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.


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.


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  1. Parul says

    Sir there is a siniority list of 100 central govt. employees in which 80 employees have to seniority base promote with reservation roster.Please tell me how it can be done?
    01. A UR 26. AA UR
    02. B SC 27. AB UR
    03. C UR 28. AC UR
    04. D ST 29. AD UR
    05. E UR 30. AE UR
    06. F UR 31. AF SC
    07. G UR 32. AG UR
    08. H UR 33. AH UR
    09. I SC 34. AI UR
    10. J SC 35. AJ SC
    11. K UR 36. AK UR
    12. L UR 37. AL SC
    13. M UR 38. AM UR
    14. N UR 39. AN SC
    15. O SC 40. AO UR
    16. P UR 41. AP UR
    17. Q SC 42. AQ UR
    18. R SC 43. AR UR
    19. S UR 44. AS UR
    20. T UR 45. AT SC
    21. U UR 46. AU SC
    22. V UR 47. AV UR
    23. W SC 48. AW UR
    24. X UR 49. AX SC
    25. Y ST 50. AY UR

    51. BA UR 76. CA UR
    52. BB UR 77. CB UR
    53. BC UR 78. CC SC
    54. BD UR 79. CD SC
    55. BE SC 80. CE UR
    56. BF UR 81. CF UR
    57. BG UR 82. CG UR
    58. BH UR 83. CH UR
    59. BI SC 84. CI SC
    60. BJ SC 85. CJ SC
    61. BK UR 86. CK UR
    62. BL UR 87. CL UR
    63. BM UR 88. CM UR
    64. BN UR 89. CN SC
    65. BO UR 90. CO UR
    66. BP SC 91. CP UR
    67. BQ ST 92. CQ UR
    68. BR UR 93. CR ST
    69. BS UR 94. CS UR
    70. BT UR 95. CT UR
    71. BU ST 96. CU UR
    72. BV UR 97. CV ST
    73. BW UR 98. CW UR
    74. BX SC 99. CX UR
    75. BY UR 100. CY UR

  2. Amjad says

    Sir, there is 5 numbers of seniority list of Central Govt. Employees, in which 2 employees have to seniority base promot with reservation roster. Please reply how it can don? Name. Category. 01, A. Gen. 02, B. Gen. 03, C. ST. 04, D. ST. 05, E. ST.

  3. sanjay says

    i wanted to raise few points against reservation in promotion.1) why there is a disparity in the grade / class of job which r being considered for the promotion, why this is not applied in the case of class 1 officers, why because the lawmakers r the top hierarchy.there should be reservation in promotion for the class 1 job also.2) since a particular post (highest post achieved by a person in class 3 and 4 service)is just 15 to 20 percent of the starting post from where a person has joined will be in few years will be filled by the sc and st only because they will be the only eligible persons having more age for the service, this will after 10 years will jeopardise all the deptt, work and will create a chaos in every govt. dept. so every seniormost post will be occupied by sc st only. thanks to the govt. policies.



  5. 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,

  6. ashok kumar meena says

    Total vacancy of assistant engineer 11 in railway deptt.(7 for genral+2 sc+2 st)of seniority based.but no candidate of ST call for examination.WHAT IS THE ZONE OF CONSIDERATION IF Non availability of ST candidate.

  7. Ms Kunda Kerkar, Goa Legislature Secretariat, Porvorim - Goa (Panaji - Goa) says

    Sub: Informing about the illegal act/action on the part of the Secretary, Goa Legislature Secretariat, Porvorim-Goa and Caste based Discrimination and injustice done to me before and after Promotion for the Post of Assistant

