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Wednesday, September 1, 2010

Elimination of merit/senority in Reservation

A letter by Sri. S.Kumaraguru,Inspector of Central Excise 38, Gandhi Road,Salem 636 007 regarding elimination of merit and seniority in reservation. The member has made lot of effort in making this letter which is addressed to DOPT.

Letter dated
30.8.2010 to DOPT can be accessed here : CLICK HERE

FOR SENIORITY/MERRIT ELIMINATION CLICK HERE

FOR 200 POINT ROSTER CLICK HERE

11 comments:

surya said...

Dear all
Two weeks back I had blogged similar views on the site. The latest dopt instructions proves to be an action mocking the merit/seniority of the officers even after providing the requisite percentage of reservations as provided in the Constitution. The decision of the Hon'ble Supreme Court is the law of the land and when the Decision arrived by the Hon'ble Apex Court is clear and umambiguous, how the Dopt can modify the instructions in the line of CAT/High Court decisions is a point to be debated and challenged in the Hon'ble Apex Court. Members please go through the decisions of the Courts in detail and communicate your views on the site. The resevation percentage provided in the constitution should be granted without doubt, but thereafter Let JUSTICE, MERIT AND SENIORITY PREVAIL

murali said...

aiceia is requested to consider the contents put forth in the letter. Let justice prevail.

shekhar said...

aiceia is requested to act to the genuine demand of the members in r/o roster policy and thereby they are not doing any harm to anybody or otherwise it becomes appeasement of one category over the other

rajaguru said...

We expect justice truly in accordance with the decision of the Apex court. AICEIA should discard the silence and take a judicious stand based on merits.

RAM said...

Please understand that the Seniority and roster are seperate. In seniority list, the SC officers will find the lowest place in the batch, as THEY ARE APPOINTED AT THE MERCY OF THE CLEVER OFFICERS.

Roster is giving due representation ie fitting their place.

So please do not get confused with the Seniority list and the roster point.

Further, the points put forth by Shri.Kumaraguru, Inspector is only his personal view and can not be considered as golden rule.

As a law enforcing officers, we often used to interprete a Notification or Circular or the Chapter Notes differently.

So this was his opinion and not a final one. However, i appraise him for his concerted efforts to do something on his part.

rajaguru said...

Dear Shri. Ram,
Your comments seem to be vague. I request you to make a detailed presentation, how the arguments of Shri. Kumaraguru are not correct. The intention and purpose is only to arrive at the correct interpretation in accordance with the verdict of the Hon'ble Apex court. I believe that your article on the subject matter would also be published by Shri. P.V.Raju in this site. Let us have the view points from both the sides in the form of a serious article instead of casual blogging. Since the view point of one side is made as an article by Shri. Kumaraguru, we welcome the article containing the contra points also.

Jasram said...

Dear Blogger
I appreciate the efforts made by shri Kumarguru to misinterprete the judgment of Hon'ble Supreme Court in the case of R K Sabharwal vs. State of Punjab and OM dated 02.07.1997 and 10.08.2010 issued by the DOPT which are presently effective for implementation of reservation policy of Govt. of India. Repeated references of various judgments which are superseded either by the judgment of Hon'ble Supreme Court or the OMs issued by the DOPT create confusion among the members. The DOPT has posted a Draft circular dated 25.06.2010 on the website for comments which include all the provisions related to reservation and operation of post based rosters in Govt. Services and will supersede all the earlier OMs and provisions. Please go through it and comment accordingly. Mr. Kumarguru has put an ideal situation wherein the no. of posts for ST and SC is shown as 14 and 30. If there are 20 and 40 candidates belonging to ST and SC are within the zone of consideration at par with the General candidates and criteria for promotion is seniority cum fitness then where the reserved candidates must put in the post based roster as the roster points reserved for them are already occupied by the respective category candidates. whether the said candidates would be denied promotion on the ground that no roster points are available for the category to which they belong or would be treated as excess representation of these category after giving promotion to them. Please clarify what is the own merit formulae in the promotions where eligibility criteria is seniority cum fitness.

Bharti Benam

rajaguru said...

That's nice. Shri. Jasram's blog seems to have some force. I appreciate Mr.Jasram to effectively putforth his point of view in a healthy manner without carried away by emotions and hatred.

This should be the attitude and spirit while making the point of view.

RAM said...

Dear Rajaguru

I said Seniority list and a roster are two seperate documents ad can not read altogether.


Reservation in seniority and promotion on their own are different from a roster point.

That's waht i want to insist. I feel it is not in vogue.

RAM said...

Dear Rajaguru

I said Seniority list and a roster are two seperate documents ad can not read altogether.


Reservation in seniority and promotion on their own are different from a roster point.

That's waht i want to insist. I feel it is not in vogue.

rajesh said...

dear all
as copied from the comments from GCONNECT....


The SC/ST candidates who get promotion based on their own merit do not loose their identity as SC/ST. It is only for the purpose of ascertaining the total SC/ST candidates in cadre these SC/ST candidates who have promoted on the basis of merit will not be counted as SC/ST rather they will be counted as unreserved candidates. It may also be placed here that it is not to be ascertained as how many SC/ST candidates are there in cadre rather it is to be ascertained as to how many SC/St candidates have been absorbed against the Roster points earmarked for SC/ST. Please do not get confused that whichever SC/ST candidates get promoted is absorbed against the SC/ST points of the Post-based Roster. They may be absorbed against the unreserved points of the Post based roster. Foe example if there are 200 posts vaccant in any cadre, the top 155 candidates in the merit list will be promoted irrespective of the fact that amongst the top 155 candidates there are SC/ST candidates too. These SC/ST candidates who have been promoted within those top 155 candidates will be considered to have been promoted by virtue of their merit and as a result of this they will be shown against the Unreserved points of the Post based roster. It’the first 155 roster points are earmarked as unreserved points while the bottom 45 (15% for SC and 7.5% for ST) are exclusively reserved for SC and ST candidates only. The SC/ST candidates who are selected for promotion (excluding the SC/ST candidates who are in the top 155 candidates absobed against the unreserved points of the roster)against this leftover/lower 45 posts are to be considered as Reserved acndidates for the counting purpose only.