Implementation of SC decision for amending Rules of Promotion

whether, clarification of, "not adjudged unfit for promotion" to be, as ‘‘nothing adverse against the candidate’’ is given in Supreme Court Citation 1995AIR1457, 1995 SCC(3) 532JT, 1995 (3) 336, 1995SCALE(2) 282, in relation to Department of personnel and Training''s (DoPT) statutory OM. NO. 1/9/69-Estt (SCT) dated 26th March 1970


GOVERNMENT OF INDIA
MINISTRY OF  PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-2689
ANSWERED ON-21.03.2013
Implementation of SC decision for amending Rules of Promotion
2689 . SHRI LALHMING LIANA

(a) whether, clarification of, "not adjudged unfit for promotion" to be, as ‘‘nothing adverse against the candidate’’ is given in Supreme Court Citation 1995AIR1457, 1995 SCC(3) 532JT, 1995 (3) 336, 1995SCALE(2) 282, in relation to Department of personnel and Training''s (DoPT) statutory OM. NO. 1/9/69-Estt (SCT) dated 26th March 1970;
(b) whether it is as per stipulation of DoPT/Department of Public Enterprises(DPE);
(c) whether it is applicable to all Public Sector Undertaking (PSU);
(d) whether addition of interview in promotion in the light of supreme court’s civil appeal No. 5314 of 2007 declaring Recruitment and Promotion rules, not being statutory, and not being inline with clarification of above citation needs Parliament''s approval?
ANSWER



Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a): The Supreme Court in the matter of National Federation of SBI & Ors. V/s. Union of India (1995 AIR 1457) considered the issue whether concession as per O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970  [see below] tantamounts to reservation and has held that in the matter of promotion by selection to the posts within Class I, which carry an ultimate salary of Rs. 2250 (Pre-revised), there is no reservation in favour of Scheduled Castes(SCs) / Scheduled Tribes (STs) but they are entitled to the concession contained in para 2 of the OM dated 26.3.1970 issued by the Ministry of Home Affairs. The concession is that those SC/ST officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is being drawn up will be included in the select list provided they are not considered unfit for promotion. 

The Supreme Court has further held that the said candidates would not be entitled, for the purpose of selection one grading higher than the grading otherwise assigned to them on the basis of their record of service. The O.M. dated 26.3.1970 also contains the same instructions that they would not be given, for this purpose, one grading higher than the grading otherwise assigned to them as per their record of service. 
(b): The extant guidelines on Departmental Promotion Committee provide that the Departmental Promotion Committees (DPCs) enjoy full discretion to devise their own methods of procedures for objective assessment of the suitability of candidates who are to be considered by them. The DPCs should make their own assessment on the basis of the entries in the Confidential Reports(CRs) now Annual Performance Appraisal Reports(APARs) because sometimes the overall gradings in a Confidential Report may be inconsistent with the grading under various parameters or attributes. The DPC is required to make an overall assessment of the performance of each candidate separately but by adopting some stands/yardstick/norms. The procedure should not be vitiated on grounds of bias, mala-fide or arbitrariness. As per latest instructions, the DPC is required to grade the officers as ‘fit’ or ‘unfit’ only, after determining the merit of those being assessed for promotion. 

(c): The instructions issued by the Department of Personnel and Training on the subject have been extended to all Central Public Sector Undertakings (CPSUs) by the Department of Public Enterprises vide their O.M. dated 27th September, 1978. 

(d): The Supreme Court in K. A. Nagamani V/s. Indian Airlines and others (CA 5314/2007) has held that the Recruitment Rules of the Indian Airlines framed by the Corporation were not framed under any statute and therefore are not statutory rules. The Recruitment Rules for the posts and services under the Central Government are delegated legislations and therefore are statutory in nature. Such Rules after notification are laid before the Parliament. 
*****
Source: Rajya Sabha Q&A

MHA O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970 reproduced below:-

No. 1/9/69-Estt. (SCT)
Government of India
Ministry of Home Affairs 

Dated 26th March, 1970

Subject :- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by promotion - Class I Services / posts.

