High Court stays reservation in promotions to Haryana scheduled castes employees

Saurabh Malik

Chandigarh, January 15

More than a month after a Single Judge of the Punjab and Haryana High Court permitted the State of Haryana to proceed further with promotions in accordance with instructions directing reservation in promotion to scheduled castes employees, a Division Bench of the Punjab and Haryana High Court on Monday ordered a stay.

The Bench of Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary also fixed the matter for further hearing on February 7 before asserting: “In the meantime, no further promotions shall be made.”

The Bench also granted Haryana one more opportunity to assist the court, while allowing the State counsel’s prayer.

The direction came on appeals filed by Kamaljeet Singh and other petitioners through advocates Saurav Bhatia, Sunil K. Nehra, Robin Lohan, R.P.S. Bara, Kuljinder Singh Billing and Nidhi Sharma.

The Single Bench had, in its order, also made it clear that the promotions in accordance with the impugned instructions dated October 7, 2023, would be subject to the decision in the writ petitions challenging the instructions whereby human resources department had directed Haryana government departments to grant reservation in promotions to scheduled castes employees.

The reservation was to be granted in all the cadres of Group A and B posts to the extent of 20 per cent of the sanctioned posts of promotional quota.

Kamaljeet Singh and other petitioners had challenged the instructions on four grounds, including the plea that the exercise to assess the inadequacy of representation of scheduled castes was to precede the formulation of opinion by the State Government to provide reservation.

It was to be done for each cadre separately and not to a group of posts.

It was also contended that the power to provide reservation was with the State government and could not be delegated to the departmental promotions committee. Besides this, it was necessary to exclude the creamy layer belonging to scheduled castes before providing reservation in promotional posts and the exercise was required to meet the parameters of Article 335.

Taking up the matter, Single Judge had asserted the court at the current stage was prima facie satisfied with the State’s stand. But the issue was required to be further delved into after the written statement has been filed by the State and the persons affected.