Reservation in promotion – treatment of SC/ST candidates promoted on their own merit: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
No. 36012/11/2016-Estt(Res)
Government of India
Ministry of Personnel. Public Grievances and pension
Department of Personnel and Training
North Block. New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No. 30621/2011
2. SLP(C) NO. 31735/2011
3. SLP(C) NO, 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) NO.483112012
6. SLP (C) NO.5859/2012
7, SLP(C) No. 5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N06915/2014
10. SLP(C) No. 8327/2014
11. SLP(C) No 16710-16711/2014
12. SLP (C) NO 23344/2014
13. SLP(C) No-23339-23340/2014
14. SLP(C) No. 21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments OM. No. 36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No 36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No, 13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010,
3. Against the Order Of the Hon’ble Punjab and Haryana High Court dated 15.7.2011. an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated -03.02.2015 passed the following interim order In SLP No.30621/011 Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29-9-2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010,
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT OM dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
(G. Srinivasan)
Deputy Secretary
Enclosure: Departments OM. No. 36012/45/2005-Estt (Res) dated 10th August, 2010
No.36012/45/2005-Estt. (Res.)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10th August, 2010.
OFFICE MEMORANDUM
Subject: Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit.
The undersigned is directed to refer to this Department’s O.M.No.36028/17/2001-Estt. (Res) dated 11’h July, 2002 which clarified that 80 ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No.36028/17/2001-Estt. (Res) dated 31.1.2005 that the above referred O.M. took effect from 11.7.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005 (S. Kalugasalamoorthy v/s. Union of India & Others] has set aside the OM. No.36028/17/2001-Estt. (Res) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority. the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of Judicature at Madras in the matter of UoI v/s. S. Kalugasalamoorthy [ WP No.15926/2007 ] has upheld the decision of the Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred judgments and it has been decided to withdraw O.M. No. 36028/17/2001-Estt. (Res) dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and net owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or nonselection method. These orders will take effect from 2.7.l997. the date on which post based reservation was introduced.
4. These instructions may be brought to the notice of all concerned.
(KG. Verma)
Director
Tele: 23092158.
Source: www.persmin.nic.in
[http://documents.doptcirculars.nic.in/D2/D02adm/OM-Dated-30092016.pdf]
COMMENTS
यदि कोई आरक्षित श्रेणी का उम्मीदवार अपनी योग्यता एवं वरिष्ठता के क्रम से पदोन्नति प्राप्त करने का पात्र है तो इस समता आंदोंलन से उसके भविष्य को आघात पहुंचाना उचित नहीं है क्योंकि कुछ सरकारी कार्यालय ऐसे है जहां पदों पर पदोन्नति देने में 20-25 वर्ष का समय लग जाता है और उसके बाद जब पदोन्नति का समय आता है तो किसी भी तरह कानूनी बाधा से कर्मचारी का भविष्य आधार में लटक जाता है जिसमें ऐसे ऊमीद्वार जो किसी भी तरह का आरक्षण नहीं चाहते है इससे प्रभावित होते है और मानसिक तनाव का शिकार हो जाते है तथा उनकी कार्यक्षमता भी प्रभावित होती है। इसलिए पुनर्विचार करने की आवश्यकता है कि जो आरक्षित श्रेणी के कर्मचारी अपनी योग्यता और वरिष्ठता से पदोन्नति के हकदार है उन्हें बिना किसी बाधा के
इस आंदोलन कि शर्तों से मुक्त रखा जाये।
Is the stay in promotion of reserved category candidates to unreserved post also valid for adhoc promotion?
Looking for some DoPT guidelines stating the same.
with reservations in promotions SCST people are occupying Unreserved posts also.Again these UR vacancies are going for recruitment as backlog vacancies.Till date more than 6 lakhs jobs of OBC and OCs were taken away by SC ST students.So for the next 15 years no recruitment for SC ST should be made.ALL OBC and OC students please wake up.
Reservation was introduced by Dr. Ambedkar for upliftment of SC/ST that too for one generation. It was politicised by Madam Indra Gandhi. Now Iam 69 and even now reservation is there. Is it true that even now the SC/ST are working as scavangers and sweepers. There is no SC/ST in the Hogh Echlon posts? First it was SC/ST. Then it was BC and MBC and then caste based. When it will end?