No.3601214512005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
OFFICE MEMORANDUM
Dated the 10"' August. 201 0.
Subject: Reservation in promotion - Treatment of SCIST candidates
promoted on their own merit.
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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 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.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 vs.
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 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 lo the notice of all concerned
(K.G. Verma )
Director
Tele: 230921 58.
1.All MinistrieslDepartrnents of the Government of India.
2.All Officers and Sections in the Ministry of Personnel, Public
Grievances and Pensions and all attachedlsubordinate offices of
this Ministry.
3.Department of Financial Services (Banking Division): New Delhi.
4.Department of Economic Affairs, North Block, New Delhi.
5.Department of Public Enterprises, New Delhi.
6.Ministry of Railways (Railway Board), Rail Bhawan, New Delhi.
7.Union Public Service CommissionlSupreme Court of indial
8.Election Commission/ Lok Sabha Secretariat1 Rajya Sabha
9.Secret'ariatl Cabinet Secretariati Central Vigilance Commission/
10.President's Secretariati Prime Minister's Office1 Planning
Commission.
11.Staff Selection Commission, CGO Complex, Lodi Road, New
Delhi.
12.National Commission for SCs. Lok Nayak Bhavan, New Delhi.
National Commission for STs, Lok Nayak Bhavan, New Delhi.
13.National Commission for Backward Classes, Trikoot-I, Bhikaji
Cama Place, R.K. Puram, New Delhi.
14.Office of the Comptroller and Auditor General of India. 10,
Bahadurs hah Zafar Marg, New Delhi - 1 10002.
15CBI, LBSNAA. ISTM. PESB, Central Sectt. Library. MHA
Library.
16.Information and Facilitation Centre, DOPT, North Block, New
Delhi.
17.NIC (Computer Cell) -with the request to upload on this Department's
website.
What is going on this om 10.08.2010
ReplyDeletePlease 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,
Respected sir/madam,
ReplyDeleteI am K. S.Harikrishnan working in CGHS Dispensary as Laboratory assistant from last 1994 to still now, i belongs to scheduled Tribe ( Kurumans )Community,i joined i basic pay of Rs.975 on 1994,
on 5 the pay commission my basic pay fixed in Rs. 3700/- on 6 the pay commission they fixed Rs.7800 + 2000 GP,with out any written letter ,
because my first posting at Mumbai i worked from 1994 to 2009 in Mumbai there due to my health problem i& my wife is cancer patient due to that has tic condition
I will be taken E O L for 780 days including Dies non period also,there after on my own request I transfer to my home town Chennai on 2009 on that period of my transfer i am on medical leave
my Mumbai office as not given any promotion or 6 the pay commission fixation till 2009,there after i joined in chennai march 2009 then my chennai CGHS office as
fixed my basic 7800 + 2000,
so for I completed my 19 years service in CGHS ,but so for I will not get any ACP or promotion still to day,so why such discretion in my service,in chennai office my Junior Lab.Assistant getting GP 2800,But i am getting 2000 GP,
so I request you to kindly take necessary action to provide my ACP or promotion for higher grade pay,to instruct my department to do as per reservation of Scheduled tribe,i request to considered my plight and give render justice
thanks ®ards
K.S.Harikrishnan
CHHS, Dispensery
K.K.Nagar,chennai-78
M-9042920917
House No ;28/7,CPWD.Quarters
K.K.Nagar,chennai-78
i want justice ,because why such indiscretion for ST community
ReplyDeleteThanks®ards
Harikrishnan
CGHS,Chennai-78