There should be No Reservation in Promotions – Supreme Court
Supreme Court in a landmark judgement has ruled out reservation in promotion for SC/ST categories.
New Delhi January 10: The Supreme Court has ruled that there could be no quota for SC and ST employees for top posts in public sector banks but reservation for them was permissible in posts from scale-I till scale-VI.
A bench of J.Chelameswar and A.K.Sikri held that though there was no provision for reservation in promotion in banks for officers from scale-I onwards but an office memorandum issued by Department of Public Enterprises in November 2004 permitting quota up to scale-VI.
The bench informed that “the policy of no reservation in the matter of promotion is applicable only from Scale-VII and above. It, therefore, clearly follows that in so far as promotion from Scale-I to Scale-II, Scale-II to Scale-III, Scale-III to Scale-IV, Scale-IV to Scale-V, Scale-V to Scale-VI are concerned, reservation is to provided”. The bench said: “It is clarified that at present there is no provision for reservation in promotion by selection only in respect of those posts which carry an ultimate of 5,700/- per month (revised to 18,300 and 20,800/- per month in respect of those public sector undertakings following IDA pattern). Qua (with regard to) appellant Banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions from Scale-I upwards upto Scale-VI, reservation in promotion in favour of SC/ST employees has to be given.”
The court passed the order on a bunch appeals filed by banks challenging the Madras HC order directing them to provide reservation on the ground that there is no adequate representation of SC/ST category of officers in Group-IV and above.
The apex court held that HC in its verdict of 2009 has gone by the lofty ideals enshrined in Articles 15 and 16 of the Constitution as well as the fact that in there banks there is no adequate representation of SC/ST category of officers in Group-IV and above.
“That may be so. It can only provide justification for making a provision of this nature.
“However, in the absence of such provision, same cannot be read by overstretching the language of office memorandum dated August 13, 1997”, it said.
Clarifying its verdict, the bench said, it would have the effect of allowing the writ petitions with directions to the appellant banks to make provision for reservations while carrying out promotions from Scale-I to Scale-II and upward upto Scale-VI.
Latest news about Reservation in Promotion
- 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
- 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
So it should be based on income and its shouldn’t be based on caste. Now a days many sc st and other obc ppl who are born rich are utilizing these reservations and other general meri people who secure good marks do not get seats in colleges , jobs , promotions etc. Even if we have reservation it should be on the basis of income and below poverty line and not on caste basis.
First of all. we should understand the living conditions, educational environment and quality of life of reservation category people. Think of Children of group VI employees, farm labourers and other unorganised sector employees children. These children grown with malnutrition, poor educational environment. How they can compete with children of Group I officers, where they get highly nutritious food, reading in high quality school. When there is no equality in getting quality education, nutritious food, for all, there must be reservation in all the level of government position.
it is high time that we abolish this reservation system, all the backward classes or the underprivilaged classes can be given financial benefit but not responsible posts if they are not capable , it always should be on merit and not on reservations. India needs to follow the system of equality now and not unwanted politically motivated agendas to divide and harm our future generation.