Karnataka Consequential Seniority Act, 2017 (Act No. 21 of 2018)

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 Here's a detailed summary of "The Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Act, 2017," along with practical examples for each relevant section:

Karnataka Consequential Seniority Act, 2017 (Act No. 21 of 2018)

Objective: To extend consequential seniority to Scheduled Caste (SC) and Scheduled Tribe (ST) government servants promoted under reservation policy in Karnataka, retroactively effective from April 27, 1978.

Detailed Summary with Sections and Examples:

Section 1: Short Title and Commencement

  • Summary: This Act is called the Karnataka Consequential Seniority Act, 2017. Sections 3 and 4 are effective retrospectively from June 17, 1995; other provisions apply immediately.

  • Example: If a government servant from SC/ST was promoted in 1996 under reservation, their consequential seniority from that promotion date is protected from June 17, 1995.

Section 2: Definitions

  • Summary: Defines key terms such as Government, Government Servant, Reservation Orders, and Backlog.

  • Example: "Backlog" refers to reserved promotional vacancies for SC/ST that remain unfilled due to the unavailability of eligible candidates.

Section 3: Determination of Seniority

  • Summary: SC/ST employees promoted under reservation policies are entitled to consequential seniority based on length of service within the cadre. Inter-se seniority is determined based on their seniority in the lower cadre, not roster points.

  • Example: If three Tahsildars (A - SC, B - Unreserved, C - ST) are promoted simultaneously as Assistant Commissioners, their seniority as Assistant Commissioners mirrors their seniority as Tahsildars (A first, then B, then C).

Section 4: Protection of Existing Consequential Seniority

  • Summary: Protects consequential seniority granted from April 27, 1978 onwards. Existing seniority standings shall remain valid and undisturbed.

  • Example: An SC employee promoted in 1980 under reservation maintains seniority despite subsequent challenges or judicial decisions.

Section 5: Provision for Review

  • Summary: Mandates reviewing existing seniority lists to comply with reservation orders. Excess promotions made against reserved vacancies are adjusted or accommodated by creating supernumerary posts temporarily.

  • Example: If a department promoted SC/ST employees beyond the reserved quota, those excess employees remain on supernumerary posts until regular vacancies arise aligning with their seniority.

Section 6: Power to Make Rules

  • Summary: Grants the state government the power to frame rules for implementing the Act, subject to legislative scrutiny.

  • Example: Government may formulate procedural rules specifying how seniority lists should be revised according to this Act.

Section 7: Power to Remove Difficulties

  • Summary: Allows the government to address unforeseen issues or practical difficulties in implementing the Act through official orders, subject to legislative review.

  • Example: If ambiguities arise regarding interpretation, the government may issue clarifications in the Official Gazette.

Section 8: Repeal

  • Summary: Repeals the previous Karnataka Determination of Seniority Act, 2002.

  • Example: Any rules or procedures established under the 2002 Act cease to operate from the date of this Act’s enforcement.

Section 9: Validation of Past Actions

  • Summary: Validates promotions and consequential seniority granted since April 27, 1978, irrespective of any contrary judicial decisions, and prohibits legal challenges to those actions.

  • Example: An employee promoted under reservation in 1990 cannot have their seniority challenged or invalidated in court based on this Act.

Schedule (Illustrative Example for Section 3):

  • Scenario 1: Vacancies: 1 SC, 1 ST, 1 Unreserved
    Seniority in lower cadre:

    1. A (SC), 2. B (Unreserved), 3. C (ST), 4. D (Unreserved), 5. E (Unreserved)

    Outcome: After promotion to higher cadre, seniority is:

    • A (SC), B (Unreserved), C (ST)

  • Scenario 2: Lower cadre seniority:

    1. A (Unreserved), 2. B (Unreserved), 3. C (Unreserved), 4. D (SC), 5. E (ST)

    Outcome: After promotion, seniority in higher cadre:

    • A (Unreserved), D (SC), E (ST)

This structured summary clarifies each provision with practical scenarios, illustrating the Act’s application clearly.

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