The question of increasing the representation of Scheduled Castes and Scheduled Tribes employees in
Class I Services/posts under the Government of India has been under the consideration for some time past. In this Ministry's O.M. No.1/12/67-Estt. (C), dated 11th July, 1968, certain concession have been provided to Scheduled Castes and Scheduled Tribes, inter alia, in the matter of promotion by selection to the lowest rung or Category in Class I. It has now been decided that the following concessions and facilities will be provided to Scheduled Castes and Scheduled Tribes officers for their promotions within Class I also.

2. In promotions by selection to posts within Class I, which carry an ultimate salary of Rs. 2,000 per month, or less the Scheduled Castes/Scheduled Tribes officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the Select list has to be drawn up, would be included in that list provided they are not considered unfit for promotion. Their position in the Select list would, however, be the same as assigned to them by the Departmental Promotion Committee on the basis of their record or service. They would not be given, for this purpose, one grading higher than the grading otherwise assignable to them on the basis of their record of service.

3. In order to improve the chances of Scheduled Castes/Scheduled Tribes officers for selection to the higher categories of posts in Class I, it has further been decided that:

(i) Scheduled Castes/Scheduled Tribes officers in Class I Services/posts should be provided with more opportunities for institutional training and for attending seminars/Symposia/conferences. Advantage could in this connection be taken of the training facilities available at the National Academy of Administration Mussoorie, National Police Academy, Mount Abu, Indian Institute of Public Administration, New Delhi, the Administrative Staff College, Hyderabad, etc.; and
(ii) It should be the special responsibility of the immediate superior officers of the Scheduled Castes/Scheduled Tribes officers in Class I to give advice and guidance to the latter to improve the quality of their work.
Ministries/Departments under whom Scheduled Castes/Scheduled Tribes Class I officers might be serving should ensure that these decisions are implemented with expedition, Ministries/Departments (or the Heads of Departments) under whom such officers might be serving may specially watch the progress of these officers so that all appropriate steps are taken, wherever necessary, to improve the efficiency of these officers for the purpose of their selection to higher posts.

4. The orders contained in paragraph 2 above take effect from the date of issue except in respect of selections already made prior to the issue of these orders.

5. Ministry of Finance etc., are requested to bring the above decisions to the notice of all concerned.

6. In so far as persons serving in offices under the Comptroller and Auditor General of India are concerned, separate orders will issue in due course.

Source: www.persmin.nic.in
Courtsey : 90paisa

Stay connected with us via Facebook, Google+ or Email Subscription.

Subscribe to Central Government Employee News & Tools by Email [Click Here]
Follow us: Twitter [click here] | Facebook [click here] Google+ [click here]
Admin

