Reservation in promotion DoPT Order dated 10.8.2010
DoPT vide its OM No.36012/45/2005-Estt. (Res.) Dated the 10th August 2010 issued an important instructions in respect of Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit
This DoPT order dated 10.8.2010 is an important order reservation in promotion. Many Court cases challenging this order have been filed Hon’ble High Court and Supreme Court’
The content of the DoPT order is given below
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.
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Sir, I am belonging to SC caste and working as Steno Gr.II since 16th June,2003 in the office of Directorate General of Mines Safety, Ministry of Labour & Employment. Now in the Steno Gr.I 41 post are vacant from last 5 year but we do not got the promoted in Steno Gr.I. Now, 10 years service is required for promotion from Gr.II to Gr.I in normal way. Please let me know that can I got the promotion in Steno Gr.I as per recent reservation rules in promotion. Pl mail me as soon as possible. thanking you.
sir i want to know that how much relaxation is given for a sc candidate in marks in the railways departmental examination for commercial inspectors
railway group c ldc me service kitni honi jaruri hi
Some news clips
Publication: The Times Of India Mumbai; Date: Apr 29, 2012;
Section: Times Nation; Page: 7
SC quashes promotion quota in UP
New Delhi: Terming the move unconstitutional, the Supreme Court has quashed Uttar Pradesh government’s decision to provide reservation benefits for scheduled castes, scheduled tribes & OBCs in promotions to higher posts, saying the same was done without any sufficient data. Upholding a bunch of petitions filed by aggrieved general category employees challenging the reservation in promotions, the apex court said the state failed to furnish sufficient valid data to justify the move to promote employees on caste basis. AGENCIES
http://www.samtaandolan.co.in/attention_detail.aspx?atid=19
Title: SC VERDICT 27.04.2012 – IN UP DEMOTION OF EMPLOYEES PROMOTED BY RESERVATION SINCE 1994
राजस्थान के समता कार्यकर्ताओं को हार्दिक बधाई । माननीय सर्वोच्च न्यायालय ने उत्तर प्रदेश के मामले में दिनांक 27.04.2012 को जारी निर्णय में उत्तर प्रदेश में पदोन्नति में आरक्षण को वर्ष 1994 से पूरी तरह समाप्त कर दिया है । इस कारण उत्तर प्रदेश में आरक्षण का लाभ लेकर 1994 के बाद पदोन्नत हुये सभी लोक सेवकों की पदावनति (DEMOTION) सुनिश्चित है । इस निर्णय का प्रभाव राजस्थान पर भी आना सुनिश्चित है ।
यह एक उत्कृष्ट निर्णय है । निर्णय के पैरा 38 में एम.नागराज के प्रकरण में दिये गये निर्णय में निर्धारित 10 अनिवार्य नियमों स्पष्ट रूप से लिख दिया गया है जिनकी पालना के बिना नौकरियों में एवं पदोन्नतियों में आरक्षण नहीं दिया जा सकता ।
The SC decision is in the CIVIL APPEAL NO(s). 2608 OF 2011
U.P.POWER CORP.LTD. Appellant (s)
VERSUS
RAJESH KUMAR & ORS. Respondent(s)
order available in the following link http://courtnic.nic.in/supremecourt/temp/2608201152742012p.txt
sir i want to know that if a candidate recruited against SC/ST Quata whether he is eligible for his next prmotion under SC/ST Quota if so he is senior in the seniorty list
Sir,
I stenographer Grad ‘D” is an employee of Indira Gandhi Rashtriya Uran Akademi, Raebareli an autonomous body under Ministry of civil Aviation, New dehli. Is DOPT ORDER regarding Grant of Grade Pay of Rs. 4200/- to Stenographers Grade ‘D’ of CSSS – Issuance of Zone of Consideration for placement of eligible Stenographers Grade ‘D’ in Non-Functional Selection Grade (NFSG)is applicable or not.
sir Iam serving in GITI as instructor. promotional post Foreman is 100% fillup by promotion. how can sc/st get chance witout reservation when long list of general cast.
agyaram-lucknow
mob 9450020092
sir’I am serving in ITBP as hindi tranlator, first time 04 promotional post are raised. and all four post are going to general cast. please clarified this *there is no right to promotion for sc/st candidate among these four new raised post.It is also requested to clear doubt that whether 50 percent limit on reservation would apply in the cases of reserved category candidate who are selected on their own merit in recruitment/promotion.i.e. one post for SC and one post for ST must be considered among these four new raised posts.
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,
Reply
the latest decision on the reservation on promotion is delivered by the Punjab & Haryana High Court. the decision is available in the following link
http://lobis.nic.in/phhc/showfile.php?sn=268
the operative part of the order is.
