RESERVATION FOR CANDIDATES FROM OTHER BACKWARD CLASSES - REVISION OF INCOME CRITERIA AND DETERMINING EQUIVALENCE OF POSTS IN CENTRAL PUBLIC SECTOR ENTERPRISES (CPSES), PUBLIC SECTOR BANKS, PUBLIC FINANCIAL INSTITUTIONS, ETC. WITH POSTS IN GOVERNMENT FOR ESTABLISHING CREAMY LAYER CRITERIA – REGARDING

F. No. 36033/2/2018-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment (Reservation-I) Section

  North Block, New Delhi Dated June 8, 2018

To

            The Chief Secretaries of all States / Union Territories

Subject:- Reservation for candidates from Other Backward Classes - Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding

Madam/ Sir,

            I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 which, inter-alia provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the ‘creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes.

2.         The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.

3.         This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:

i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;

ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and

iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.

4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.

Yours faithfully,

Sd/-

(Raju Saraswat)

Under Secretary to the Government of India

Telefax - 23092110

Copy to:

1. All the Ministries/Departments of the Government of India

2. Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi

3. Department of Public Enterprises, CGO Complex, Lodi Road, New Delhi.

4. Department of Financial Services, Jeevan Deep Building, Parliament Street, New Delhi

5. National Commission for Backward Classes, Trikoot-1, Bhikaji Cama Place, R. K. Puram, New Delhi

6. Hindi Section for providing a translation

7. Guard File

RESERVATION IN PROMOTION CASE STATUS AFTER SUPREME COURT INTERIM ORDER (DOPT ORDER)

F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated June 15, 2018

OFFICE MEMORANDUM

Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding

The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M. Nagraj and others vs. Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.

2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:

“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits

3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017,  the Hon’ble Supreme Court held as under on 05.06.2018:

“Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”

4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists.

5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.

7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.

(G. Srinivasan)
Deputy Secretary to the Government of India