CHANDIGARH: General Category Welfare Federation (GCWF) Punjab has demanded that the Supreme Court decision on the creamy layer in reservation should be implemented without any further delay , said Shyam Lal Sharma Chief Organiser Federation .
Shyam Lal Sharma and others while addressing the Press at the press club in Chandigarh said that the Supreme Court on January 28 turned down the Union government’s plea to do away with the requirement of collecting quantifiable data by the Centre and states to determine the representation of people belonging to
Scheduled Castes (SCs) and Scheduled Tribes (STs) while implementing
reservation in promotion.
This decision of the Supreme Court has disposed off more than 125 cases that were pending with the court.The judgement in these cases was reserved by the Supreme Court on 26th. October 2021. Now, these cases shall be individually heard in the court from February 22.
Shyam Lal Sharma said that as per judgement state is obligated to collect quantifiable data as per the court’s judgment in M Nagaraj (2006) and Jarnail Singh (2018). The collection of data has to be for each category of posts for the entire service.General category employees have spent crores of rupees while persuing these cases.
This judgement should be implemented from the 19th. October 2006, the date of decision of M Nagaraj case in Supreme Court.
Sharma clarified that the Punjab and Haryana High Court in 2018 had nullified the various clauses of the Reservation Act 2006 which provided category wise reservation in promotion. Though Punjab Government has not challenged the decision of the High Court. This decision has been challenged by a reserve category association vide petition number 18925/2018.
The case should now be decided on merit government as per the latest supreme court judgement.
The Federation demands from Punjab that as per data collected by them
the excess quota of reserve categories in some departments must be brought down and. In the departments where the reservation quota
for the reserve category is less than prescribed there, only reservations can be done. Where the strength of reserve employees is more than required there should not be further any promotion in those categories and departments. The future posts should go to the general category till there is a level playing field.