COMMENTS

BLOGGER
Name

100 percent da,16,10th Bipartite Settlement,45,6 CPC Order,4,7th CPC Charter of Demands,75,7th cpc interim report,8,7th CPC Meeting,121,7th CPC Notification,200,7th CPC Projected Pay,170,7th CPC Questionnaire,16,7th CPC Recommendation,343,7th CPC Report,108,7th CPC Terms of Reference,40,Absorption,29,Ad-hoc Bonus,19,Additional Pension,1,Administrative Reforms,17,Advance Increment,4,Adventure Sports,7,Age Relaxation,16,AGIF,5,AIIMS,10,Air Travel,44,AIRF memorandum to 7th CPC,4,Airport Employees,7,All India Service,56,Allowances,148,Alteration of Date of Birth,6,Anubhav,12,APAR,27,Area Welfare Officer,5,Armed Forces Tribunal,16,Artisan Staff,11,Ashok Kumar Mathur,9,Atal Pension Yojna,9,Autonomous Bodies,33,awards,11,Bank,155,Bariatric Surgery,2,Benevolent Fund,2,bhavishya,10,Bhutan Compensatory Allowance,6,Bio-metric Attendance,36,Bonus,112,Bonus Order 2014,9,Bonus Order 2015,13,Bonus Order 2016,7,BRO,15,BSNL,64,BSNL IDA Pensioner,14,Budget 2014,12,budget 2015,22,Budget 2016,1,Budget 2017,22,cadre management,11,Cadre Restructuring,144,Cancer Treatment,8,Cantonment Board Employees,3,Cash Handling Allowance,5,cashless treatment,12,Casual Leave,3,CAT jurisdiction,1,CAT Order,58,CBDT Order,25,CBEC,13,CBEC CR,9,CBSE,22,CCS (CCA) Rules,46,CCS (Conduct) Rules,46,CCS (Joining Time) Rules,6,CCS (Leave) Rules,43,CCS (RP) Rules 2008,35,CCS (RP) Rules 2016,32,CEA,30,CEA Form,4,Central Administrative Tribunal,2,Central Government Employee Calendar,22,central government employee news,39,Central Pension Accounting Office,80,Central Secretariat Service,5,Central Universities,15,CG Counsel,1,cgda,81,CGEGIS,14,CGEGIS TABLE,8,CGEWHO,64,CGEWHO Noida,17,Cghs,330,CGHS AHMEDABAD,5,CGHS ALLAHABAD,2,cghs BENGALURU,3,cghs bhopal,2,CGHS BHUBANESWAR,2,CGHS CHANDIGARH,4,cghs CHENNAI,2,CGHS Clarification,48,cghs dehradun,3,Cghs Delhi,65,cghs empanelment,117,CGHS GUWAHATI,3,CGHS HOSPITAL LIST,29,CGHS HYDERABAD,4,cghs jabalpur,3,cghs jaipur,5,cghs kanpur,2,cghs kolkata,2,cghs lucknow,2,CGHS MEERUT,4,cghs mumbai,4,cghs nagpur,2,cghs patna,1,CGHS plastic cards,7,cghs pune,1,cghs ranchi,2,cghs rates,40,cghs trivendrum,2,CGWB,3,Child Care Leave,27,Children Education Allowance,26,CIP(IW),1,Citizen Charter,2,Civil Accounts Organisation,33,Civil Services Examination,15,cleanliness pledge,2,cmss,1,Coal Pilot Allownace,2,Collection of Order,1,Commercial Duty Allowance,2,Commercial Employment after Retirement,8,Commutation of Pension,22,commuted Leave,6,compassionate appointment,50,Compensatory allowance,2,Compensatory Leave,2,Composition of 7th CPC,9,Compulsory Retirement,9,computer advance,3,computer help,7,Confederation 7th cpc memorandum,3,confirmation,3,Constant Attendant Allowance,5,Consumer Price Index,4,Contingent Employee,3,Contract Labour,73,Conveyance Allowance,1,Court Order,66,CPAY,1,CPF Pensioner,20,CPGRAMS,9,CPMA,1,CPMF,79,CPSE,96,cpse ida,37,CS(MA) Rules,57,cscs,10,CSD,32,CSS,32,CSSS,11,cvc,54,Cycle Maintenance Allowance,3,DA from 01-07-2011,3,DA from Jan 2012,5,DA from Jan 2013,16,DA from Jan 2014,22,DA from Jan 2015,16,da from Jan 2016,10,da from Jul 2012,13,DA from Jul 2013,16,da from jul 2014,11,DA from Jul 2015,9,DA from Jul 2016,10,Daily