Reservations in promotion
kumaran
(Querist) 26 February 2014
This query is : Resolved
I am working in a Govt. of India public sector under taking in Chennai. In our company they are implementing illegal promotions against with the Govt. orders. Even we many times we made many written objections still the matter is against to us. The Sc/St association has threatening and get all.
We want to get our legal writes in promotion and we want to stop the sc/st associations over rulings on law.
I AM A GEN. CANDIDATE...
Please give suggestions and guide us to get our legal rights
Sudhir Kumar, Advocate
(Expert) 26 February 2014
vague query.
you have not identified yourself whether you are Sc/ST or gen candidate and you are also not disclosing how you believe which promotion to be illegal.
Rajendra K Goyal
(Expert) 26 February 2014
Queriest,
Answer the questions raised by the expert Sudhir Kumar ji.
Rajendra K Goyal
(Expert) 26 February 2014
Queriest,
Answer the questions raised by the expert Sudhir Kumar ji.
ajay sethi
(Expert) 26 February 2014
answer queries raised by experts
kumaran
(Querist) 27 February 2014
WE ARE NON SC/ST GEN.CANDIDATES
Sudhir Kumar, Advocate
(Expert) 27 February 2014
how do you feel which promotion is illegal. when the promotion was made
Guest
(Expert) 27 February 2014
You have not mentioned against which of the Government's order illegal promotion has been made.
kumaran
(Querist) 27 February 2014
As per DOPT/DPE guidelines, reservation in promotion by selection to SC/STs is applicable up to the lowest rung of Group A / Entry Level of Executive Level namely E-1 scale of pay Rs.16,400-40,500 (in case of CPSEs). In our Company the benefit of reservation in promotion has been extended up to E3 level contrary to the guidelines of DOPT/DPE and undue benefits are being extended beyond E1 (i.e. the entry level Executive Level). In the following O.M.’s issued by the DOPT/DPE the above has been reiterated.
(i) DP & AR 014. No. 10/41/73-Estt (SCT), dated 20-07-74
(ii) DOP & AR O.M.No. 36011/12/81-Estt (SCT), dated 10-11-80
(iii) DOPT O.M.No. 36012/12/88-Estt (SCT), dated 21-09-88
(iv) DOPT O.M.No. 36012/6/85-Estt (SCT), dated 01-11-90
(v) DOPT O.M.No. 36024/4/86-Estt. (SCT), dated 06-06-1990
(vi) DOPT O.M.No.36028/21/2008-Estt.(Res.),dated 29-07-2008
(vii) The BROCHURE on Reservation for SC, ST & Other Backward Classes in Services, DOPT, GOVERNMENT OF INDIA 2011, with related OM No.:36011/11/2011-Estt. (Res.) dated 17th November 2011
a. Page No.: 15 of Chapter 2 in clause No. 2.22- (iii)
b. Page No.: 22 of Chapter 3 in clause No. 3.1
(viii). DOPT OM No. 22011/1/90 – Estt (D), dated 12.10.1990
(ix) DOPT OM No. 22011/1/90 – Estt (D), dated 22.04.92
(x) DOPT OM No. 22011/2/2002 – Estt (D), dated 06.01.2006
Contrary to all these DOPT/DPE guidelines, the Management extended reservation on promotion up to E-3 level which is highly illegal, improper and impermissible.
in fact, the Promotion Policy for Supervisors issued by the Management dt.30.03.2011, it has been stated in Clause 5.0.0 while classifying the supervisory positions that Gr.E-1 to E-2 falls under Junior Management (E1 is the entry level to supervisory status for non supervisors) and Gr.E-3 to E-4 in Middle Management and Gr.E-5 to E-6 as Senior Management. When the above promotions are considered to be Management cadre, the question of extending reservation for such Management cadre promotions is not in accordance with the guidelines issued by the DOPT/DPE.
The information obtained under the RTI Act from National Fertilizers Ltd., Rashtriya Chemicals and Fertilizers Ltd., and DPE, also a proceedings of sitting on 24.09.2008 in Visakhapatnam Steel Plant and with National Commission for ST confirmed that reservation in promotion only up to the entry level of Executive level (E1).
We submitted many representations to the Management herein highlighting the information received under RTI about the DOPT and DPE guidelines.However, the management has not responded to the said representations and given promotions.
2.
As per DOPT/DPE guidelines per OM No.36012/2/96-Estt (Res) dated 02.07.1997, it has been clearly spelt out in the following OMs that there is no exchange of vacancies between SCs/STs. They were reconfirmed vide:
(i) OM No.14017/2/1997-Estt. (RR), dated 19/01/2007 - clause no 8 & 9,
(ii) F. No. 36038/1/2008 – Estt. (Res.), dated 19.11.2008 – clause no 5 of iv and
(iii) OM No.36012/5/97-Estt.(Res.) Vol.II, Dated the 20th July, 2000 – clause no 3
It has been stated in the above OMs that vacancy based roasters have been replaced by post based roasters and the shortfall / backlog of vacancies as on 01.07.1997 would lapse automatically and roasters are to be re-casted afresh as on 02.07.1997. However, in the management re-casting of roasters were done by considering the shortfall / backlog of vacancies as on 01.07.1997 as per 40 Point Roaster and were carried forward to 02.07.1997 in addition to the shortfall / backlog of vacancies as on 02.07.1997 which is not permissible under the DOPT/DPE guidelines.
The management without properly considering the objections received from the individuals who are affected by the said exercise of re-casting, issued the Circular dated 12.02.2013 finalizing 20 cases of preponement and 2 cases for grant of promotion.
Raj Kumar Makkad
(Expert) 28 February 2014
Post the complete relevant facts so as to enable the experts to attend your query.
Sudhir Kumar, Advocate
(Expert) 28 February 2014
you have to be absolutely clear.
Which promotion?
fro which post?
to which post?
on which date?
how many vacancies in higher post?
how many vacancies in promotion quota?
how many vacancies for Gen SC/ST, as per roster including carry forward reservation?
how many SC/ST/Gen promoted?
Sudhir Kumar, Advocate
(Expert) 28 February 2014
For obtaining successful advise you should be able to provide inputs in crisp manner so that other party should be able to understand in one reading.
