B.K. PAVITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals involve the question of validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2002 (the impugned Act). The Act inter alia provides for grant of consequential seniority to the Government servants belonging to Scheduled Castes and the Scheduled Tribes promoted under reservation policy. It also protects consequential seniority already accorded from 27th April, 1978 onwards.

(2.) The validity of the Act was challenged before this Court by way of Writ Petition (Civil) No.61 of 2002 titled M. Nagaraj and others v. Union of India and others. The issue referred to larger Bench in the writ petition along with connected matters was decided by this Court on 19th October, 2006. While upholding the constitutional validity of the Constitution (seventy-seventh Amendment) Act, 1995; the Constitution (Eighty-first Amendment) Act, 2000; the Constitution (Eighty-Second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001, individual matters were remitted to the appropriate Bench, (2006) 8 SCC 212. Thereafter, the matter was remitted back to the High Court for deciding the question of validity of the said enactment.

(3.) The petition was re-numbered by the High Court as Writ Petition (Civil) No.14672 of 2010. The High Court by the impugned judgment has held the Act to be valid. The question framed for determination by the High Court is as follows :