    Respected Sir,
    I, Miss. Kunda Narayan Kerkar, Assistant, Goa Legislature Secretariat, Porvorim-Goa, the resident of House No. 42, Ambedkar Nagar, Keri Sattari-Goa bring to your kind notice as under:-
    2. That the Goa Legislature Secretariat, Porvorim – Goa had published the advertisement for the post of Jr. Assistant especially reserved for the Scheduled Caste only, vide advertisement dated 2 July 1999 duly published on ‘The Navhind Times’ dated 2 July 1999 .
    3. That accordingly I had offered my candidature for the said post and I being the alone candidate from Scheduled Caste category at then, appointed on ad hoc basis for the said post vide order dated 1/12/1999, after been taken into consideration my Caste certificate and other documents.
    4. That subsequently I had been regularized for the said post on 25/8/2000 and there after I have been confirmed for the said post on 22/8/2003.
    5. That in my tenure as Junior Assistant i.e. from 1/12/1999 to 18/9/2007 the Goa Legislature Secretariat had conducted promotions two times and I being from reservation category as SC was entitled for the promotion on reservation basis for the post of Assistant which was reserved for SC category for promotion. However I had been ignored, neglected and deprived by the DPC the best reasons known to them and vide order dated 8/4/2002 six candidates had been promoted for the posts of Assistant from General category only.
    6. That ultimately I had been promoted as Assistant on ad hoc basis as reserved category by the DPC vide order dated 18/9/2007 along with three more candidates. Further one more candidate had been promoted vide the same order dated 18/9/2007, however the separate order dated 18/9/2007 was issued to said candidate independently 7. That, after been promoted for the post of Assistant I had been confirmed vide order dated 12/5/2008 and also issued the seniority list vide order No. LA/Admn/2008/638.
    8. That one Mr. Ramchandra Krishna Palekar, resident of House No. 524, Goulembhat, Chimbel, Tiswadi – Goa was also appointed as Junior Assistant in the Goa Legislature Secretariat vide order dated 15/4/2002 in General Category on Merit.
    9. That the said Mr. Ramchandra Krishna Palekar even though selected on Merit furnished his Caste certificate dated 2/7/2003 stating that he is belong to Gawda Community Tribe which is recognized as Scheduled Tribe i.e. he has furnished his Caste Certificate to take the advantage of reserved Point which was reserved for ST on 22/8/2007 to the DPC which was met on 12/9/2007
    10. That the DPC of Goa Legislature Secretariat, Porvorim – Goa had rightly not considered his application along with above said Caste certificate for the post of Assistant which was reserved for ST category since he has been selected on merit at the time of initial appointment for the post of Jr. Assistant, further rightly considering that once any candidate has been selected on Merit than the said candidate cannot take the benefit/advantage of reservation and the said candidate once selected on Merit has to be considered as the candidate of General category.
    11. That the Hon’ble Supreme Court of India held that the persons belonging to the reserved categories, who are appointed on the basis of Merit and not on account of reservation are not to be counted towards the quota meant for reservation. In other words they are to be treated as General category appointment.
    12. That the said Mr. Ramchandra Palekar filed the petitions dated 12/5/2010 to H.E. the Governor of Goa, Raj Bhavan, Cabo Raj Niwas, Dona Paula Goa through proper channel thereby stating in that at Para No. 4 that as per the ‘Post Based Roster’ the reservation for SC, ST and Physically Handicapped for filling the posts of Assistants at then, was as under:
    Point No.8 … First Vacancy … Physically Handicapped

    Point No.9 …Second Vacancy … Scheduled Tribe

    Point No.10…Third Vacancy … Unreserved
    Point No.11…Fourth Vacancy … Unreserved
    Point No.12 …Fifth Vacancy … Unreserved

