Important DOPT Order regarding Reservation in Promotion on 2.10.2016

Important DOPT Order regarding Reservation in Promotion

No further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010

“Very Important DOPT Order has been issued regarding Reservation in Promotion. DOPT is made subject to the Contempt of Hon’ble Supreme Court. With regard to DOPT order dated 10.8.2010 , Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued.”

No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training

North Block, New Delhi 110001
Dated the 30th September 2016

OFFICE MEMORANDUM

Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.

Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012

The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit

2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.

3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-

“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.

3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.

4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.

sd/-
(G. Srinivasan)
Deputy Secretary

Latest news about Reservation in Promotion

• 7th CPC Promotion: Fixation of Pay on Promotion from the Date of Next Increment Option – Dopt Orders with Illustration September 26, 2024
• DoPT approves Mass Promotion of 1,600 ASOs to SO on directions of Dr Jitendra Singh June 29, 2023
• Qualifying Service for Promotion June 22, 2023
• Supreme Court Judgement on Reservation in Promotion for SC ST Government Employees June 21, 2023
• Verification of qualifying service after 18 years service and 5 years before retirement June 13, 2023
• Granting Level-9 of Pay Matrix (PB-2 GP-5400) on Non-Functional Posts June 2, 2023
• Minimum Qualifying Service Required for Promotion – DoPT Orders issued on 20.9.2022 June 2, 2023
• Exercise of Split Option under Saving Clause of FR-22(1)(a)(1) to eligible CSS Officers August 31, 2020
• Non Functional Upgradation for Postal Superintendent August 9, 2019
• Increased Promotion Quota in Railways July 18, 2019
• Clarification on Benchmark grade in ACR – DoPT issued on 9.7.2019 June 10, 2019
• Procedure to be followed for promotion by Departmental Promotion Committee May 30, 2019
• Review of mode of promotion from Selection to Non- Selection Process April 26, 2019
• Special Dispensation does not exceed one-third (33 1/3%) of the Direct Recruitment vacancies April 15, 2019
• Master Circular on Probation-Confirmation: Mandatory Induction Training March 13, 2019
• Master Circular on Probation-Confirmation: Period of Probation March 13, 2019
• Master Circular on Probation/ Confirmation in Central Services March 13, 2019
• Residency Period for Promotion – Railway Board Circular January 12, 2019
• Amendments Made in Promotion Guidelines for CG Employees January 11, 2019
• MACP in Promotional Hierarchy – AlCAEA October 12, 2018
• Completion of formalities in the matter of promotion of CSSS grades September 4, 2018
• DR Quota in GP 4600 should be Eliminated Totally – NFIR August 27, 2018
• Recording of Higher Academic/Educational Qualification in the Service Record of Employees Recruited through RRBs January 26, 2018
• Promotion of Clerks to Auditors – PCAFYs Orders dt.18.1.2018 January 24, 2018
• Merger of Pay Scales of the Promotional and Feeder Posts – NC JCM writes to Finance Ministry January 22, 2018
• Promotion of Defence Production December 27, 2017
• Relaxation of Residency Period for Promotion – NFIR August 28, 2017
• 7th CPC Promotion Anomaly : Disadvantage on Promotion from one level to another level in Pay Matrix July 6, 2017
• Clarification on Benchmark for Promotion February 23, 2017
• Promotion to the post of Supervisor (NT) from Leading Fireman: Norms Relaxation in OFB – BPMS September 27, 2016
• Promotion of Government Servants exonerated after retirement – Guidelines issued as OM on 25.1.2016 January 28, 2016
• Merit Promotion Scheme (MPS) instead of MFCS – 7th CPC Report December 15, 2015
• Promotion for IAS Officers – Promotion Guidelines reviewed by Dopt October 16, 2015
• Promotion Policy for Women Officers in the Armed Forces July 30, 2015
• Demand to removal of stagnation in services and timely promotions – Central Secretariat Services Forum July 27, 2015
• Officers thank MoS DoPT for speedy promotions July 5, 2015
• Central Secretariat employees demanded removal of stagnation and timely promotions June 4, 2015
• Probation and / or confirmation of Direct Recruit Postal Assistants / Sorting Assistants in the Department of Posts May 5, 2015
• Clarification on residency period for promotion – Orders issued by Railway Board April 16, 2015
• Promotion of UDCs of Central Secretariat Clerical Service to the Assistant Grade of Central Secretariat Service on Ad hoc basis. February 13, 2015
• Promotion benefits can get after retirement for Central Govt Employees February 1, 2015
• There should be No Reservation in Promotions – Supreme Court January 12, 2015
• Dopt Orders on Promotion of LDC as UDC of CSCS on ad hoc basis January 9, 2015