Karnataka Extension of Consequential Seniority to Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2017

KARNATAKA ACT NO. 21 OF 2018

THE KARNATAKA EXTENSION OF CONSEQUENTIAL SENIORITY TO

GOVERNMENT SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS IN THE CIVIL SERVICES OF THE STATE) ACT, 2017

(1) This Act may be called the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2017.

1. (2) Section 3 and 4 shall be deemed to have come into force from 17th day of

Definitions. - In this Act, unless the context otherwise requires,-

1. (a) “Government” means the Government of Karnataka;
2. (b) “Government Servant” means a person who is a member of the Civil Services of the State of Karnataka or who holds a Civil post in connection with the affairs of the State of Karnataka and includes any person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority, any person or persons whether incorporated or not;
3. (c) “Reservation Orders” means the Government Order No. DPAR 29 SBC 1977 dated 27th April 1978 and other orders containing the policy of reservation in promotion, as modified from time to time; and
4. (d) ‘Backlog’ means promotional vacancies reserved for Scheduled Castes and Scheduled Tribes but not filled by the respective categories for want of eligible persons.

Notwithstanding anything contained in any other law for the time being in force, the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes promoted in accordance with the policy of reservation in promotion provided for in the Reservation Order shall be entitled to consequential seniority. Seniority shall be determined on the basis of the length of service in a cadre: Provided that the seniority inter-se of the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes as well as those belonging to the unreserved category, promoted to a cadre, at the same time by a common order, shall be determined on the basis of their seniority inter-se, in the lower cadre. Provided further that where the posts in a cadre, according to the rules of recruitment applicable to them are required to be filled by promotion from two or more lower cadres,-

1. (i) The number of vacancies available in the promotional (higher) cadre for each of the lower cadres according to the rules of recruitment applicable to it shall be calculated; and
2. (ii) The roster shall be applied separately to the number of vacancies so calculated in respect of each of those lower cadres: Provided also that the serial numbers of the roster points specified in the Reservation Order are intended only to facilitate calculation of the number of vacancies reserved for promotion at a time and such roster points are not intended to determine inter-se seniority of the Government Servants belonging to the Scheduled Castes and the Scheduled Tribes vis-a-vis the Government Servants belonging to the unreserved category promoted at the same time and such inter-se seniority shall be determined by their seniority inter-se in the cadre from which they are promoted, as illustrated in the Schedule appended to this Act.

April 1978 onwards.- Notwithstanding anything contained in this Act or any other law for the time being in force, the consequential seniority already accorded to the Government servants belonging to the Scheduled Castes and the Scheduled Tribes who were promoted in accordance with the policy of reservation in promotion provided for in the Reservation Order with effect from the Twenty Seventh Day of

Provision for review.- All promotions to the posts belonging to the State

Civil Services shall be within the extent and in accordance with the provisions of the reservation orders and other rules pertaining to method of recruitment and seniority. The Appointing Authority shall revise and redraw the existing seniority lists to ensure that the promotions are made accordingly: Provided that subsequent to such a review, wherever it is found that Government Servants belonging to the Scheduled Castes and Scheduled Tribes were promoted against reservation and backlog vacancies in excess or contrary to extent of reservation provided in the reservation orders shall be adjusted and fitted with reference to the roster points in accordance with the reservation orders issued from time to time by assigning appropriate dates of eligibility. In case, if persons belonging to the Scheduled Castes and the Scheduled Tribes who have already been promoted against reservation or backlog vacancies in excess or contrary to the extent of reservation provisions cannot get adjusted and fitted against the roster points they shall be continued against supernumerary posts, to be created by the concerned administrative department presuming concurrence of Finance

Power to make rules.- (1) The State Government, if it deems necessary, may by notification make rules, after previous publication, to carry out the purposes of this Act.

1. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the official Gazette, make provisions as appear to it be necessary or expedient for removing the difficulty: (2) Every order made under this section shall as soon as may be after it is made, be laid before each House of the State Legislature.

1. (2) Every order made under this section shall as soon as may be after it is made, be laid before each House of the State Legislature.

The Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2002 (Karnataka Act 10 of 2002) is hereby repealed.

Notwithstanding anything contained in any Judgment, Decree or Order of any court, tribunal or other authority contrary to section 3 and 4 of this Act any action taken or done in respect of any promotions made or purporting to have been made and any action or thing taken or done, all proceedings held and any actions purported to have been done since 27th April, 1978 in relation to promotions as per sections 3 and 4 of this Act, before the publication of this Act shall be deemed to be valid and effective as if such promotions or action or thing has been made, taken or done under this Act and accordingly:-

1. (a) no suit or other proceedings shall be maintained or continued in any court or any tribunal or before any authority for the review of any such promotions contrary to the provisions of this Act; and
2. (b) no court shall enforce any decree or order to direct the review of any such cases contrary to the provisions of this Act.

(see the proviso to section 3) If three vacancies of Assistant Commissioner are to be filled by promotion at the same time, by a common order, classification of vacancies would be as follows : 1st ... Scheduled Caste 2nd ... Scheduled Tribe 3rd ... Unreserved If the seniority of persons in the cadre of Tahsildars who are eligible and qualified and whose cases are to be considered at that time is as indicated below, A ... Scheduled Caste B ... Unreserved C ... Scheduled Tribe D ... Unreserved E ... Unreserved then, on promotion, their inter-se seniority in the cadre of Assistant Commissioners, will be as follows : A ... Scheduled Caste B ... Unreserved C ... Scheduled Tribe If on the other hand the seniority of the Tahsildars at that time is as indicated below, A ... Unreserved B ... Unreserved C ... Unreserved D ... Scheduled Caste E ... Scheduled Tribe then their inter-se seniority, on promotion, in the cadre of Assistant Commissioners will be as follows : A ... Unreserved D ... Scheduled Caste E ... Scheduled Tribe The above translation of PÀ£ÁðlPÀ (gÁdåzÀ ¹« ̄ï ̧ÉêÉUÀ¼À°è£À ºÀÄzÉÝUÀ½UÉ) «Äà ̧À ̄Áw DzsÁgÀzÀ ªÉÄà ̄É §rÛ ºÉÆA¢gÀĪÀ ̧ÀPÁðj £ËPÀgÀjUÉ vÀvÀàjuÁªÀĪÁzÀ eÉÃμÀ×vÉAiÀÄ£ÀÄß « ̧ÀÛj ̧ÀĪÀ C¢ü¤AiÀĪÀÄ, 2017 (2018gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ̧ÀASÉå: 21) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government (I/c) Department of Parliamentary Affairs ̧ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ ̧À ̧ËzsÀ WÀlPÀ, ̈ÉAUÀ¼ÀÆgÀÄ. (¦7) ¥ÀæwUÀ¼ÀÄ: 600