    13. Which information the said Mr. Ramchandra Palekar sought under RTI, as to how all that five points had been filled-up by DPC. Accordingly the Goa Legislature Secretariat furnished the information to the said Mr. Ramchandra Palekar stating that Point No. 9 … Second Vacancy, reserved for Scheduled Tribe, thereby further stating that Shri Raghunath Raut was promoted for the post of Assistant which was reserved for ST (Point No. 9).
    14. That as stated above if Point No. 9 which was reserved for Scheduled Tribe which is given to the said Shri Raghunath Raut than the said Shri Raghunath Raut was bound to be reverted and not me Miss Kunda Kerkar. Further the said Mr. Ramchandra Palekar made the representation to Shri N.B. Narvekar, Director of Social Welfare and Ex-Officio Joint Secretary, D’te of Social Welfare, Government of Goa, Panaji – Goa dated 6/9/2010 thereby stating on the back side of the said representation at Para 3 the reservation Point as shown in the file and at Para 4 the reservation Point as shown in Promotion Roster, wherein according to the said Mr. Ramchandra Palekar the Point No. 9 i.e. Second Vacancy which was reserved for ST Category was given to Shri Raghunath Raut and further in Para 4 the said Point No. 9 i.e. the Second Vacancy which was reserved for ST category shown as given to Kum. Kunda Kerkar which itself shows that in order to revert me Kum. Kunda Kerkar total manipulation done by the DPC in the entire documents.
    15. That in the said petition dated 12/5/2010 the said Mr. Ramchandra Palekar suppressed the real facts that at the initial appointment he had been appointed on Merit against the post of OBC and not under reserved category as OBC for the reserved post of OBC and as such by getting misconceived with the case of Mr. Ramchandra Palekar H. E. the Governor of Goa advised the ‘Board’ to reconsider the case of Mr. Ramchandra Palekar.
    16. That the said Mr. Ramchandra Palekar had also made complaints to the Director, Directorate of Social Welfare, Government of Goa, Panjim Goa dated 9/12/2009 and Shri R.K. Dubey, Assistant Director, National Commission for Scheduled Tribe, Bhopal thereby alleging that the DPC had done injustice to him while effecting promotions to the post of Assistant, reacting on the said complaint the Assistant Director, Shri R. K. Dubey, National Commission for Scheduled Tribe, Bhopal intimated to the Secretary that the National Commission for Scheduled Tribe taken the said complaint seriously and requested to Secretary, Goa Legislature Secretariat, Porvorim – Goa to examine the matter and submit the detail reply including the certified copies of the relevant ‘Post Based Roster’ (for last five years) seniority list and the DPC proceeding to the Commission with in the period of one month accordingly the Secretary, Goa Legislature Secretariat, Porvorim – Goa submitted the reply stating that in the month of June 2007 Goa Legislature Secretariat proceeded to fill the five vacant post of Sr. Assistant and the resultant chain the vacancies.
    17. The Secretary, Goa Legislature Secretariat also given the information to Shri. R. K. Dubey, Assistant Director, National Commission for Scheduled Tribe, Bopal, at Para No. 5 of the said reply that the seven incumbent in the feeder grade of Assistants of which one to five had completed the required five years of service for promotions to the post of Sr. Assistant and further informed at Para No. 6 – that Nineteen incumbent in feeder grade of Jr. Assistant, of which only ten had completed required three years of service in the Grade. In the said table at Sr. No. 5 I have been shown that I had been appointed on 1/12/1999 (Ad – hoc) and I had been regularized on 25/5/2000 (Regular) and as such I had been completed 7 years 2 month as on date of said promotion and that the information of said Shri Ramchandra Palekar given at Sr. No. 10 stating that he has completed only 5 years 2 months as on date of said promotions and at Para No. 7 of the said reply shown the ‘Post Based Roster’ the reservation for SC, ST and Physically Handicapped for filling the posts of Assistants was as under:
    Point No. 8 … First Vacancy… Physically Handicapped
    Point No.9 … Second Vacancy … Scheduled Tribe
    Point No.10… Third Vacancy … Unreserved
    PointNo.11.. Fourth Vacancy … Unreserved
    Point No.12 … Fifth Vacancy … Unreserved
    18. That entire reply which is given by the Secretary of Goa Legislature Secretariat, Porvorim – Goa to Shri R. K. Dubey, Assistant Director, National Commission for Scheduled Tribe, Bhopal if perused it is seen that, the said Secretary furnished the information regarding the ‘Post Based Roster’ the reservation for SC, ST and Physically Handicapped for filling the posts of Assistants and only shown Point Nos. 8 to 12, and further informed that Point No. 8 – First Vacancy reserved for Physically Handicapped and Point No. 9 Second Vacancy reserved for Scheduled Tribe and purposely not shown the ‘Post Based Roster’ from Point No. 1 to 7, on this count only, it is crystal clear the said Secretary along with the DPC have done total Caste based discrimination and injustice to me, further which point is reserved for SC category is not shown in the said reply or whether said Point No. 9 is made de-reserved and if so de-reserved than under whose permission or NOC nothing has been stated. First of all Question of making the said Point No. 9 as de-reserve does not arrived at all as at then there was a suitable candidate to fill the said Pont No. 9 which was reserved for SC candidate for promotion as stated above. The DPC had conducted the promotions for 6 (six) posts of Assistants in the years 2002 at then I was completed 3 years 4 months in service and secondly I was appointed on reservation category as (SC) and as such I was due for promotion against the Point No. 1 which was reserved for SC category in the years 2002, however I have been purposely totally deprived and neglected from the said reservation Point. That the Secretary and DPC not even bothered to show the Point No. 1 which is reserved for SC category nor bothered to fill up that point from the reserved category (SC) even though the candidate was available with all requirements.
    19. That since I had been totally deprived from the said 1st Point which was reserved for SC category for promotion, I had filed written application to the Secretary and to the Hon. Speaker,
    Goa Legislative Assembly dated 2/5/2005 stating that I being the candidate of Scheduled Caste falling under reserved category, I should have been considered as per the Roster Point, as per Article 16 (4A) and 1 read with Article 14 of the Constitution of India which Article gives guarantees to the Scheduled Castes Fundamental Rights to the Promotion. (herein annexed the copies of the said application dated 2/5/2005 marked to Hon. Speaker and the Secretary for your kind perusal). The Hon. Speaker nor the Secretary had considered my application along with timely reminders for the above said Point No. 1 reserved for SC category for promotion nor given any reply to the above said application dated 2/5/2005 and also timely reminder sent by till date till date which itself going to show that the total injustice done to me on part of Secretary.
    20. Further the DPC had conducted the second promotions for 2 more posts of Assistants in the year 2005 at then I was completed 6 years 2 months in the service; however my candidature against the said reserved Point No. 1 which was reserved for SC category was again neglected and ignored by the best reason known to the said DPC.
    21. Further, I says that in mean time one post of Senior Assistant became vacant w.e.f. 22/6/2011 and which is reserve for Scheduled Caste and as such I had applied for the same vide my application dated 24/6/2011 which was marked to the Secretary, Goa Legislature Secretariat, Porvorim – Goa, however till 5/7/2011 there was absolutely no reply from the said Secretary and as such I had given the reminder which was dated 5/7/2011 for considering my application dated 24/6/2011 there by marking the copy of the same to Hon’ble Speaker, Goa Legislative Assembly, Porvorim Goa, however till date there is no reply from the Secretary.

