anything engulfed in a judgment, decree or order of the court or any contrary authority to sections 3 and 4 of the Act. Actions taken or in respect to promotion action taken should be done since 27th April 1978 as per the sections 3 and 4 of the Act.
No suit and other proceedings should be confined or made to continued in court or tribunal or presented before the review of promotions regarding the Act provisions. No court even enforces or implements a decree or reviews the direction of cases contrary to the reservation Act 2018 provision.
Conclusion
Karnataka Reservation act, 2018 is an act for determining the consequential seniority of the Government Servants and their promotion on a reservation basis for posts in the State pertaining to Civil Services. The State of Karnataka passed a very similar law in 2002, which was put forth by the constitution in 2006, also known as Nagraj Case. On a particular recommendation, the Karnataka started government passed a new Act in the year 2018, which sufficed the condition of the Nagraj case, and the SC now implements it. The criterion is that the seniority of the government employees belonging to SC and ST and unreserved category promoted is determined based on consequential seniority in the lower cadre.