Allowance,11,Damage Rate,1,DAPWA,1,Data Entry Operator,5,Database of Employees,2,date of next increment,22,DCMAF,4,DCRG,4,Dearness Allowance,132,Dearness Pay,2,Dearness Relief,58,Debt Recovery Tribunals,2,Defence Civilian Employees,66,Defence personnel,388,Dental Clinics,1,Department Canteen,18,Deputation,51,dgqa,1,Dictionary,3,Digital Signature Certificates,1,Direct Tax Code,2,Directorate of Estates,71,Disability Pension,37,Disciplinary Authority,17,DIT,9,Divorced Daughter,1,DNI falls Feb-Jun,7,doppw,3,DOPT,39,DoPT Order,267,Double HRA,5,Double Tpt Allowance,1,dpc,20,Draftsmen,3,DRDO,5,e-awas,6,e-filing,25,E-Governance,11,e-IPO,1,E-office,11,e-payment,18,E-Revision,13,e-samarth,2,Earned Leave,6,ECHS,68,ECI,1,EDLI 1995,4,edp allowance,1,EDP Cadre,7,Education,83,Ekta Diwas,2,Election,21,Eligibility of Teacher,10,email Policy,1,emergency treatment,4,Empanelment under CSMA Rules,21,Employee Pension Scheme,18,Employees Deposit Linked Scheme,1,Engineering Cadre,16,eNPS,3,Entry Pay on Promotion,20,EPFO,112,EPFS 1952,38,ERS,3,ESIC,21,eTDS return,15,EVC,5,ex-gratia,22,Ex-India Leave,4,Ex-Indian Coast Guards,1,EX-SERVICEMAN,486,Excel Tips,5,Exemption from Return Filing,8,Expected DA,70,Extension in Service,3,extraordinary pension,14,Facilitation Fee,1,Family Pension,163,Family Planning Allowance,6,FAQ,70,Festival Offer,6,Fin Min Order,52,Finance Act 2013,1,Financial year 2012-13,2,Firefighting Staff,1,Fitment Formula,36,fixed medical allowance,34,Flexible Complementing Scheme,2,Flying Training,1,Foreign Allowance,2,Foreign Visit,8,form 14,1,Form 16,3,Form 16A,2,Form 25,3,Form 26AS,2,Forms,53,Forwarding of Application,2,FR 15(a),1,FR 22,3,FR 26,1,FR 29,1,FR 35,1,FR 46B,1,FR 49,1,FR 56,15,Freedom Fighter Pension,17,Fundamental Rules,2,GAMS,1,Gandhi Jayanti,10,GAR-23,1,GDS,50,General Pool,56,Geological Survey of India,4,GFR,19,Government Holiday Calendar,35,Govt accommodation,100,Govt Tour,32,gpf,31,Grade pay of SO,39,Grameen Bank,2,Grant-in-aid,1,Gratuity,24,Gratuity Limit for Income Tax,3,greetings,4,group A,78,Group D,53,Guest House,14,Hard Area Allowance,5,Hard Station,2,Headquarter Allowance,1,health insurance scheme,14,hearing aid,2,Hierarchy,40,High Court Order,53,Higher Education,30,Hindi Incentive,5,Holiday Homes,37,Honorarium,19,Hostel Facility in Universities,1,Hota Committee,1,House Rent Allowance,8,HRA,25,IBA,27,Immovable Property Return,56,Implementation of 7th CPC,373,incentive for higher qualifications,1,Incentive for NER,3,Incentive to Sportsperson,9,Income Tax Exemption Limit,96,INCOME TAX,251,Income tax calculation,16,Indemnity Bond,1,Independence Day,2,India Water Week,1,INDU,4,Industrial Trades,16,Inquiry Officer,8,insurance scheme,9,Intelligence Agencies,3,Interest of EPF,22,Interest of GPF,11,interest rate,21,Interim Relief,60,Internet facility to officer,1,Invalid Pension,2,Investment,2,IPv6,2,IRCTC,35,IRTSA,27,IT Cadre Restructuring,23,IT Return,43,Jawahar Navodaya Vidyalaya,11,JCM,272,Jeevan Pramaan,37,Joining Time,6,Kashmir Valley Special Concession,6,KBC,2,kendriya bhandar,2,Kendriya Vidyalaya Sangathan,149,Kilometreage Allowance,2,Kisan Vikas Patra,3,KV Admission Guidelines,18,KV Uniform,7,KYC,1,Lab Technician,10,Labour Bureau,4,Labour