MP Government to Approach Supreme Court to Prevent Employee Demotions

The Madhya Pradesh government is preparing to approach the Supreme Court in order to prevent the demotion of officers and staff who were promoted under the 2002 promotion rules. That rule had been invalidated by the High Court in 2016, putting earlier promotions under threat.

Although the rule was struck down, the state government has since introduced a new promotion policy. It will request the Supreme Court to validate promotions made under the old rule and to close the pending litigation, while maintaining the current status quo.

Background and Legal Context

In April 2016, the High Court nullified the 2002 promotion rule, raising doubts about the legitimacy of promotions granted under that system. Unreserved category employees filed demands to demote those promotions, citing the M. Nagaraj verdict related to reservation implementation.

To avoid unrest and legal complications, the government immediately filed a challenge in the Supreme Court, where it received a temporary order to maintain the status quo. The newly approved promotion policy has now gained cabinet approval.

Concerns from SPAXS

The Samanya, Pichhda Evam Alp-sankhyak Varg Adhikari-Karmchari Sanstha (SPAXS) has raised the issue that unreserved category employees who remained senior but fell behind due to the 2002 rule remain disadvantaged. SPAXS is demanding remedial demotions of wrongly-promoted employees before approving the new policy.