Daijiworld Media Network - Bengaluru (SP)
Bengaluru, Oct 5: The state government has taken a decision to implement Karnataka Extension of Consequential Seniority to Government servants promoted on the basis of reservation (to the post in civil services of the state) Act after October 12 this year, notwithstanding the fact that petition questioning the validity of the act is pending before the Supreme Court.
A unanimous decision in this connection was taken at the cabinet meeting held on Thursday October 4. The government has taken the stand that it will be ready to face adverse consequences if any arising from Supreme Court because of taking this measure. The petition seeking the legality of the law passed to protest the interests of SC/ST employees who have been reverted as a result of the Supreme Court ruling in B K Pavtira case is being heard by the Supreme Court now.
State law and parliamentary affairs minister, Krishna Byre Gowda clarified that the case against the government was heard nine times and that the government had not implemented the act with due respect to the court so far. He noted that the court has not passed any written order to stop implementation of the act. Therefore, he said, the court would be informed during the October 12 hearing that the government will go ahead with the implementation of the said law.
The Supreme Court has orally asked the state not to implement the said law passed by the state with a view to protect interests of reverted SC/ST employees. It has not issued written orders. As the SC/ST employees have taken a tough stand against the government, most of the Congress ministers had brought pressure on the chief minister at the cabinet meeting to give affect to the law immediately. The ministers noted that there is no written order against implementation of the law from the Supreme Court and therefore it would be wise to conditionally implement it.
The ministers also asked the chief minister to inform the court about its decision to go ahead with the implementation of the law when the petition relating to B K Pavitra case comes up for bearing before Supreme Court on October 12. Thereafter, the advocate general was summoned to the cabinet meeting to seek his opinion.
The general opinion was that SC/ST employees might face adverse affect if the law is implemented by overlooking the oral instruction given by Supreme Court now. Therefore, it is said, the advocate general felt that it would be wiser to exercise patience. Finally, the cabinet meeting instructed the advocate general to take steps to inform the Supreme Court about the state's decision to go ahead with implementation of the law, without seeking guidance from the court. With this, the government has firmly gone ahead with the decision to implement the law.