Laws,16,lactating mother allowance,1,LARGESS,3,LDC-UDC,77,LDCE/GDCE,24,Leave Encashment,10,leave management system,2,Legal Fee,1,Librarian,2,LIC,1,Licence Fee,12,Lien,3,Life Certificate,50,List of Holidays for year 2012,2,List of Holidays for year 2013,8,List of Holidays for year 2014,10,List of Holidays for year 2015,17,List of Holidays for year 2016,11,List of Holidays for year 2017,1,List of Posts,4,Liver Transplant Surgery,1,Liveries,1,loan advances,26,Loans and advances by Central Government,3,lodge complaints,2,Lok Sabha QA,42,lokpal,58,LTC,100,ltc to AN,8,LTC to JK,28,ltc to NE,22,LTC-80 Fare,17,MACP,146,Major Penalty,8,Married Accommodation Project,2,Maternity Leave,4,Medical Charges Reimbursement Bill Form,14,medical decategorization,2,Medical Examination of Group A Officers,3,Medical Professional,35,Memorandum to 7th cpc,82,merger of da,124,merger of grade pay,23,merger of post,9,Min HIPE,1,minimum wages,70,Ministerial Staff,31,Minor Penalty,5,Minority Community,1,Missing Family Member,6,Model School Organization,1,modified parity in pension,37,MOHALI HOUSING COLONY,2,Movable Property Return,48,MTNL,7,Multi Tasking Staff,13,NAC,61,national council meeting,7,National Holiday Allowance,4,National Level Monitors,1,National Mascot Design,1,National Pension System,84,NC JCM Memorandum to 7th CPC,29,NCH,1,NDG ESM Pensioner,1,new pension scheme,179,New Pension System,32,News,135,NFIR,3,NFSG,16,Night Duty Allowance,19,Nivaran,1,NLM,1,No Demand Certificate,1,Nomination Forms,4,Non-functional Upgradation,10,Notice for Pensioners,29,NPA,11,NSC,6,NSSF,3,Nursing Allowance,7,Nursing Institutions,5,nutritious dietary allowance,2,obc,31,office procedure,9,office space,4,Office Timing,41,Official Directory,1,Official Language Cadre,5,Official Secret Act,1,Officiating Pay,3,One Rank One Pension,347,Online Survey,1,ordnance factory,67,OROP Order,29,OTA,15,Outsourcing,6,Overpayment,6,PAC Recommendation,1,PAINTING,2,PAN,9,Paramilitary Allowance,3,Parangat,2,Passport,17,Paternity Leave,3,Patient Care Allowance,11,pay,8,Pay Anomaly,28,Pay Fixation,101,Payroll,4,PCDA Order,50,Pension,488,Pension Adalat,14,Pension Disbursement,43,Pension Form,6,Pension Revision,164,Pensioner Grievances,50,Pensioner I-Card,10,Pensioner Portal,106,Pensioners associations,118,pensioners retired prior to 1.1.2006,142,Permanently disabled children,15,person with disability,74,Personal Pay,3,Personal Staff to Minister,5,PF Scheme,3,PFRDA Bill 2011,18,pgportal,2,pharmacist,2,Physical Training Instructor,1,PIB,4,Piece work calculation,3,Piece work incentive,4,Piece Work Profit,2,Piece Work Rates,3,Piece Work System,3,PLB,40,Pledge,7,PLR Scheme,1,post office,136,PPF,13,PPF Scheme,8,PPO,46,Pragati,5,Pre-1996,4,Pre-2006,52,Pre-2016 Pensioners,24,pre-retirement counselling,17,Presenting Officer,1,Principal CAT,2,PRIS,19,probation,6,Project Dantak Bhutan,2,Promotions,105,Provisional Pension,3,public grievances,7,Public Provident Fund,8,punctuality,1,Qualification Pay,4,qualifying service,29,Railway Concession Form,3,Railway Servants (Pass) Rules,12,Railways,638,Railways Training Centre,6,Rajbhasha,34,Rajya Sabha QA,38,Rank Pay,22,Ration Money Allowance,3,RBI Circular,12,Re-employed