Ranchi, Nov. 6: Jharkhand High Court on Thursday stayed the 85th constitutional amendment in the state, which allows Scheduled Caste and Scheduled Tribe (SC/ST) government employees to avail of benefits like promotion and pension.
The direction was given by the division bench of Chief Justice P.K.I. Balasubramanyan and Justice Tapen Sen after hearing a writ petition filed by Praveen Shankar and others. The petitioners appealed to the court to quash the 85th amendment Act, 2001, and the state government notice that allows ST/SC government employees promoted by virtue of reservation/roster rule to avail of the provision of consequential seniority.
The case was filed when the Centre issue a notification allowing SC/ST employees, promoted by virtue of reservation/roster, to avail of the consequential seniority provision. The notification stated that the order would be effective from June 17, 1995. The state government immediately issued another notice announcing the implementation of the provision.
Earlier the petitioner's advocate Dilip Jerath said that the Supreme court had passed an interim order directing that the seniority of the general category candidates should not be disturbed as the 85th Amendment Act was still pending in the apex court. He said Patna High Court had also passed an interim order in this regard following the Supreme Court’s order.
Federation plea
The Federation of Chamber of Commerce and Industries (FCCI) today expressed displeasure over the eviction drive launched by the district administration in the capital last month. It has written to deputy commissioner Pradeep Kumar requesting him to hold a meeting with FCCI representatives. “We will decide on a course of action after we meet the district officials,” said FCCI secretary Bishnu Buddhia.
The administration has been marking the shops on the Main Road which
have been built illegally and noticces have also been issued to the
owners to rectify the errors. “The administration has sent a short
notice and is not enough. The move is arbitrary and we are not being
ghiven any oppurtunity to expalain our views on the matter,” said FCCI
senior vice president Kamal Bajoria