Service matters-reg:_
manden sukesh
(Querist) 24 January 2017
This query is : Resolved
respected sir,
i am working in central Govt Department as a Junior Engineer since 1991. My next promotion post is Assistant Engineer. Our Department is following Seniority cum Fitness for appointment by Promotion to next Higher Post. There is a 100% promotion scheme purely by seniority. In our Department as per GOI policy reservation for SC/ST & OBC has been made at the time of appointment to the POST of JE. But again providing reservation for SC/ST at the time of promotion too. consequent of this the promotional post have more representations for SC/ST category and in near future there will be a cent percentage of SC/ST in top level.
My doubt is " When there is 100% promotion from feeder post to higher post on seniority cum fitness basis, then is there any scope of reservation for SC/ST.
kindly advice me sir,
Thanking your sir.
M. Sukesh
Guest
(Expert) 24 January 2017
Dear Sukesh,
Your story seems to be quite unbelievable that you are a junior engineer since the year 1991 and still waiting for promotion, as no junior engineer in Central Government has to wait for 26 long years for promotion to the cadre of Assistant Engineer.
By the way, in which department of the Central Government you are working?
Guest
(Expert) 24 January 2017
Author Please reply the Question of Senior Expert/Advocate Mr.P.S.Dhingra
H.M.Patnaik
(Expert) 24 January 2017
Pl. answer the above query.
Ms.Usha Kapoor
(Expert) 25 January 2017
Yes!The author has to reply to questions rISED BY SENIOR EXPERTS FIRST.
Sudhir Kumar, Advocate
(Expert) 25 January 2017
Normally reservation roster will not operate if the upper post is having adequate representation. However, if the Sr most persons in seniority list happen to be SC/ST then there is no provision to stop their promotion. They will be promoted as Gen category.
manden sukesh
(Querist) 25 January 2017
Respected members,
I am working in Andaman Lakshadweep Harbour Works (ALHW) under the administrative control of Ministry of Shipping. My case is not serious when compared with my seniors. 1985 batch is still waiting for promotion.One of my colleague retired as JE after 30 years of service. Our department is Primarily entrusted with construction of Harbour & allied structures in marine engineering field for providing landing facilities in A & N Islands and Lakshadweep group of Islands and done exemplary works in these Islands.
Being a Central Govt. Department for each every problem we have to show DOPT orders. In various level, the representation of SC/ST is more than the required.
Earlier in between JE to AE there was IOW post, which is also 100 % promotional post. Later IOW post is merged with JE.
At present JE to AE & AE to EE is 100 % promotional post. By going on maintaining 15% + 7.5% quota for SC/ST on each stage of promotion, their representation is more than the normal. My doubt is whether SC/ST quota is to be maintained in the case of 100% promotion on Seniority cum Fitness basis since quota is maintained at the entry level for SC/ST.
Thanking your sir.
Regards
Sukesh
Guest
(Expert) 25 January 2017
Dear Sukesh,
Reservations are to be made as per the Constitutional provisions. However, reservation in promotions cannot go beyond Junior Time Scale of any cadre in its line of promotion.
So, your doubt that "more representations for SC/ST category and in near future there will be a cent percentage of SC/ST in top level" has no basis.
There is no question of filling up of posts more than the fixed percentage with reserved candidates at any time and there seniority is fixed as per the roaster points in between the unreserved candidates. So, be confident that your promotion can be expected to be made as and when becomes due by getting due seniority for the purpose of further promotion.
manden sukesh
(Querist) 26 January 2017
Respected Members
By imparting reservation in every stages of promotion, it is found that out of 10 EEs 6 post are occupied by SC/ST candidate. similarly out of proportion of SC/ST candiates are there in other post also. But when we consider the representation of OBC, their strength is limited to JE post only. For other promotional post, their representation is merely NIL due to stagnation in JE post. Is there any rule stating that 27% representation of OBC in all category of post is required or not. This may be side effects of 100% promotion concept from JE post to DCE post
Regards
sukesh.
Sudhir Kumar, Advocate
(Expert) 26 January 2017
when 6/10 posts of EE are already held by SC/ST the prima-facie the reservation appears to have exceeded and no further reservation can be made. There is L shape roster for small (less than 13 posts ) cadres.
OBC reservation for 27% applies only for direct recruitment and not on promotion.
H.M.Patnaik
(Expert) 27 January 2017
Agree with Expert views stated above.
Rajendra K Goyal
(Expert) 30 January 2017
Well advised by the expert Sudhir Kumar.
Rajendra K Goyal
(Expert) 15 March 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Person-with-disability-reservation-in-promotion-to-government-employees-in-group-b-seeking-advice--634136.asp
http://www.lawyersclubindia.com/experts/Reservation-in-promotion-to-person-with-disability-reg--634851.asp
http://www.lawyersclubindia.com/experts/Reservation-in-promotion-to-person-with-disability-reg--634381.asp
manden sukesh
(Querist) 17 March 2017
sir it is not repeated query. asking query on different subject.