ex-serviceman,43,Receipt Payment Rules,12,Recovery,8,Recruitment,159,Recruitment rules,151,Refreshment Rates,1,RELHS,7,Reply to 7th CPC,12,requisition to SSC,3,reservation,121,residency period,3,Resignation,7,Rest Allowance,1,Retired Employee,45,Retired officers as Consultant,13,Retirement Adviser,1,retirement age,76,Retirement Road Map,51,review of records,2,revised pay rules,29,Right to Information Act 2012,3,Right to Public Service Act,1,Risk Allowance,17,roster,2,Rotational Transfer Policy,12,Rounding Off,2,RTI,65,RTI Call Centre,4,rti online certificate course,2,Rule 10,1,Rule 16(3),1,running staff,18,Safai Karamcharies,1,Sainik School,1,Salary Disbursement,19,Sankalp,27,Sanskriti Schools,3,SAS Examination,6,Saving Bank Allowance,2,sc,22,scholarship Scheme,3,Schools,8,Scientific and Technical Posts,12,Scouts-Guides,2,SCOVA,46,Self attestation,7,Self-certification,7,Senior Citizens,19,Seniority,16,Sensitive Posts,2,Service Book,13,Service Verification,6,Seventh Pay Commission,1105,Seventh Pay Commission Report,106,Sexual Harassment,22,Shramev Jayate,1,shunting duty allowance,2,Sitting Fee Allowance,1,small saving scheme,39,social Media,14,Sparrow,1,Special Allowance,5,Special Casual Leave,4,Special Disturbance Allowance,1,Special Duty Allowance,2,sports-person,29,SSC,10,st,18,Staff Benefit Fund,3,Staff Car Driver,6,Staff Selection Commission,1,Stagnation,5,State Govt Employees,1,Station Leave Permission,4,Stenographer,1,Stents,2,Stepping up of Pay,21,Stiching Charges,2,Stipend,5,Storekeeping Staff,2,Strike,200,Study Leave,6,Substitute Employee,1,summer vacation,2,Sumptuary Allowance,2,Superannuation,6,surplus employee,3,suspension,11,Swantah Sukhaya,2,Swavalamban,29,TA Rules,5,Tatkal Tickets,25,tax,2,Tax Free Bonds,1,TDS,35,TDS Rates,11,technical resignation,5,telephone facility,1,temporary employee,6,Terms and condition,1,Toll Free Number,1,Touring Officer Hostel,14,Trade Apprentices,10,train,113,Training Allowance,6,training policy,34,Transfer Policy,63,Transport Allowance,20,Travelling Allowance,34,tribal area allowance,2,Trip Allowance,2,Uniform Allowance,2,Unit Run Canteen,23,Upgradation of Post,37,UPSC,18,vacancies,27,Veteran Commission,2,Vigilance Clearance,11,Voluntary Retirement,19,Wages,13,Washing Allowance,5,whistle-blowers,7,Widowed Daughter,1,Women Employees,37,Yoga,7,Youth Hostel,3,Zila Saink Board,5,वेतन आयोग,141,
ltr
item
Central Government Employee News and Tools: Implementation of SC decision for amending Rules of Promotion
Implementation of SC decision for amending Rules of Promotion
whether, clarification of, "not adjudged unfit for promotion" to be, as ‘‘nothing adverse against the candidate’’ is given in Supreme Court Citation 1995AIR1457, 1995 SCC(3) 532JT, 1995 (3) 336, 1995SCALE(2) 282, in relation to Department of personnel and Training''s (DoPT) statutory OM. NO. 1/9/69-Estt (SCT) dated 26th March 1970
Central Government Employee News and Tools
http://www.staffnews.in/2013/03/implementation-of-sc-decision-for.html
http://www.staffnews.in/
http://www.staffnews.in/
http://www.staffnews.in/2013/03/implementation-of-sc-decision-for.html
true
3718188640253144573
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy