Consequential seniority
Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT
Meaning
Consequential seniority means SC and ST employees keep the seniority they gain when they are promoted through reservation. A general-category colleague promoted later cannot jump back ahead of them. The 85th Amendment (2001) brought this in by adding the words "with consequential seniority" to Article 16(4A). It was given effect from 17 June 1995. It cancelled the court-made catch-up rule for SCs and STs.
Example
In the M. Nagaraj case (2006), the Supreme Court upheld the 85th Amendment, with the condition that states show quantifiable data. In B.K. Pavitra II (2019), the Court upheld Karnataka's law giving consequential seniority to SC and ST employees.
Don't confuse with
- Catch-up rule: this is the opposite. Under it, the general-category employee promoted later regains seniority.
- 77th Amendment (1995): this allowed reservation in promotion itself through Article 16(4A). The 85th added seniority to that promotion.
Related concepts
- Reservation in promotion
- 77th Constitutional Amendment Act 1995
- Catch-up rule
- 82nd Constitutional Amendment Act 2000
- Claims of SCs and STs to services
- M. Nagaraj case
- Jarnail Singh case
- E.V. Chinnaiah case
- Davinder Singh case
- Sub-classification of Scheduled Castes