Bench says the Centre was not “debarred” from making promotions in accordance with law in the matter subject to further orders.

The Supreme Court on Tuesday orally observed that promotions in government offices should go ahead in “accordance with law.” The court was responding to the government’s complaint that the entire promotion process was in limbo because of uncertainty over reservation in promotion for the Scheduled Caste/Scheduled Tribe employees.

A Bench of Justices A.K. Goel and Ashok Bhushan said nothing prevented the government from promoting employees in accordance with law. But the court was not clear about the law it was referring to.

‘At a standstill’

Additional Solicitor-General Maninder Singh said promotions had come to a “standstill” because of the status quo order passed by the court in 2015 after the High Courts gave orders at cross-purposes. “I am the government and I want to give promotions as per the constitutional mandate,” he said.

“It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter,” Justice Goel observed.

Mr. Singh said the petition before the Bench was the Centre’s challenge to the Delhi High Court’s verdict of August 23 last, quashing the government order extending reservation in promotion to employees of the Scheduled Castes and the Scheduled Tribes beyond five years from November 16, 1992.

He argued that the Supreme Court’s 2006 judgement in the M. Nagaraj case was applicable to reservation in promotion.