The Supreme Court struck down the Uttar Pradesh Government Servants Seniority Rules – which provided for consequential seniority in promotions – holding that, although the Constitution has been permitted to enable consequential seniority, the state had failed to satisfy conditions relating to the determination of backwardness and the appropriateness of reservations. It is unclear what shape the proposed amendment will take, but it seems that the state does not even want to discharge the burden that the case for special treatment must be made out.

I searched in google about consequential seniority, but i could not understand.

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    Read this: realitycheck.wordpress.com/2012/05/20/…
    – Jim
    Aug 13 '12 at 0:00
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    newbie, I should like to congratulate you for supplying quotations and references which make it very clear what exactly you are asking. I believe @Jim's reference should provide an answer - perhaps the only point calling for clarification is that 'consequential seniority' is so called because it is seniority accrued as a consequence of reservational promotion. Aug 13 '12 at 0:13

Here is a definition by example:

"Consequential Seniority -- Let us assume that A, belonging to the General Category, currently holds Level 3 of a government post and B, appointed under the Scheduled Caste quota, is junior to A in Level 3. When promotions to Level 4 are to be decided, let us assume further, that due to reservations in promotions B has to be promoted to Level 4 before A because there are no Scheduled Caste candidates at a seniority similar to that of A. The question that then arose was whether A would regain seniority over B when she is promoted to Level 4 in due course. 'Consequential Seniority' means that A will not regain her seniority and B will now be considered senior to A within Level 4."

Available at: http://lawandotherthings.blogspot.tw/2012/05/uncertain-push-for-empirical-data.html


Consequential seniority, contextually speaking, is the elevation in any professional vocation consequential to circumstances, and not through normal rules .Article (16) has several provisions for OBCs (schedule castes) regarding promotions. None the less, Supreme Court ruled out reservation in promotions,confining it to initial appointment only but national commission for backward classes(1993) nullified the ruling and enacted amendment in 1995 empowering the state to provide reservations in pomotions and it gave way to consequential seniority.State basically wants adequate representation of backward classes.thus if there is no representation of a say schedule caste( Backward class) in a particular state aided organization at that position" the prospective one" and as a consequence those position are held only by General category .The policy ( which enunciates the adequate representation of backward classes) would promote schedule caste indivdual. The circumstances " of not having sufficient representation " of scheduled ( backward class) is a cause to his promotion thus Consequential to circumstances having insufficient representation . Hope this suffices the need

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