Reservation

Querist : Anonymous (Querist) 20 January 2012 This query is : Resolved
I am working as a Senior Assistant ( SA) in a Heads of Department under Odisha Government.
There are 2 Nos of sanctioned posts of Section Officer level-II ( SO L-II) .
Out of which one post is reserved for ST and remaining two meant for UR category.
Only Seniors Assistnats having 7 years experience can be eligible for promotion to the post SO L-II.
The Departmental Promtion Committee (DPC) held during 2008 considered one SC category SA as eligible ST category SA was then not available. Even though exchange of vacancy between ST&SC is not permissible. The SC category SA was pretty junior in the cadre.
Again during 2011, the DPC held that as there is no representation of ST category in the cadre of SO level-II, one ST category SA was recommended for promotion to the post of SO level-II.
After promotion of one ST, reservation in the cadre of SO L-II now stabds at 2( 66%) which violates 50 % ceiling of Honble Supeme court of India and one SA belonging to UR category is being deprived from promotion.
On protest the HOD has moved Government of Odisha stating that promotion of the SC category to the post of SO L-II is erroneous and sought permission for reversion with protection of pay.
In the meanwhile the SC category SO has moved the SC commisison for restrainment of his reversion. There is alos no order from Government in this matter as yet ( six month)
Kindly advise me if any remedy available by approaching Administrative Tribunal.
Jamini Kanta kar

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Raj Kumar Makkad (Expert) 20 January 2012
There is no other option now but to eithr remind the State Govt. or to approach CAT.

Sudhir Kumar, Advocate (Expert) 20 January 2012
state Govt employees are not in CAT jurisdiction. You can move to state tribunal, if any or else to High Court. Please check if you can file with Distt judge.