Reservation in promotion Treatment of SC/ST candidates promoted on their own merit
DOPT 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 11.07.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
Central Administration Tribunal, Madras Bench in O.A. No.900/2005 (S. KaÌugasalamoorthy 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 UO1 v/s.S. Kalugasalamoorthy [WP No.15926/2007) has upheld the decision of the Central Administrative Tribunal.
The matter has been examined now DOPT in the light of the above referred judgments and it has been decided to with draw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above.
It s 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.
what is going on this om pl.read the follwings.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…PetitionersVersusJarnail Singh and others…Respondents 40. As a sequel to the above discussion, the judgment of theTribunal is set aside. The instructions dated 31.1.2005 (R-2) standswithdrawn on 10.8.2010 (P-10). Therefore, no order is required tobe passed in respect of those instructions dealing with the subjectof reservation in promotion and the treatment of SC/ST candidatespromoted on their own merit. Likewise, the instructions dated10.8.2010 (P-16) are hereby quashed because they are in directconflict with the view taken by the Constitution Bench in M.Nagaraj’s case (supra) and Suraj Bhan Meena’s case (supra). It isfurther directed that the seniority and promotion of the Income TaxInspectors shall be made without any element of reservation inpromotion.41. The writ petition stands disposed of in the above terms.(M.M. KUMAR)JUDGE(A.N. JINDAL)July 15,
Reply
Respected sir,
with due respect I want to say that I am working in Central water commission as Diploma holder junior engineer in “S.T” catogory since 18 september 1986. As per norms of central water commission after getting of 7 years of regular service I was Entitle to promotion from junior engineer to sub divisional engineer i.e 19 september 1993 but I was not promoted that time. so many repersentation were given to compitent authority,but my repersentation was not consider and after getting of 9 years of entitle of promotion time I was prometed As S.D.E on adhoc basis during 2002& my promotion were regulised after getting of 8 years on Adhoc basis ie 4.11.2010. As per information of Central water commission during 1998-99 vacancy of S.D.E in”ST” catagory was available 20 Nos but I was not promoted on Entitle time please in this matter tell me for further necessary action please.
Dear sir, is ther any specific rules or act about the ST Candidate promotion must be given as competes 3 years or 5 years of service ? And departmental promotion must be there at some time after service and cader or pay grade must be given to a employees. Please provide act or some helpful guidance.
Thanks