No.3601214512005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10"' August. 201 0.
OFFICE MEMORANDUM
Subject: Resewation in promotion - Treatment of SCIST candidates
promoted on their own merit. --------
The undersigned is directed to refer to this Department's
O.M.No.36028117i2001-Est(tR.e s.) dated I lLhJ uly: 2002 which clarified
that SCI 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.3602811712001-
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.90012005
[S. Kalugasalamoorthy vls. Union of India & Others] has set aside the O.M.
No.36028~1712001-Estt. (Kes.) 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 vls.
S. Kalugasalamoorthy [ WP No.1592612007 ] 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 SCIST
candidates appointed by promotion on their own merit and seniority and not
owing to reservation or relaxation of qualifications will be adjusted against
unreserved ~ o i n t so f reservation roster. irresnective of the fact whether the
promotion is made by selection method or non-sele.c t~onm ethod These ) C %
orders will take effect from 2.7.1997. the date on which post based
reservation was introduced.
4. These instructions may be brought lo the notice of all concerned
(K.G. Verma )
Director
3 comments:
WITH THIS O.M. DATED 10.8.2010, THE WRIT PETITION BEFORE KOLKATA HIGH COURT HAS BECOME INFRUCTUOUS, AS THE RELIEF SOUGHT FOR HAS ALREADY BEEN GIVEN BY GOVT.
IF IT WAS BROUGHT IN THE KNOWLEDGE OF COURT, THE CASE OUGHT TO HAVE BEEN DECIDED ON 13.8.2010 ITSELF. THE OM IS ON GOVT. WEBSITE AND IS IN THE KNOWLEDGE OF ALL.
LET THE PROMOTION ORDERS ISSUED ON A COMMON DATE I.E. 1.7.2010 THROUGHOUT INDIA ON A REGULAR BASIS TO AVOID FURTHER COMPLICATIONS AS A ONE TIME MEASURE IRRESPECTIVE OF THE DATE OF JOINING.
Dear all
The latest O.M. of Dopt dated 10.8.2010 is highly confusing and intriguing. When an officer has been appointed on the basis of reservation by relaxing the normal qualifications/standards ( not by virtue of merit) how they can be considered under unreserved quota at the time of getting promotions. Without the benefit of reservation they would not be appointed in the first place. If this order is implemented the balance between the reserved and general quoto candidates will be disturbed. Once roster has been implemented and reservations provided by the Constitution has been provided/achieved such foolish orders will disturb the existing ratio. This order is also totally against the verdict passed by the Hon'ble Supreme Court is R.K. Sabharwal case where in it has been observed by the Hon'ble Court that "It is to be remembered that the equality of opportunity guaranteed by clause (1) is to each citizen of the country while clause (4) contemplates special provision being made in favor of socially disadvantaged classes. Both must be balanced against each other. Neither should be allowed to eclipsed the other............if the reservation is permitted in the vacancies after all the posts in a cadre are filled then serious consequences would ensue and the general category is likely to suffer considerably. ------ On the contrary if the roster is permitted to operate till the total posts in a cadre are to be filled by the same category of persons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained".
How the SC/ST Association is able to get such flabbergasting orders from Dopt totally against the Hon'ble Supreme Court Orders is to be investigated by CBI.
Members of Non SC/ST category Unite Now. We are being taken for a ride. There is absolutely no sense in vicitmising the members of general category inspectors in zones where rota-quota is being maintained as per norms. Still we the general candidates are not able to get Justice. We have to move higher Court and get Justice. But the Association is still being fooled/or pretending to be foolish and taking a stoic stand. The Association should stand by the Aims and Objectives and if any memeber who is acting against the spirit of the Aims and Objectives of the Association cannot be considered as the memeber of the Asociation. The action of M/s. Samiran Roy & Co whole heartedly supported by the entire SC/ST Community is acting against the aims and objectives of the Association. Still the Association Office Bearers is pretending to be unaware of the same and do not prefer to get justice for its general quota members on the fear that the SC/ST members will switch alliance and join some other group. What for do you want to hold on to your chairs if you cannot protect the rights of your members. Till now we have seen politicians doing such things in the name of vote bank, now very disgusting to note that our present office bearers at all india level are also doing the same thing.
Now the writing is very clear on the wall. Every friday on some pretext or the other M/s. Samiran & Co is managing to delay the lifting of stay. We have to move Hon'ble Supreme Court for Justice and also against the Dopt latest orders. Why the Additional Solicitor General is failing to convince the Court about the unnecessary victimization of the general candidates in zones where rota-quota system is being implemented is a big mystery.
August 20, 2010 7:57 PM
Mr. Surya,
I able to understand your feelings, but, the Hon'ble Supreme court has given right verdict that general standard reserved candidates should not be adjusted against the reserved roster poinsts for the reason that if not doing so it becore another big reservation to the General Candidates i.e. 77.5% which is against the constitution. Hon'ble Supreme Court taken right view that the unreserved vancancies should be sufffered considerely other wise, it become gross insustive to the weaker sections.
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