High Court Restores SC/ST Seniority in Promotions, Citing Ambedkar's Vision
The Andhra Pradesh High Court has upheld the grant of consequential seniority to Scheduled Caste (SC) and Scheduled Tribe (ST) employees promoted through reservation, stating that the Constitution seeks substantive equality beyond formal equality. The court invoked Dr B R Ambedkar's vision in its July 17 order, which set aside a Central Administrative Tribunal (CAT) ruling that had denied such seniority to SC/ST Loco Pilots in the South Central Railway.
Justices Battu Devanand and Subhendu Samanta heard two writ petitions from SC/ST employees challenging the CAT Hyderabad Bench's October 21, 2024 order. The tribunal had directed the Railways to redraw seniority lists and deny consequential seniority to SC/ST employees in the Loco Pilot cadre. The high court rejected this, holding that the Railways had complied with constitutional safeguards by collecting quantifiable data on representation and following a post-based roster system.
The dispute involved SC/ST employees who received accelerated promotions under reservation policy after 2006, from Assistant Loco Pilot to Loco Pilot (Goods) and then to Loco Pilot (Passenger), with consequential seniority. This placed them above unreserved employees in seniority lists, enabling promotion to Loco Pilot (Mail). Unreserved employees challenged this, leading to the CAT order.
The high court emphasized that the 85th Constitutional Amendment, which inserted the words 'with consequential seniority' into Article 16(4A), fundamentally changed the legal position. The bench stated: 'The Constitution of India, as envisioned by Dr B R Ambedkar and the framers of our constitutional framework, does not confine itself to the notion of mere formal equality. The constitutional philosophy seeks to secure substantive equality by addressing historical disadvantages and structural inequalities faced by socially marginalised sections of society.'
The court concluded that once constitutional safeguards are satisfied, accelerated promotion under reservation policy can legally carry consequential seniority. This ruling has implications for thousands of government employees across India.
