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change of caste from obc to sc by d bihar /central govt .

(Querist) 30 April 2016 This query is : Resolved 
dear all expert & honourable sir / madam , i have a
query regarding the benefit of caste changed from
obc to sc . as i am working in psu sector ri8 now
and have joined it while i was obc now in bihar my
caste tanti has been changed to paan swaasi . my
query is will i get the benefit during promotion as
bihar gazzete has declared it that we r now no
more obc and i am able to find pan swaasi in govt of
india gazeete central list as well. kindly help!!!!
Sudhir Kumar, Advocate (Expert) 01 May 2016
when you belong to "X" caste how can now you belong to "Y" caste.

facts are not clear.
P. Venu (Expert) 01 May 2016
In the normal course, you should get the benefit. If not represent.
Sudhir Kumar, Advocate (Expert) 01 May 2016
I am not able to agree

I repeat

when you belong to "X" caste how can now you belong to "Y" caste.
P. Venu (Expert) 01 May 2016
There is no question of agreement or disagreement. Government of Bihar as decided to this effect. The notification is accessible at file:///C:/Users/hp/Downloads/D--Websites-eGazette-GazettePublished-723_2_2015.pdf

Rajendra K Goyal (Expert) 01 May 2016
Agree with expert Sudhir Kumar.
T. Kalaiselvan, Advocate Online (Expert) 02 May 2016
If you belonged to OBC at the time of joining the company, you cannot avail the benefit of SC candidates/employees just because your caste comes under the category due to change in government policy. In my opinion a retrospective effect may not be available to yo so that you can avail the benefits of the change in government's policy.
However, you obtain a community certificate indicating that you belong to the SC community and make a representation seeking the benefits meant for that class of employees, let the company decide.
Guest (Expert) 04 May 2016
To
The Members,
Moving away from the legal opinion I personally feel we should encourage such culture here as it is the reason our society today is eroding.

To
The Author
Sir with all due respect I condemn your thought process. You don't seem ignorant or backward to me in any sense and especially not in the need of reservation, to be precise further benefits. This culture has eaten the away the soul of our society anyways.
Guest (Expert) 04 May 2016
type error in the third line above
Should NOt encourage*
P. Venu (Expert) 04 May 2016
I am afraid the hasty response from the Learned Expert is not at all in consonance with the standing, dignity and integrity of this Forum of which I happen to be a minor contributor.

I request him to desist from such posting which is bound to corrode the soul of this forum!
Guest (Expert) 04 May 2016
Respected Sir,

If your ire is directed at me I would like an explanation as to why do you think my response is corroding the soul of the forum? I am just putting forward my views. You perception may be different and I am interested in knowing why do u feel so.

And I beg your pardon if I have unintentionally hurt your feelings in any manner. But I maintain my stand that those are my views.
Kumar Doab (Expert) 04 May 2016
It is prerogative of the respective govt.
The gazette notification may be pursued.

If it has been notified then look into notification and proceed as per provisions.


It is the govt decision and by attaching the notification the sought benefits may be possible.
P. Venu (Expert) 04 May 2016
The Gazette Notification No.723 dated 2nd July 2015 could be seen at http://egazette.bih.nic.in .

It is a fact that "Tanti" is extincted and it is underlisted in "Paan or Swaasi" In July 2015, Tanti (also known as Patwa) was granted the status of Schedule Castes in Bihar. Earlier, the group was classified as Most Backward Class (MBC).

It is my considered opinion that it is the desideratum for the dignity and integrity of this forum that experts should be objective and detached while giving their suggestions. And for this, facts are sacrosanct.
Kumar Doab (Expert) 04 May 2016
Respected Expert Shri P.Venu,


Sir,


The last post is probably in machine language.


If copy & paste option is not working, kindly try by attaching in notifications section of LCI and post the link or say Google Docs and post the link.
P. Venu (Expert) 04 May 2016
I have since modified the posting and furnished the Gazette No and date of Notification.
Guest (Expert) 04 May 2016
Sure sir. will keep in mind
Kumar Doab (Expert) 04 May 2016
I have pursued the notification.

The 2 page notification is self explanatory.

The benefits being availed prior to date of notification shall not be denied.


The benefit of reservation in promotions may not be necessarily available..............as such benefits have been pronounced/ended by judicial reviews, also.



The state govt authorities can guide the querist further.






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