Bombay High Court: Earthquake-affected families across state entitled for job reservation

The Bombay High Court has clarified that reservation for earthquake-affected people in government employment, which falls within the 5% reservation for project-affected people, is not limited to the 52 villages affected in Latur and Osmanabad and that those affected near the Koyana Dam are also entitled.

A division bench of justices Abhay Oka and AS Gadkari, while hearing a public interest litigation (PIL) filed by a resident of Pathan taluka, Suresh Vitthal Pawar, said, "We hold and declare that the benefits provided under the GR dated November 17, 1994, and August 9, 1995, are also available to earthquake-affected families residing near Koyana Dam and particularly in taluka Patan in Satara district."

The court has added that the reservation can be extended if the families meet the other two criteria mentioned in the resolution with regard to loss of livelihood and house. The court directed the government to inform all district collectors about the order within three months.

The PIL had challenged the government's interpretation of a 1995 GR limiting the benefit to those affected by earthquake in Latur and Osmanabad. The counsel for the petitioners argued that the 1994 GR was a general one extending to all districts and the 1995 one is for people affected in three categories. The state, however, opposed the PIL, saying the 1995 GR clarified that benefit can be extended only to those affected in Latur and Osmanabad.

However, the court, after conjoint reading of both the resolutions, noted, "The GR dated November 17, 1994, does not restrict the benefit of reservation to the affected of a particular district or districts. It is not provided in the GR of 1995 that resolution of 1994 stands modified."

But the court has stayed its order for six weeks to allow the state to approach the Supreme Court.