Himachal Govt not to invoke 85th Amendment of Constitution for now

Published on: 

Apart from cancellation of lease of Himachal Pradesh Cricket Association (HPCA) on late Saturday night, the State Cabinet decided not to invoke the enabling provisions of Article 16 (4A) of the Constitution in respect of reservation for Scheduled Castes (SC) and Scheduled Tribes (ST), even as Cabinet Ministers evinced different opinions over the issue.

The said 85th Amendment had substituted the words “in matters of promotion to any class” in clause (4A) of Article 16 of the Constitution, to the words “in matters of promotion, with consequential seniority, to any class”.

On September 13, the Supreme Court had directed the State Government to take a call on implementation of 85th Constitutional Amendment in the State. The main purpose behind the 85th Amendment Act, 2001, was to extend the benefit of reservation in favour of Scheduled Castes (SC) and Scheduled Tribes (ST) in matters of promotion with consequential seniority. In another major decision, the Cabinet also approved amendment in comprehensive guiding principles-2013 for regulating the transfers of State Government employees during the ban on transfers. As per the Amendment in transfer policy, transfer would be ordered with approval of Chief Minister only. The transfers of employees would be permitted only in such circumstances or exceptional, when there would be immediate requirement to fill up vacant posts in tribal, difficult and hard areas of the State.

Similarly, the transfers would be ordered during this period to fill vacancies arising on account of retirement, promotion and new creation and in cases where employees are transferred on account of disciplinary proceedings and vigilance cases.

In the case of demands and on administrative grounds as well as priorities of the Government, by recording reasons in writing, the condition of short stay and short distance can be condoned. Earlier on July 5, after coming under attack from Opposition over mass scale transfer postings, the State Government had come up with ‘comprehensive guiding principles-2013’.

The Cabinet also cancelled power projects of seven independent power producers for their failure in executing projects in time. These include M/s Gehra Hydro Power Pvt ltd, M/s Ajay Energy Pvt ltd, M/s National Engineers and Contractors, M/s Chattarkhand Hydro Imperial Projects, M/s Modi Power Pvt ltd and two projects of M/s Sant Prem Singh Hydro Power Pvt ltd. It also approved the recommendations of HPIDB to execute 13 projects allotted to HIMURJA through private parties by bidding process. The HIMURJA would execute three small hydroelectric projects namely Tauhuk, lower Sumej and Kareri.

The Government amended HP Forest Produce Transit (land) Rules, 1978. It also gave approval to the proposal from forest department for felling Khair, bamboos and other miscellaneous broad leaved species in the 10-year programme.

Daily Pioneer
dailypioneer.com