LexSHIV NATH PRASAD versus SARAN PAL JEET SINGH TULSI & ORS.
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A B c D E F G H [2008] 1 S. C.R. 530 SHIV NATH PRASAD V. SARAN PAL JEET SINGH TULSI & ORS. (C.A. Nos. 1078-1081 of 2005) JANUARY 10, 2008 (A.K. MATHUR AND MARKANDEY KAT JU, JJ.) Constitution of India, 1950: Article 16(4-A) - Provision for reservation in matters of promotion with consequential seniority - HELD: would, as per 85th amendment, be effective w.e.f. 17.6.1995 i.e. date from which 77th amendment came into force - On facts, since seniority would be determined as per relevant rules or Government circulars as applicable in the year 1985 and at that time there being no provision for consequential seniority in such matters, incumbent was not entitled to seniority on account of his accelerated promotion against reserved quota - Madhya ,Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 - Madhya Pradesh Lok Seva (Anusuchit Jatiyon, · Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Sansodhan Adhiniyam, 2002 - M.P Civil Service (General Conditions of Service) Rules, 1961. The appellant was selected as Assistant Engineer in the Madhya Pradesh Public Works Department through the State Public Service Commission under the quota reserved for the Scheduled Castes. In the gradation list dated 1.4.1982 the reserved category candidates were shown below those of the general category. The appellant was promoted as Executive Engineer against the reserved post in the year 1980, whereas the respondents, though senior to the appellant, were promoted in the general quota in the year 1985. In the provisional gradation list published in the year 1991 the appellant and a few 530 '" )- ~ .... 1' • SHIV NATH PRASAD v. SARAN PAL JEET SINGH 531 TULSI & ORS . ... other candidates promoted as Executive Engineer agaim~t A the reserved posts were shown senior to the general category candidates who were senior as per the gradation list of 1982 but promoted later to the post of Executive Engineer in the general quota. This was challenged before the State Administrative Tribunal. The Tribunal directed 8 that all the Executive Engineers promoted as such in the ~- general quota and senior to the appellant Scheduled Caste candidate, be considered for promotion to the post of Superintending Engineer; and, consequently, to further promotion as Chief Engineer from the date prior to the c date on which the appellant was promoted. The High Court declined to interfere. In the instant attpeal, it was contended for the appellant-reserved ca gory candidate, that in view of the 17th and 85th amendments in the form of Article 16(4-A) D i of the Constitution, incorporating the concept of .>. ~ consequential seniority to the candidates promoted against the reserved quota, the law laid down in Ajit Singh- I* and Ajit Singh-II** lost its basis and, therefore, the same was no more applicable. E Dismissing the appeals, the Court "" HELD: 1.1 The 17th amendment in the Constitution -+ was inserted by Article 16 (4A) with effect from 17.6.1995 enabling the State to make provision for reservation in F , • the services under the State in favour of the Scheduled Castes and Scheduled Tribes in matter of promotion which was not there prior to the amendment, but it did not provide any benefit of seniority. Therefore, again Article 16 (4A) was amended by the Constitution (85th G Amendment) Act, 2001 with effect from 17 .6.1995 providing 'consequential seniority' as a result of which the candidates who have been given promotion against reserved category could possibly claim consequential seniority. In fact, both these amendments in Article 16 (4A) H 532 SUPREME COURT REPORTS [2008] 1 S.C.R. A facilitated the rules to be framed by the State to provide ~ reservation in promotion and consequential seniority with effect from 17.6.1995. [para 7] [540-C, D, E] 1.2 Earlier the Madhya Pradesh Lok Seva (Anusuchit B Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 was in force whereunder it was only provided that the State Government could by notification, provide roster-point -1 promotion to the Scheduled Castes and Scheduled Tribes in the services. But, in pursuance of the 77th and 85th c constitutional amendment, the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Sanshodhan Adhiniyam, 2002 wa
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