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Reservation in promotion Ordinance returned unsigned by Governor

  • The Governor has asked for an explanation as to the emergency of issuing an Ordinance
  • Chief Minister is expected to send it back to the Governor with suitable details 
  • The ordinance proposes reservation in promotion for government employees
Reservation in promotion Ordinance returned unsigned by Governor

Governor VR Vala has returned an Ordinance issued by the State government to provide reservation in promotion for government employees without signing, questioning the emergency of issuing an Ordinance in this regard, reports Kannada Prabha.

The State government had issued an Ordinance amending the Karnataka Civil Services (General Appointments) Act 1978, with an intention to reinstate the reservation in promotion facility, which was about to slip by due to an order by the Supreme Court. However, the governor has now sought justification of the emergency of issuing such an Ordinance and hence returned the file unsigned.

The file was returned to the State government on Friday to the Secretary, Department of Parliamentary Affairs and Legislation. He has verified the questions raised by the governor and forwarded it to the Department of Personnel and Administrative Reforms. From there, it has been received by the Chief Minister’s secretariat. The Chief Minister will look at it and with suitable details will submit it back to the Governor.Although the government has clearly mentioned the urgency in issuing such an ordinance, the Governor has sought for more information, it is reported. 

The Ordinance was issued after the legislative assembly sessions and hence it was not possible to form a law. Currently, there are no indications of calling for an assembly session. Hence an Ordinance was issued, is what the explanation the government is providing, reports Kannada Prabha quoting the sources.

The Supreme Court handling a case of BK Pavitra versus Central Government (February 9, 2016) had issued an order that while providing reservation in promotion under the KCSR Act 1978, Under the Constitution Section 16 (4A), representative inadequacy, backwardness and general inefficiency were not considered for reservation. Hence reservation cannot be considered for promotion. It had also indicated that the order had to be implemented within six months. However, the State government had submitted to the Supreme Court an application seeking revision of the order. Meanwhile, it had issued an ordinance amending the Karnataka Civil Services Act. 

 

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