Amendment status not verified — confirm the current text below against the official source.
Schedule. STATEMENT OF OBJECTS AND REASONS The Government of Karnataka has introduced the policy of reservation in promotion in favour of the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes as per the Government Order No. DPAR 29 SBC 77 dated 27-4-1978 (henceforth called, “Reservation Order”). Paragraph 7 of the Reservation Order stipulates that the inter-se seniority amongst persons promoted in accordance with that order on any occasion has to be determined, in the manner provided in rule 4 or 4-A, as the case may be, of the Karnataka Government Servants (Seniority) Rules, 1957. The Supreme Court of India, in its Judgment dated 1-12- 2000, in the case of M.G. Badappanavar and Another Versus State of Karnataka and others in Civil Appeal Nos. 6970-6971 of 2000 with Civil Appeal No. 6972 of 2000 (AIR 2001 SC 260) while dealing with the issue of determination of seniority inter-se between the persons belonging to the reserved categories and the general category, in pursuance of the ratio of the decision of the Constitution Bench in Ajit Singh and Others (II) Vs State of Punjab and others-(1999) 7 SCC 2 209- has examined rule 2(c), rule 4 and rule 4-A of the Karnataka Government Servants’ (Seniority) Rules, 1957 and has observed that there is no specific rule therein permitting seniority to be counted in respect of a person promoted against a (reserved) roster point. While it is true that rules 2(c), 4 and 4A of the Karnataka Government Servants (Seniority) Rules, 1957 do not cover promotions made on the basis of roster, paragraph 7 of the Reservation Order introducing the policy of reservation in promotion stipulates the manner of determining the inter-se seniority amongst persons promoted on any occasion of promotion (on the basis of reservation). This provision is independent of the said rules contained in the Karnataka Government Servants (Seniority) Rules, 1957 as the Reservation Order is a self- contained code regulating promotions on the basis of reservation. Subsequently, the Parliament has enacted the Constitution (Eighty Fifth Amendment) Act, 2001 with retrospective effect from 17-6-1995 providing for consequential seniority in the case of promotion on the basis of reservation. Therefore, it is considered necessary to remove any ambiguity and to clarify that the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes promoted in accordance with the policy of reservation in promotion contained in the Reservation Order shall be entitled to seniority as it is available to the Government Servants belonging to the other categories. Since the matter was urgent and the Karnataka Legislative Council was not in session, the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Ordinance, 2002 (Karnataka Ordinance 2 of 2002) and The Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) (Amendment) Ordinance, 2002. (Karnataka Ordinance 3 of 2002) were promulgated to achieve the above object. This Bill seeks to replace the said Ordinances. Hence the Bill. 3 KARNATAKA ACT 10 of 2002 (First published in the Karnataka Gazette Extraordinary of the fourteenth day of August 2002) THE KARNATAKA DETERMINATION OF SENIORITY OF THE GOVERNMENT SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS IN THE CIVIL SERVICES OF THE STATE) ACT, 2002. (Received the Assent of the Governor on the twelfth day of August 2002) An Act for Determination of Seniority of the Government Servants Promoted on the Basis of Reservation to the Posts in the Civil Services of the State: Whereas the Government of Karnataka has introduced the policy of reservation in promotion in favour of the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes as per the Government Order No. DPAR 29 SBC 77 dated 27.4.1978. Whereas paragraph 7 of the Reservation Order stipulates that the inter-se seniority amongst persons promoted in accordance with that order on any occasion has to be determined, in the manner provided in rule 4 or 4-A, as the case may be, of the Karnataka Government Servants (Seniority) Rules, 1957. Whereas the Supreme Court of India, in its Judgment dated 1 -12-2000, in the case of M.G. Badappanavar and Another Versus State of Karnataka and others in Civil Appeal Nos. 6970-6971 of 2000 with Civil Appeal No. 6972 of 2000 (AIR 2001 SC 260) while dealing with the issue of determination of seniority inter- se between the persons belonging to the reserved categories and the general category, in pursuance of the ratio of the decision of the Constitution Bench in Ajit Singh and Others (II) Vs State of Punjab and others-(1999) 7 SCC 209 has examined rule 2(c), rule 4 and rule 4-A of the Karnataka Government Servants’ (Seniority) Rules, 1957 and has observed that there is no specific rule therein permitting seniority to be counted in respect of a person promoted against a (reserved) roster point. Whereas while it is true that rules 2(c), 4 and 4A of the Karnataka Government Servants (Seniority) Rules, 1957 do not specifically provide for giving seniority in respect of promotions made on the basis of roster, paragraph 7 of the Reservation Order introducing the policy of reservation in promotion stipulates the manner of determining the inter-se seniority amongst persons promoted on any occasion of promotion (on the basis of reservation). This provision is independent of the said rules contained in the Karnataka Government Servants (Seniority) Rules, 1957 as the Reservation Order is a self- contained code regulating promotions on the basis of reservation. 4 Whereas subsequently, the Parliament has enacted the Constitution (Eighty Fifth Amendment) Act, 2001 with retrospective effect from 17-6-1995 providing for consequential seniority in the case of promotion on the basis of reservation. Therefore, it is considered necessary to remove any ambiguity and to clarify that the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes promoted in accordance with the policy of reservation in promotion contained in the Reservation Order shall be entitled to seniority as it is available to the Government Servants belonging to the other categories. Be it enacted by the Karnataka State Legislature in the fifty third year of the Republic of India, as follows:-