What is consequential seniority Quora?

Consequential seniority means that seniority attained due to some consequences will be retained, no matter what. For example. 2 persons A and B. Both working at level-1 in a job. A is 3 years senior to B and is in general Category.

What is catch up rule?

As per an earlier judgement of apex court, ‘Catch up’ rule means that if a senior candidate of general category is promoted after SC/ST candidates, he would regain his seniority in promotion over the juniors promoted ahead of him under the reserved vacancies.

Is reservation applicable in promotion?

In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

Is there any reservation for OBC in promotion?

In what is being described as having far-reaching consequences for those from the Scheduled Castes, the Scheduled Tribes, and Backward Classes in the bureaucracy, the State Government has said that people from these communities, appointed to State jobs on merit, should not be considered part of the reservation matrix …

What is 85th amendment of Indian Constitution?

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What is 85th Amendment?

In 2001, Parliament approved Constitution (85th Amendment) Act , permitting promotions with consequential seniority to government service with a view to give effect to the 85th Amendment to the Constitution, the State of Himachal Pradesh issued instructions. Supreme Court of India. Prem Kumar Singh & 11 Ors.

What is 81st Amendment?

The Government, after considering various representations, reviewed the position and has decided to make amendment in the constitution so that the unfilled vacancies of a year, which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) of …

Which are the castes comes under OBC?

The term of the commission has been extended to 31 May 2019. Its report stated that prime beneficiaries of 97\% OBC reservation includes Yadav, Kurmi, Jat (Jats of Rajasthan except those of Bharatpur and Dholpur district are in Central OBC list), Saini, Thevar, Ezhava and Vokkaliga castes.

What is 52nd amendment Act?

A law was sought to limit such frequent defections in India. In 1985, the Tenth Schedule of the 52nd amendment to the Constitution of India was passed by the Parliament of India to achieve this.

What is meant by consequential seniority in government jobs?

“Consequential seniority” is when an SC/ST employee is promoted purely on reservation basis despite another person waiting for promotion is actually senior to him/her. The Centre wanted a total of 22.5\% (15\% for SC+7.5\% for ST) posts reserved for promotion for SC/ST in public employment.

What is the meaning of consequential seniority in IAS?

Consequential Seniority allows candidates from reserved category to retain seniority over general category candidates. Therefore, if a candidate from the reserved category is promoted before a general category candidate due to reservation in promotion, then the reserved candidate will retain seniority for the subsequent position.

What is the difference between consequential seniority and catch up seniority?

In contrast, there is another rule, i.e. catch up rule. According to this, A will become senior owing to his earlier senior position/or more experience. Hope it clears the doubt.. In Laymen language Consequential Seniority means elevation to a senior position consequential to circumstances, and not through normal rules.

Is consequential seniority a constitutional right?

In effect, consequential seniority undoes the catch-up rule and the Supreme Court was not convinced of its constitutionality. With the 85th Amendment Act in 2001, the Parliament included the term ‘consequential seniority’ in Article 16 (4A).