Strongly opposing the state government’s approach towards Reservation in Promotion policy, Chhattisgarh Sarvhit Sangh (CSS) has submitted a letter to the Chairman, Chhattisgarh State Power Company Limited (CSPCL), alleging that the legal clarity is absent in Chhattisgarh on the issue of Reservation in Promotion.
Sangh general secretary Ashish Agnihotri said that the government is planning to implement 50 per cent reservation in promotion without preparing quantifiable data. He said that the Chhattisgarh Power Company has plans to fill upto 50 per cent posts in the company through the promotion of SC/STs. In M Nagraj case, the Supreme Court in 2006 had clearly mentioned that reservation in promotion upto 50 per cent cannot be given without quantifiable date. The state governments concerned should prepare quantifiable date for the implementation of reservation in promotion. Efficiency of administration, inadequacy of representation, backwardness and creamy layer are four elements which should be examined before giving upto 50 per cent promotion in reservation to SC/STs, Agnihotri said.
Moreover, Chhattisgarh High Court had in 2019 quashed Rule 5 of Promotion Rule 2003 while hearing a petition filed by Sharad Shrivastav, challenging the reservation in promotion. The HC asked the state government to prepare new rules. In 2020, the GAD made new rules which, according to Agnihotri, did not solve the problem. Agnihotri said that the new rules were made and reservation per cent was increased to 12 per cent to 13 per cent to appease certain category people. On it, Agnihotri said the GAD decision was challenged by B P Tiwari in the High Court. Upon hearing the petition, the High Court ordered status quo on reservation in promotion and asked for regular promotion. As HC order was not implemented, Agnighotri filed a contempt of court petition in the High Court and hearing of which was in the process.
It is to be mentioned, promotion in Chhattisgarh Power Company is pending since February 2020, Agnihotri said. He said that a Committee was formed by the state government for preparation of quantifiable date but the committee was yet to implement it.