    22. That ultimately I have been reverted to Jr. Assistant by DPC vide order dated 19/7/2011 and the said Mr. Ramchandra Palekar has been promoted to the post of Assistant considering that the said Point is the Point No. 9 which is reserved for ST category for promotion.
    23. It is specifically stated that if the DPC has considered the Point No. 9 which is reserved for ST category than why the said DPC had not considered Point No. 1 which was reserved for SC category for promotion even though the suitable candidate was available for both the time of promotions i.e. in the year 2002 (six posts ) and in the year 2005 (two posts) .
    24. Ultimately the promotion was given to me under reserved category for SC for promotion on 18/9/2007
    Since the said promotion I had worked honestly and sincerely for my Office without any malice that I had not given promotion on
    two occasions prior to the present promotion even though I was eligible for the promotion based on reservation category as SC for promotion.

    25. That the DPC right from the year 2002 started doing Caste Based Discrimination and injustice to me which itself clear from the information given by DPC of Goa Legislature Secretariat, Porvorim – Goa itself under RTI as Mrs. Anita Naik, at the time of initial appointment was appointed under General category and at the time of promotion held in the 2007 the said Mrs. Anita Naik, is promoted against the post which is reserved for Physically Handicapped which itself shows the irregularities on the part of DPC.

    26. That the ‘Post Based Roster’ says that if any candidate left to give promotion as against the reserved category and that if the said post is already filled up from the reserved category only then the candidate left would be adjusted through future appointments/promotions and existing appointees would not be disturbed. In the case in hand the DPC had not even bothered to maintain the Posts Based Roster, reservations and seniority. As ‘Swamy’s Establishments and Administration’ clearly speak about when regular promotions are made, all ad – hoc appointees should be reverted strictly in the reverse order of Seniority, the Jr. most candidate being reverted first no special concession to be given to SC/ST candidate at the time of such reversion. If this is so than Smt. Smita Arolkar has to be reverted back to the post of Jr. Assistant as she was promoted on 24/9/2007 and I was promoted on 18/9/2007
    It is therefore requested your Honour to kindly investigate in the matter as early as possible in order to sought out the Caste Based Discrimination and injustice caused to me by way of Post Based Roster, Reservation and Based on Seniority as stated above and do the needful as early as possible in the interest of justice.

    Thanking you,

  8. says

    I have been servicing in national institute of financial management sector-48, Faridabad since 17th July,1995 i have not got a single promotion to till date on the basis of resevation. kindly tell me, what a procedure of promotion policy. In this Institute, all officers staff hated with SC/ST. kindly tell me easy procedure of promotion policy, which could represent to Director of NIFM regarding promotion policy. I thankful to you

