Latest DoPT Order 2013: Filling up backlog vacancies reserved for Scheduled Castes (SCs)/Scheduled Tribes (STs)/Other Backward Classes (OBCs).

No.36038/1(i)/2013-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated the 21st June, 2013.

Subject: Filling up backlog vacancies reserved for Scheduled Castes (SCs)/Scheduled Tribes (STs)/Other Backward Classes (OBCs).

   A Special Recruitment Drive for filling up of the backlog vacancies reserved for SCs/STs/OBCS had been launched in November, 2008 and was concluded on 3lst March, 2012.

   2. Achievement of the Drive as reported by various Ministries / Departments on its conclusion revealed that out of total 75,522 identified backlog vacancies , there were 64,175 backlog vacancies which could be filled up and of these, 48035 vacancies were filled up. Overall success rate of the Drive was 74.85%. Reasons for non-filling up of reserved vacancies may be attributed to the lack of finishing skills like English fluency or interview skills, non availability of qualified reserved category candidates for posts requiring professional qualification especially in ST category, scarcity of qualified reserved category persons results in job switch over or not joining after selection as they get better jobs and in some cases selection is done on all India basis whereas allocation is made zone/State wise.

Concessions to Scheduled Castes and Scheduled Tribes in posts filled by Promotion by selection-posts within Group A (Class I).

No.36028/8/2009-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi - 110001
Dated : 7th June, 2013

Office Memorandum

Subject:- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by Promotion by selection-posts within Group A (Class I).

   The undersigned is directed to invite reference to this Department OM No.36028/21/2003-Estt. (Res.) dated 29th January 2004 which provides that in promotion by selection to posts within Group A (Class I) which carry an ultimate salary of Rs.18,300/- per month or less, the Scheduled Caste/Scheduled Tribe 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.

   The scales of pay of Group A post have been revised on the basis of the recommendations of the 6th Central Pay Commission. Keeping that in view, it has been decided that orders contained in the aforesaid OM would apply to promotions by selection to posts within Group A carrying Grade Pay of Rs. 8,700/- or less.

   2. All Ministries/Departments are requested to bring the above decision to the notice of all concerned.

Sd/-
(Sandeep Mukerjee)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36028_8_2009-Estt-Res.pdf

Constitutional Amendment Bill for Reservation in Promotion to SCs and STs.

   The Rajya Sabha on Monday (December 17, 2012) passed the Constitution (One Hundred Seventeenth Amendment) Bill, 2012. The Bill proposes to amend the Article 16 (4A) of the Constitution of India. The existing Article 16(4A) provides for reservation in promotion to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) which are not adequately represented in the Govt. services. The proposed amendment would amend Article 16(4A) in such a manner that it would obviate the need of collection of quantifiable data about adequacy of representation and backwardness of the class for reservation in promotion to the SCs and the STs.

   The Government had introduced a Constitutional Amendment Bill in the Rajya Sabha during the last session so that the SCs and STs may continue to get reservation in promotion as in vogue now.

   As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some of the decisions of the Supreme Court cases such as in Indra Sawhney, Veer Pal Singh Chauhan and S.Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, four Constitutional amendments, namely, 77th,81st, 82nd and 85th amendments were effected.

Rajya Sabha Passes Constitutional Amendment Bill.

   The Government of India has always been concerned about the welfare of downtrodden especially Scheduled Castes and Scheduled Tribes. As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some decisions of the Supreme Court like in Indra Sawhney, Veer Pal Singh Chauhan and S. Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, the Government had brought four Constitutional amendments, namely, 77th, 81st , 82nd and 85th amendments.

   The latest of such judgments was in M. Nagaraj case in which the Supreme Court has laid down some pre-requisite conditions for providing reservation in promotion. These conditions are, namely, assessing the quantum of representation of SCs, STs, there backwardness and effect on efficiency.

Reservation in Promotion

   Reservation is available to Scheduled Castes and Scheduled Tribes at the rate of 15% and 7.5%, respectively, in all Groups viz. A, B, C (including erstwhile Group D posts) in case of promotion by non-selection method. In case of promotion by selection method, reservation is available in Group B, C and upto the lowest rung of Group A at the same rates.

   As regards senior posts of Secretary, Additional Secretary and Joint Secretary in the Central Ministries/Departments, these posts are filled on deputation basis under the Central Staffing Scheme except the posts in the Ministry of External Affairs. Reservation does not apply to posts filled on deputation. The officers borrowed from various cadres including the State Cadres, who are empanelled to hold such posts and who give their option for deputation are appointed under the Central Staffing Scheme. Likewise, the posts of Director (not including the posts in Central Secretariat Service) are also filled under the Central Staffing Scheme.

Reservation in Promotion.

   The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution. Opinion of the Attorney General of India was sought on the proposed bill and he had not opined that the Bill on the Constitutional amendment for reservation of Scheduled Castes/Scheduled Tribes in promotion in the Government jobs was erroneous.