SC/ST Employees Seek Justice Over Denial of Reservation in Promotions wrote a letter to NCST

SC/ST Employees Seek Justice Over Denial of Reservation in Promotions

Scheduled Tribe employees of the South Central Railway have raised serious concerns over the non-implementation of constitutional provisions guaranteeing reservations in promotions. In a representation to the National Commission for Scheduled Tribes (NCST), Malli Bhaskarrao—representing the Andhra Pradesh Scheduled Tribes Employees Welfare Association and Andhra Pradesh Girijana Sanghala Ikhya Karya Charana Samithi—urged immediate intervention to rectify long-standing injustices caused by administrative neglect and judicial delays.

Constitutional Violations and Pending Legal Battles

The employees highlight the non-enforcement of Articles 16(4-A) and 16(4-B) of the Indian Constitution, which provide for reservations in promotions for SC/ST employees. Despite Supreme Court orders dated May 17, 2018, and June 5, 2018, thousands of eligible employees remain deprived of their rightful promotions.

Legal battles have been drawn out in the Central Administrative Tribunal (CAT) and High Courts, delaying justice indefinitely. Despite multiple communications from the Railway Board, including appeals in April 2022 and December 2023, no meaningful action has been taken. The administration's inaction has left many employees struggling with career stagnation.

Allegations of Discrimination and Neglect

The representation accuses certain officials of deliberately ignoring constitutional mandates, effectively discriminating against SC/ST employees. Complainants argue that the administration has failed to protect their rights, and legal representatives engaged by authorities have not effectively advocated for them—reducing the legal efforts to a mere eyewash.

Historical Context and Misinterpretation of Judgments

The petition references key legal precedents, including the R.K. Sabharwal judgment, which introduced post-based reservation in 1997, and the M. Nagaraj judgment, which upheld reservations in promotions but set certain parameters. However, complainants argue that officials have misinterpreted these rulings, leading to further injustices, including the unconstitutional reversion of previously promoted SC/ST employees.

Urgent Call for Action

The petitioners urge the NCST to intervene by reviewing pending cases and ensuring constitutional compliance. They emphasize that South Central Railway’s continued failure to implement these provisions amounts to systemic discrimination and an atrocity against SC/ST employees.

Organizations supporting the cause include the Andhra Pradesh S.T. Employees Welfare Association, Girijana Ikya Vedika, and other registered tribal welfare groups. They demand immediate corrective measures to uphold justice and ensure fair career progression for SC/ST employees