Home DOPT Orders Treatment of SC/ST candidates promoted on their own merit

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.

OFFICE MEMORANDUM

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.

(K.G.Verma)
Director

Original Copy

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32 COMMENTS

  1. RAMSING PANDAV

    I want to know about provisions of roster implemanteion in promotion of group -A posts on quite tempuruary i.e. look after base but with powers of upgraded post i.e. higher post of group -A then lower post of group -A. Please reply.

  2. please send me the reservation point as per post based roster when the strength of post is 8 nos. the percentage for reservation for SC is 2% and for ST is 12% from the year 2004.

  3. Sir,
    The total no. of posts in a Government department is 8 posts. In the Goa State reservation for SC – 2% and for ST – 12% declared in April 2004 was notified by Government. During the year 2004, 6 post were vacant and all the 6 post were filled in general category in the month of November, 2004 and subsequently in the year 2007, 3 post became vacant due to retirement and the same were also filled in general category. My request is please let me know whether reservation point wasarising at the time of promotion and which post should have gone for SC and which for ST? Thank you

  4. Sir,
    I have few questions about promotion of MCM grade done by DPC .
    Sir, is it possible to take candidates in SC/ST category n then converted into General category

  5. Sir,
    Please send clarification on the following situation/condition:
    10 promotions are to be given. Out of which first point should go to 1 SC and 2-ST and the remaining 7 are for OC employees and there is no SC and ST candidate in the top 10 employees. 10 employees were promoted through a single order including 7 senior OC employees, 1-SC and 2-ST employees (who are junior to OC employees), whether the SC and ST will become senior to the senior OC employees of feeder category after getting promotion through a single promotion order. Or the SC and ST candidates should be placed/shown below the seniors of feeder category after promotion.

  6. Sir,
    I am working as Assistant Engineer AE(QA) erstehile JTO with grade pay of GP:4800 in Defence department.

    # 7 CPC recommendations say that 80% of employees will be up graded to GP:5400 from grade pay GP:4800 upon completion of 4 years in the lower grade pay.

    In this connection, the following points may be clarified as I have affected please.

    (I). Whether the completion of 4 years will be counted from the date of assumption higher post of AE(QA) erstwhile JTO. (or)

    (ii). Whether the completion 4 years will be counted from date of getting GP:4800 in the lower post of Junior Engineer JE(QA) erstwhile Charge man.

    (iii). I have completed 3 years 8 months till date from the assumption of higher post of AE(QA), am I eligible to up grade to GP:5400 as per CQA(V), Ahmednagar seniority list.

    Thanking you,

  7. I needs clarification on the following situation and related to State Government of A.P. and Telangana state::

    From a feeder category 10 promotions are to be given. As per the seniority of the feeder category (employees), there is no SC/ST employee in the top ten candidates. So, the SC candidate who stands at 15th and 19th position and ST at 23rd positions are required to be promoted. As point No.2 and 7 belong to SC and point no.8 to ST. But in seniority where they will stand. As the roaster points are meant for ensuring proper/adequate representation of SC/ST, but these points should not be taken for determining the seniority. As the SC and ST candidates are junior to other 7 candidates who are getting promotions, as such these SC and ST promotees should be placed below the 7th candidate. Please provide clarification on the afore said instance of promotion in A.P state and Telangana state.

  8. our circle office re-structured during the year 1993. our office sanctioned post of clerical employees are 1.Head clerk-3 (2) Senior Clerk-8, and (3) Junior Clerk-21. . Now there are 3 Head clerk and 5 Sr. clerk posts are lying vacant due to retirement of 8 employees from 2010 to 2014. There is no Sc/St. employees between the 21 junior Clerks as they are appointed before 1987. Please advised me how the vacant post will be fill up by the process of promotion.

  9. our circle office re-structured during the year 1993. our office sanctioned post of clerical employees are 1.Head clerk-3 (2) Senior Clerk-8, and (3) Junior Clerk-21. . Now there are 3 Head clerk and 5 Sr. clerk posts are lying vacant due to retirement of 8 employees from 2010 to 2014. There is no Sc/St. employees between the 21 junior Clerks as they are pointed before 1987. Please advised me how the vacant post will be fill up the the process of promotion.

  10. 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.

  11. 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 ?

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