39. The net result is that no reservation in promotion could be made in pursuance to office memorandum dated 2.7.1997. We are not dealing with many other contentions raised by the learned counsel for the petitioners for the reason that the core issue going to the roots of the matter has been determined in their favour and such a necessity is obviated.
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 dated
10.8.2010 (P-16) are hereby quashed because they are in direct
conflict with the view taken by the Constitution Bench in M. M.
Nagaraj Nagaraj’s case ’s case ’s case (supra) (supra) (supra) and Suraj Bhan Meena’s case (supra) Suraj Bhan Meena’s case (supra) 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.
Hence the entire reservation effected from 1997 will have to be reviewed to withdraw the reservation granted in promotion.
Check it out!!!!!!
im aemploye of ordnance factory of sc category, but my seniority list is not maintained properly as roster. what can i do ?pl. clarify.
I MR.ROOP SINGH LDC/ORDNANCE PARACHUTE FACTORY,KANPUR MR.BHARSAKLEY PROMOTED ST CANDIDATE PROMOTED IN GENERAL MARIT BUT DEPARTMENT USE IN ST POINTS.THEN ST POINT CREAT 14 POINT OF ROSTER RESEVATION POINT THEN DEPARTMENT USE UN PINT OF MARITE LIST,THEY CAN NOT PROMOTION OF ROOP SINGH,LDC.
Please first verify whether reservation in Class A is applicable,then take up the issue through SC/ST welfare association.
Depriving the reserved categories candidates from promotion in central Govt. services I am facing the problem that the junior fellow who are unreserved have been promoted earlier to their counterpart due to non-sticking to SRO by authority this has made a complete disparity and violation of constitutional safeguard to the reserve candidates and the complaint has been made to SC/ST commission and national commission for schedule caste New Delhi similarly complaint letter sent to deparment ( Ordnace factoy Board Kolkata Ministry of Defence )But neither department nor ST/SC commission taking it seriously ultimately the individuals is demoralized and his Junior(one and half years) fellow become a Group A gageted and now 2years senior which will DOPT or any other agency is their who can give justice to the individuals please kindly inform or write in a post comment please !!
Privatization is going on in state electricity board. I was selected with reservation in promotion. will i be able to get reservation after privatization and unbundling of seb? Please help to solve query.
while arriving at the conclusion term of own merit, if any reserved candidate get general standard of aggregating marks i.e. 50%, even one of the subject was passed with relaxed standard. did own merit count by means of aggregating mark?
for example if candidates get passed below 50% than they may be treated as passed with relax standard but by virtu of aggregating marks own merit may reckoned. becouse methodology not mention any where except the term “passed with relaxed stanadard” did not take away marking scheme of agreagating. becouse on the basis of aggregating marks candidate declared passed and then only seniority list is prepared.
Sir,
If a reserved candidate is selected by securing the marks equivalent to the marks obtained by general candidate and later on pass the departmental examination by securing the lesser marks i.e. relaxation available to reserved candidates. whether he will promoted against the vacancy of General candidate.
OR
If the candidate is selected as reserved candidate and later on pass the departmental examination by securing marks equivalent to general candidates. whether he will promoted against the vacancy of General candidate
Sir, Kindly send by mail the latest promotion rules and what would be the fate of such type of me people who are suffering from the disparity of promotion of juniors prior to me.
Phool Chand.
Sir, Some direct recruited Inspectors promoted as ITO on the basis of deemed date of joining in Kanpur charge in 2005 leaving senior promoted Inspectors on the basis of substantive date of joining. As per new DOPT directions No.36012 dated 10.8.2010, the seniority of the looser Inspectors who promoted later as ITO will get their seniority before the juniors (who had been promoted on the basis of deemed date of joining), and will be promoted in the next cadre of ACIT before the juniors, on the basis of seniority of their own also.
sir i wants to know whether sc/st in service if ttey aer eligilble to get 19present seats to be reserve for them in promotion
Sir, In the Income Tax Department the percentage of marks to qualify the Deptt. Exam for ITO is 50% for general caste employees whereas 45% is for SC/ST employees to qualify for exam. If a general caste employee get 45% he/she can write for 50%, but if an employee of reserved catagory get 45%, he/she declared pass by the Deptt and he/she can not allowed to write for 50%. In this situation, a reserved employee denied to write for 50% which is fixed by the Deptt. for general catagory and the Deptt is also not giving promotion to the reserved employees even if they are seniors than the general. Sir, will the DOPT clarify the issue of own merit to the CBDT. Thousands of reserved employees have been debarred from promotion to the post of ITO/IIT for which they are being harassed by the Deptt.