Reservation in Promotion case status after Supreme Court interim Order

Reservation in Promotion after Supreme Court interim Order

Reservation in Promotion case status after Supreme Court interim Order

F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated June 15, 2018

OFFICE MEMORANDUM

Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding

The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M.Nagraj and others vs. Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.

2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:

“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits…….”

3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017, the Hon’ble Supreme Court held as under on 05.06.2018:

“Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”

4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists.

5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.

7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.

sd/-
(G. Srinivasan)
Deputy Secretary to the Government of India

Latest news and court judgement about reservation on promotion

• Exercise of Split Option under Saving Clause of FR-22(1)(a)(1) to eligible CSS Officers August 31, 2020
• Supreme Court Judgement on Reservation in Promotion for SC ST Government Employees February 10, 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 July 13, 2019
• Procedure to be followed for promotion by Departmental Promotion Committee June 2, 2019
• Review of mode of promotion from Selection to Non- Selection Process April 27, 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: Fixation of Pay on Promotion from the Date of Next Increment Option – Dopt Orders with Illustration July 27, 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
• Verification of qualifying service after 18 years service and 5 years before retirement September 18, 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
• Qualifying Service for Promotion May 29, 2014