VERY IMPORTANT JUDGEMENT
FROM HON'BLE HIGH COURT OF MADRAS
IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2009 TO 19-05-2009 HELD NOT LEGAL CLICK HERE TO DOWNLOAD THE JUDGMENT
RESERVATION TO SC, ST IS PROVIDED IN THE MATTER OF PROMOTION
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
UNSTARRED QUESTION NO: 3227
ANSWERED ON: 22.03.2017
Promotion to Reserved Category
KAUSHAL KISHORE Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the non-gazetted employees belonging to the SC/ST categories working with the Central Government and the autonomous institutions are not given promotion as per the reservation guidelines;
(b) if so, the reasons therefor;
(c) whether a number of proposals for amendments in the rules for promotion are under consideration of the Government; and
(d) if so, the details thereof and the reaction of the Government thereto?
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): As per extant instructions, reservation to the members of the Scheduled Castes and the Scheduled Tribes is provided in the matter of promotion when promotion is made: (a) through Limited Departmental Competitive Examination in Group B, Group C and Group D posts; (b) by selection from Group B post to a Group A post or in Group B, Group C and Group D posts; and (c) by non-selection in Group A, Group B, Group C and Group D posts. Reservation in all the above cases is given at the rate of 15 per cent for the Scheduled Castes and 7.5 per cent for the Scheduled Tribes. However, reservation in promotion is not given in the grades in which the element of direct recruitment, if any, exceeds 75 per cent.
As per extant instructions, Autonomous Bodies/Institutions including Municipal Corporations, Cooperative Institutions etc. under the administrative control of the Central Government also provide reservation for Scheduled Castes and Scheduled Tribes in their services on the lines of the reservations in services under Central Government.
However, as desired by the Honble Supreme Court in Contempt Petition No.314/2016, conveyed to the Law Officer and intimated by him, instructions in pursuance were issued by Department of Personnel and Training on 30.9.2016 not to rely upon Office Memorandum of 10.08.2010 for implementation of own merit concept in promotion for Scheduled Castes and Scheduled Tribes. Due to this, there may be administrative difficulties while considering cases for promotion of employees, including SCs and STs, where selections in promotion have already been made on own merit or are to be made by applying own merit by the concerned cadre controlling authority.
(c): No, Madam.
(d): Does not arise in view of reply given to Part (c) above.
Source : Rajya Sabha