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85th Amendment Judgement 2013 for Himachal Pradesh in Supreme Court- Vijay Kumar Heer

85th Amendment Judgement 2013 for Himachal Pradesh in Supreme Court- Vijay Kumar Heer

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Published by: VIJAY KUMAR HEER on Sep 20, 2013
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10/31/2013

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REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONINTERLOCUTORY APPLICATION NO.6 OF 2012INSPECIAL LEAVE PETITION (C.) No. 30143 OF 2009H.P. Scheduled Tribes EmployeesFederation & Anr. AppellantsVersusHimachal Pradesh S.V.K.K. & Ors. …RespondentsWithCONTEMPT PETITION (C.) NO. 91 OF 2013INSPECIAL LEAVE PETITION (C.) No. 30143 OF 2009J U D G M E N TSURINDER SINGH NIJJAR, J.1.
This Interlocutory Application No.6 was filed on16
th
March, 2012, by the appellants herein in theS.L.P. (Civil) No. 30143 of 2009, seeking direction to the Stateof Himachal Pradesh to take a decision on the issue oreservation in promotions on basis of data already collected or submitted to Cabinet Sub Committee on 25
th
April, 2011 within
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a period of one month. For the purpose of adjudicating thepresent I.A., it would be pertinent to make a reference to factsconcerning S.L.P. (Civil) No. 30143 of 2009 that was disposedof by this Court on 26
th
April, 2010.
2.
SLP (Civil) No. 30143 of 2009 was filed against judgmentand order dated 18
th
September, 2009 passed by the HighCourt of Himachal Pradesh. By the said judgment/order, theHigh Court allowed the CWP-T No. 2628 of 2008 and therebyquashed the instructions dated 7
th
September, 2007 issued bythe State of Himachal Pradesh. The said instructions madeprovision for reservation in promotions with consequentialseniority in favour of Scheduled Castes and Scheduled Tribesin all classes of posts in services under the State.
3.
The aforesaid S.L.P. was disposed of on 26
th
April, 2010by passing the following order:-“The State of Himachal Pradesh has issued aCircular on 07.09.2007 as regards the promotion of SCs/STs in the State service. The said circular waschallenged by the respondent no.1 and the circular was quashed by the High Court by the impugned judgment. Learned counsel appearing for the Statesubmits that the circular issued on 07.09.2007 has
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since been withdrawn as the State intends to collectmore details with regard to representation of SCs/STs and to pass appropriate orders withinreasonable time i.e. approximately within threemonths after collecting necessary details anddatas. The petitioner would be at liberty to takeappropriate steps, if any adverse order is passed.This Special Leave Petition and the ContemptPetition are thus disposed of finally.”
4.
 Although the present I.A.No.6 is filed in the disposed of SLP, it would be appropriate to notice the manner, in which theorder dated 16
th
April, 2010 came to be passed.
5.
On 27
th
November, 1972, Government of India issuedinstructions vide letter No. 27-2/71-Estt(SCT), wherebyprovision was made for providing reservation in promotion for the members of Scheduled Castes and Scheduled Tribes. On24
th
April, 1973, State of Himachal Pradesh issued instructionsvide Letter No. 2-11/72-DP (Appt.), whereby reservation wasprovided for promotion of employees. On 9
th
/13
th
August, 1973,State of Himachal Pradesh issued instructions vide Letter No 2-11/72-DP (Apptt.), and thereby, followed the Reservationpolicy of the Union Government relating to promotion for themembers of Scheduled Castes and Scheduled Tribes. It may
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