  9. M.Z Padwekar says

    it is regretted to state that although there is provision to of constitutional safeguard to the SC/ST candidates in Govt. services but there is no use nobody is taking it seriously in my case I am working as a JWM ( Junior Works Manger ) in Ordnance Factory Organization Ministry of Defense H/Q O.F. Board Kolkatta – 700001 and belong to SC categories the persons of general categories who are 1 and 1/2 year junior were promoted 3 years ago as per O.F.B. promotion order no.1) 381/1024/A/G Dated 30/06/2009 and 2)381/1036/A/G Dated 31/07/2009 in violation of SRO no.227 dated Oct 26 / 2002 , part 2 – section 04 where there is no provision for discipline wise promotion for Gr. A JTS but board has done it deliberately and senior person completing 14 years in same grade are left behind where as the person who has completed only 8 and 1/2 years have been promoted is shows the disparity in promotion I have represented the matter to O.F. Board on several occasions,represented to SC/ST commission on dated 18/05/2011 , Laison Officer SC/ST O.F.Board later dated 23/11/2009 but it is of no use and since last 3 years 2009 -10 , 2010-11 , 2011-12 no DPC is being held for the JTS Gr. A promotion irrespective of there is a provision in the SRO 227 dated October 2002 ministry of defense dept. of production and supplies New Delhi that every year DPC should be held conferred by the provision to article 309 of constitution every year but nobody bothered to take it seriously the matter has also brought in the knowledge of secretary defense production consequently senior persons are battling for promotion and juniors are enjoying taking early promotion ultimately after frustration I have filed the case in Mumbai CAT if all these govt. machinery and constitutional provision for SC/ST candidates are useless and I am spending huge amount on court case for Justice are you not feeling all these officers and staff and offices provided for the welfare of SC/ST candidates are nothing but an overhead for Govt. on whom huge amount are being spent.

    Thank you
    yours faithfully
    Mr. M.Z.Padwekar JWM O.F.Varangaon
    Dist. Jalgaon(MS)425308
    Email – Ph.09422224379

  10. says

    sir there are 550 post for driver promotion panel in ‘RAILWAY’ including sc st candidates,but out of which only 50 candidates will send for training of driver further that given him please sir tell me,will they include sc st candidate as per reservation rule in that 50,from 550 candidates for promotion OR they send only 50 general candidates,without sc st.tell me how they send for promotion and which reservation rule is for it.

  11. mukesh says

    is this o m dt. 10/8/2010 stay issued by any High court, Supreme court. pl inform status of the o m. thanks.

  12. M.Z Padwekar says

    @lonare sir,they have to promote the sc/st candidates as per sc/st roster please contact the liaison officer sc/st and get it confirmed that whether he is maintaining the sc/st roster or not if not then you can complaint to the management and DPC proceeding can be held up unless and until roster will not be updated/maintained

    Thankz !

  13. jagadish says

    If a central govt employee gives a letter to the org that “i am not willing to get any benifit of SC/ST further in my service”
    Now what would be the seniorty of the next who is under him or others who are listed below.
    my query is upto above me they got promotion to next grade pay. if one of the person in our senior has given “not willing the benifit of sc/st” what is the rules for this type of problem.

  14. selvi says

    If there is 18 post available how many post should be filled by SC/ST. If it was not taken care what action should we do.
    i want to know Rules of Roster for local temporary promotion. It is possible to tranfer the officer(Lady) away from native place for local temporary promotion even the vacancies are available at native place

  15. jagadish says

    sir i want a model of 40 point roster for promotion in central govt accoring to the catogories.

  16. divya says

    sir, can you please clarify if a person belonging to sc/st once promoted to higher cadre by roster method be considered for further promotion based on his caste(sc/st) under the roster method? (karnataka state)

  17. R.KUMAR, Gen. Sect.AAISCST EWA says

    the SC&ST is eligible for promotion based on post based roster. the reservation in promotions is applicable up to rank of Deputy Director if promotion in based on seniority cum fitness bases or up to Class I post lowest rung if it is based on Selection Method.

    refer DOPT orders available on DOPT site for reference

  18. M.SAIDULU says

    sir,iam eligible for promotion to the post of head of section but not given promotion due to second class in higher education if any relaxation for sc/st candidate in promotion in AICTE ? please give clarification

  19. RANJIT KUMAR says

    Sir, kindly explain about promotion from Sr.Auditor/Auditor to Asstt. Audit Officer according to a 40 points Roster in Indian Audit and Accounts Department. Have any vacancy against SC quota (Roster point) may be filled by a unreserved category when subsequent unreserved roster point is vacant ?

  20. says

    Sir I am working as central govt employee.I joined the post 30th aug 2007. I belong to sc cetegory.kya dpc me sc seat reserve hoti h. Kyoki abhi dpc me doo logo ko promotion diya h aur dono hi gen cete. Ke h.

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