Very Important DOPT Order regarding Reservation in Promotion

Very Important DOPT Order regarding Reservation in Promotion
Very Important DOPT Order regarding Reservation in Promotion

Very Important DOPT Order has been issued regarding Reservation in Promotion. DOPT is made subject to the Contempt of Hon’ble Supreme Court. With regard to DOPT order dated 10.8.2010 , 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.

No further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010

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 0M. 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 0M 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

View the Order

Whats DoPT Order dated 10.8.2010 says in Reservation in Promotion

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

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.

It has been decided by the DoPT 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.

See the DoPT Order

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8 thoughts on “Very Important DOPT Order regarding Reservation in Promotion”

  1. I HAVE GOT MACP GRADE PAY 2400/- TO 2800/- IN PAY BAND I, ON 15/01/2013 AND I WAS PROMOTION ON 24/12/2013,IN THE GRADE PAY 4600/- PAY BAND II, I HAVE GOT ONE INCREMENT AT THE TIME OF MACP & I HAVE NOT GOT ANY INCREMENT IN PROMOTION ONLY GRADE PAY CHANGE IN THAT TIME I WANT TO KNOW WAS I GOT INCREMENT IN TIME OF PROMOTION? IN THAT TIME CHANGE GRADE PAY AND PAY BAND PLEASE ADVISE ME

    THANK YOU

  2. Narender kumar

    If sc/st candidate is senior than general candidate in prmotion in present situations then what will be happen ? Please must reply this question

  3. When they sort out of this case and how many days to wait to get the promontion . My junior is getting the promotion in jp division but i am not getting the promotion because this case . My junior has been get the promotion of jan. 2016

  4. Is this order valid on Ad-hoc promotion as well ?
    Also, my office had done an ad-hoc promotion in July 2016, till then this order was not issued.
    However, the office issued an order of extension of ad-hoc promotion of the same order issued in July 2016 in January 2017 and did not take into account this order by DoPT. Is this also a contempt? Since during the original order this order was issued however, during extension, this order was issued, and there are almost 10 unreserved seats which have been occupied by reserved quota.

  5. In further elaboration to my earlier comments, it is pointed out that the stay order is of status quo nature, where no activity pertaining to the issue is expected to be undertaken by the party concerned till the expirey of the date of stay order or the final judgment, whichever is earlier.

    So, the activity of issue of 5 orders each on the part of the DOPT and Rilways clearly calls for the contempt of court.

    Even the present instruction of the DOPT stating that “till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.” is irrelevant, while no instructions have been issued to hold in abeyance of the stated 5 notifications each of the DOPT and Railways.

    So, there is no escape for both the departments from the contempt issue. Existence of all those notification is the base of the comtempt issue.

  6. Even on issue of the present order, dated 30th September 2016, of the DOPT, the DOPT and Railways can’t escape from comtempt of court for issue of 5 notifications issued by the DOPT and 5 Notifications issued by the Railways contrary to the status quo order dated 03.02.2015.

  7. Mahasen Gandle

    Dopt order is inconsistent and illogical, till the supreme court decides the issue there was no need to issue interim order. What will happen if Apex court decides in favor of SC/STs. This interim order will have to be cancelled. This interim order is therefore full of malice and need to be withdrawn forthwith.

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