SRINAGAR: The Jammu and Kashmir Government is keeping promotional vacancies and roster points earmarked for reserved categories vacant pending a final decision by the Supreme Court on reservation in promotions, the Legislative Assembly was informed.
The Government said the promotional slots meant for reserved-category employees are being protected in accordance with Circular No. 10-JK(GAD) of 2021 dated March 5, 2021, under which departments have been asked not to fill the reserved positions until the litigation before the Supreme Court is finally decided.
The disclosure was made in response to Starred A.Q. No. 1/6/376 tabled by MLA Javaid Iqbal on reservation in promotion for Scheduled Castes, Scheduled Tribes and other reserved categories.
The Government confirmed that the J&K Reservation Act, 2004 and the Jammu and Kashmir Reservation Rules, 2005 provide for reservation in promotion for employees belonging to Scheduled Castes, Scheduled Tribes and other Socially and Educationally Backward Classes.
On the status quo ordered by the Supreme Court, the Government said no application seeking modification, review or vacation of the order had been filed, according to available records. However, an application seeking clarification of the status quo has been filed before the Supreme Court in Asgar Ali versus State of J&K and other clubbed matters, which remains pending consideration.
The Government said departments are maintaining rosters showing posts reserved for SC and ST employees in accordance with the J&K Reservation Rules, SRO-144 of 2008 and Circular No. 10-JK(GAD) of 2021.
The Government was also asked whether it proposed further legislative or legal measures, including fresh intervention before the Supreme Court or amendments to legislation, to safeguard the promotional interests of SC and ST employees.
It said no further action or legislative measure could be taken at present because the matter is sub judice before the Supreme Court. Any such action, it said, would be considered after the court pronounces its judgment.
