Copy of OM no 3601214512005-Estt. (Res.) dated 10-08-2010 of Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions NewDelhi
OFFICE MEMORANDUM
OFFICE MEMORANDUMSubject: Reservation in promotion - Treatment of SC/ST candidates promoted on their own merit. --
The undersigned is directed to refer to this Department's O.M.No.36028117i2001-Estt(R.es ) dated 11 th July2002 which clarified that SCI 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 vls. 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 SCIST 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 i n reservation roster irrespective of the fact whether 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
The undersigned is directed to refer to this Department's O.M.No.36028117i2001-Estt(R.es ) dated 11 th July2002 which clarified that SCI 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 vls. 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 SCIST 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 i n reservation roster irrespective of the fact whether 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
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