Patna HC quashes govt order on promotions

Patna: The Patna high court has set aside the Bihar government’s stay order on the promotion of government officials in Bihar. A notification to the effect had been issued by the state general administration department on August 12, 2014. Disposing of a writ petition on Monday, the court of Justice A K Tripathi also directed the state government to immediately initiate the process of promotion to eligible officials.
One Birendra Kumar Rai and others in their petition had alleged the promotion to the post of deputy superintendent of the home department (prisons) had not been decided as the departmental promotion committee meeting had not been taking place.
Earlier, the state cabinet on August 17, 2012, had given its nod to continue reservation in promotions to SC/ST government employees. This was, however, challenged in the Patna high court.
The HC had on May 4, 2015 set aside the state government's resolution providing for reservation with consequential seniority in promotions to SC and ST government employees. The court had admitted there were flaws in the data on the basis of which the government decided to give reservation to SC and ST employees in promotions.
The Supreme Court had held in the M. Nagaraj, Indra Sawhney and various other cases that reservation in promotions could be provided only if there was enough data and evidence to justify the need.
Following the HC’s 2015 order, the general administration department on August 12, 2014 had stayed promotion of government officials.