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VOL. 8, ISSUE 1 (2022)
Consequential seniority: Recent era interpretations which led to various dimensions
Authors
Rupesh R
Abstract
This research investigates the issues and concerns surrounding the recent Supreme Court ruling on Consequential seniority in the public employment sector. The study attempts to check the significance and the necessity of the reservations in promotion concerning the public sectors and the concept of consequential seniority. This study is conducted to analyse the problem concerning a concept of “consequential seniority” in reservation for promotion, which was brought about in the 85th Constitutional amendment and recently upheld in BK. Pavitra vs Union of India, 2019. The statement of the problem addressed the impact of consequential seniority upon administrative efficiency and administrative seniority moral, and the possible arguments for the legislative action concerning the backwardness of a certain community, and inadequate representation. The critical analysis of the hypothesis on the significance of reservation in promotions and consequential seniority concluded that both the legislature and the judiciary were attempting to strike a proper balance between Articles 14 and 16 by maintaining social justice and cause to suppress the arbitrariness. However, on one hand, as the general category seniors are threatened in their position to promotion, this study suggested to relay on the principle of non-arbitrariness and proceed with the implementation of consequential seniority rule backed with adequate data of inadequate representation and exclusion of creamy layer of the backward communities.
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Pages:62-65
How to cite this article:
Rupesh R "Consequential seniority: Recent era interpretations which led to various dimensions ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 62-65
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