SC/ST reservation in Promotion – Supreme Court Decision

SC/ST reservation in Promotion – Implementation of Supreme Court decision for amending Rules of Promotion – OM No.1/9/69-Estt.(SCT) Dated 26th March, 1970

Minister of State for Personnel, Public Grievances and Pensions Shri.V.Narayanasamy in a written reply to a question in Rajya Sabha on 21st March, 2013 regarding the matter of the implementation of SC decision for amending Rules of Promotion. The important office memorandum, which was published by the Home Affairs on 26.3.1970 is reproduced and given for your ready reference…

The Supreme Court in the matter of National Federation of SBI & Ors. V/s. Union of India (1995 AIR 1457) considered the issue whether concession as per O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970 tantamounts to reservation and has held that in the matter of promotion by selection to the posts within Class I, which carry an ultimate salary of Rs. 2250 (Pre-revised), there is no reservation in favour of Scheduled Castes(SCs) / Scheduled Tribes (STs) but they are entitled to the concession contained in para 2 of the OM dated 26.3.1970 issued by the Ministry of Home Affairs. The concession is that those SC/ST officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is being drawn up will be included in the select list provided they are not considered unfit for promotion.

The Supreme Court has further held that the said candidates would not be entitled, for the purpose of selection one grading higher than the grading otherwise assigned to them on the basis of their record of service. The O.M. dated 26.3.1970 also contains the same instructions that they would not be given, for this purpose, one grading higher than the grading otherwise assigned to them as per their record of service.

The extant guidelines on Departmental Promotion Committee provide that the Departmental Promotion Committees (DPCs) enjoy full discretion to devise their own methods of procedures for objective assessment of the suitability of candidates who are to be considered by them. The DPCs should make their own assessment on the basis of the entries in the Confidential Reports(CRs) now Annual Performance Appraisal Reports(APARs) because sometimes the overall gradings in a Confidential Report may be inconsistent with the grading under various parameters or attributes. The DPC is required to make an overall assessment of the performance of each candidate separately but by adopting some stands/yardstick/norms. The procedure should not be vitiated on grounds of bias, Mala-fide or arbitrariness. As per latest instructions, the DPC is required to grade the officers as ‘fit’ or ‘unfit’ only, after determining the merit of those being assessed for promotion.

The instructions issued by the Department of Personnel and Training on the subject have been extended to all Central Public Sector Undertakings (CPSUs) by the Department of Public Enterprises vide their O.M. dated 27th September, 1978.

The Supreme Court in K. A. Nagamani V/s. Indian Airlines and others (CA 5314/2007) has held that the Recruitment Rules of the Indian Airlines framed by the Corporation were not framed under any statute and therefore are not statutory rules. The Recruitment Rules for the posts and services under the Central Government are delegated legislations and therefore are statutory in nature. Such Rules after notification are laid before the Parliament.

No. 1/9/69-Estt. (SCT)

Government of India

Ministry of Home Affairs

Dated 26th March, 1970

Subject :- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by promotion – Class I Services / posts.

The question of increasing the representation of Scheduled Castes and Scheduled Tribes employees in

Class I Services/posts under the Government of India has been under the consideration for some time past. In this Ministry’s O.M. No.1/12/67-Estt. (C), dated 11th July, 1968, certain concession have been provided to Scheduled Castes and Scheduled Tribes, inter alia, in the matter of promotion by selection to the lowest rung or Category in Class I. It has now been decided that the following concessions and facilities will be provided to Scheduled Castes and Scheduled Tribes officers for their promotions within Class I also.

2. In promotions by selection to posts within Class I, which carry an ultimate salary of Rs. 2,000 per month, or less the Scheduled Castes/Scheduled Tribes officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the Select list has to be drawn up, would be included in that list provided they are not considered unfit for promotion: Their position in the Select list would, however, be the same as assigned to them by the Departmental Promotion Committee on the basis of their record or service: They would not be given, for this purpose, one grading higher than the grading otherwise assignable to them on the basis of their record of service.

3. In order to improve the chances of Scheduled Castes/Scheduled Tribes officers for selection to the higher categories of posts in Class I, it has further been decided that:

(i) Scheduled Castes/Scheduled Tribes officers in Class I Services/posts should be provided with more opportunities for institutional training and for attending seminars/Symposia/conferences. Advantage

could in this connection be taken of the training facilities available at the National Academy of Administration Mussoorie, National Police Academy, Mount Abu, Indian Institute of Public

Administration, New Delhi, the Administrative Staff College, Hyderabad, etc.; and

(ii) It should be the special responsibility of the immediate superior officers of the Scheduled Castes/Scheduled Tribes officers in Class I to give advice and guidance to the latter to improve the quality of their work.

Ministries/Departments under whom Scheduled Castes/Scheduled Tribes Class I officers might be serving should ensure that these decisions are implemented with expedition, Ministries/Departments (or the Heads of Departments) under whom such officers might be serving may specially watch the progress of these officers so that all appropriate steps are taken, wherever necessary, to improve the efficiency of these officers for the purpose of their selection to higher posts.

4. The orders contained in paragraph 2 above take effect from the date of issue except in respect of selections already made prior to the issue of these orders.

5. Ministry of Finance etc., are requested to bring the above decisions to the notice of all concerned.

6. In so far as persons serving in offices under the Comptroller and Auditor General of India are concerned, separate orders will issue in due course.
Source: www.persmin.nic.in