Amend Constitution for OBC quota in promotions: PMK to Centre

Pattali Makkal Katchi on Saturday urged Centre to come forward to amend Constitution to ensure promotions for Or Backward Classes in government service.

A day after Mras High Court declared ultra vires and unconstitutional Tamil Nu government fixing seniority and conferring promotions for its employees based on reservation, PMK wanted state government and those committed to social justice to exert pressure on Centre on matter.

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Citing judgment, PMK founder-leer S Ramoss said when viewed legally and on touchstone of Supreme Court guidelines High Court verdict can neir be faulted r criticised. At same time, when looked through prism of social justice, denying backward class people, ir rights on unreasonable grounds is t acceptable, he said in a statement.

" basis of social justice is about giving reservations t only in appointments but also in promotions; how it can be social justice if backward and most backward classes retired from same posts to which y were appointed."

When promotions for Scheduled Castes and Tribes faced a threat in Central services, government opted Constitution (117th Amendment) Bill, 2012 and ensured reservation in promotions for m, he said ding by making a similar amendment, promotions for OBCs can be ensured.

"Hence, Central government should come forward to opt a Constitutional amendment (Bill) and Tamil Nu government and those concerned about social justice should exert pressure on Union government," PMK top leer said.

On Friday, High Court h held State government's option of roster point system in fixing seniority of government servants was thing but an indirect way of providing reservation even beyond 69 per cent. Section 40 of Tamil Nu Government Servants (Conditions of Service) Act, 2016 that governs seniority in service as per rule of reservation and order of rotation and section 70 that validated it twithstanding any judgment were declared unconstitutional.

Also, a provision which gave a retrospective effect to seniority aspect covered under section 40 was also declared unconstitutional. A Division bench of Justices MM Sundresh and RMT Teekaa Raman, pointing to State government taking umbr under Article 16(4) of Constitution that facilitates reservations, h held that government cant take refuge under this provision if re is constitutional amendment to allow it. 

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