Dear Comrades,
Sd/- (K.G. Verma) Director
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.
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 Departments 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.
2. 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.
3. The matter has been
examined 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.
4. These instructions
may he brought to the notice of all concerned.
Sd/- (K.G. Verma) Director