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Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit

No.36012/45/2005-Estt. (Res.)
Government of India
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 11th July, 2002 which clarified that SC/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 O.M.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 not 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 non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.

4. These instructions may be brought to the notice of all concerned.

(K.G.Verma)
Director

Comments

  1. I am SC i was promoted for JAO to AO by local officiating for 89 days to cuddalore now i am in CHennai having two children aged 7 and 5 years. upto 2/2011my name was at sl.7,as per roaster but in the latest order my name was placed at sl.40 there is 5 vacancies at chennai but it was neither consider for roaster nor for ladies whether the order is correct if roaster is implented iam getting chance of Chennai itself .

  2. pushparajan says:

    determining the seniority position of UR in respective guidelines in para 3,4,5 & 6 of D.O.P&T O.M.No.36012/2/96-Esst(Res) Dt.2/07/1997.
    already SC/ST/OBC utilized for the purpose of roster from merit or feeder line.
    most welcome to your reply to my email:-pnpushparajan@gmail.com.

  3. pushparajan says:

    What is going on this om 10.08.2010
    Please read the followings.
    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.CWP No. 13218 of 2009 (O&M)Date of Decision: July 15, 2011Lachhmi Narain Gupta and others…Petitioners Versus arnail Singh and others…Respondents
    40. As a sequel to the above discussion, the judgment of the Tribunal is set aside. The instructions dated 31.1.2005 (R-2) stands withdrawn on 10.8.2010 (P-10). Therefore, no order is required to be passed in respect of those instructions dealing with the subject of reservation in promotion and the treatment of SC/ST candidates promoted on their own merit. Likewise, the instructions dated10.8.2010 (P-16) are hereby quashed because they are in direct conflict with the view taken by the Constitution Bench in M.Nagaraj’s case (supra) and Suraj Bhan Meena’s case (supra). It is further directed that the seniority and promotion of the Income Tax Inspectors shall be made without any element of reservation in promotion.
    41. The writ petition stands disposed of in the above terms.
    (M.M.KUMAR)JUDGE (A.N.JINDAL) July15, replay aiobc.iofs.try@gmail.com