Chandigarh, November 14
More than a year after the Haryana Government came out with a policy for providing reservation in promotion, the Punjab and Haryana High Court today ordered it to be set aside.

Fixing three-month deadline for “necessary action”, Justice Rajesh Bindal also ordered reversal of accelerated promotions and seniority granted to employees on basis of reservation policies of 2013 and 2006. Justice Bindal further directed the issuance of notice to the then Chief Secretary. He has been asked to show cause why proceedings for contempt be not initiated against him.

“It is evident that the 2013 policy was issued by the then Chief Secretary, Haryana, despite being in knowledge of the judgments of the Supreme Court in M Nagaraj's case and this court in Prem Kumar Verma's case, I deem it appropriate to initiate proceedings for contempt against him,” Justice Bindal asserted.

The 2006 policy, issued on March 16, 2006, was set aside by the High Court in Prem Kumar Verma's case in August 2012. But the high court was told that benefits to some employees on its basis had not withdrawn.

The ruling, expected to redraw the seniority list of employees in Haryana, came on a bunch of petitions filed by Rajbir Singh and other petitioners against the state of Haryana and other respondents. No less than 14 petitions were filed on the issue.

The petitioners had challenged the instructions dated February 28, 2013, issued by the Haryana Government for providing 20 per cent reservation to Scheduled Castes employees in promotion in Class-III and Class-IV posts.

Directions were also sought for taking appropriate action in terms of the judgment in Prem Kumar Verma’s case, as the benefits to some employees had not been withdrawn.

Justice Bindal asserted: “The facts, which have come before the court, are that despite quashing of the 2006 policy providing for accelerated promotion and seniority to the members of reserved categories, steps were not taken in all the departments for withdrawing the promotions given on the basis of the instructions which had already been quashed….

“The 2006 policy was quashed by this court being in violation of the mandate of the Supreme Court in M Nagaraj's case and any policy for providing reservation in promotion could have been issued only after carrying out the exercise as envisaged in M Nagaraj's case.

“But still the state constituted a committee for the purpose on February 19, 2013. A few days thereafter on February 28, 2013, it issued a policy providing for 20 per cent reservation to SC employees in Class-III-IV categories,” the HC said.