RESEVATION IN PROMOTION -TREATMENT OF SC/ST CANDIDATES PROMOTED ON THEIR OWN MERIT

No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block
New Delhi- 110001.

Dated the 10th August, 2010.

OFFICE MEMORANDUM

Subject: Reservation in promotion Treatment of SC/ST candidates promoted on their own merit.

The undersigned is directed to refer to this Departments O.M.No.36028/17/2001-Estt. (Res.) dated 11th July, 2002 which clarified that SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No.36028/17/2001-Estt. (Res.) dated 31.1 .2005 that the above referred O.M. took effect from 11.07.2002 and that concept of own merit did not apply to the promotions made by non-selection method.

2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005 [S. KaÌugasalamoorthy v/s. Union of India & Others] has set aside the O.M. No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority, the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UO1 v/s.S. Kalugasalamoorthy [WP No.15926/2007) has upheld the decision of the Central Administrative Tribunal.

3. The matter has been examined in the light of the above referred judgments and it has been decided to with draw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It s clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.

4. These instructions may he brought to the notice of all concerned.

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(K.G. Verma)
Director

HELLO, I AM BACK

I HAVE PURCHASED A NEW COMPUTER AND THE SAME IS  INSTALLED . I WILL NOW  BE WRITING A DAILY THOUGHT AND WILL REGULARLY  UPLOAD NEW G.Rs. , CIRCULARS AND THE JUDGEMENTS ON THE BLOG.


WISHY YOU ALL A HAPPY NEW YEAR.


SHRIDHAR JOSHI

SORRY

THE COMPUTER AT MY RESIDENCE HAS GONE OUT OF ORDER . I AM NOT THEREFORE ABLE TO WRITE THE DAILY THOUGHT AND ALSO SEND THE REPLIES TO MY FRIENDS WHO VISIT THE BLOG REGULARLY AND WRITE TO ME . THE INCONVENIENCE CAUSED TO ALL MY FRIEND IS DEEPLY REGRETTED.

SHRIDHAR JOSHI

Dispensing with second stage consultation with the CVC in disciplinary cases

No.372/19/2011-AVD-III(Pt.I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi the 26th September, 2011.

OFFICE MEMORANDUM

Subject: Dispensing with second stage consultation with the CVC in disciplinary cases.
         
The Government had constituted a Group of Ministers (GoM), on 6th January, 2011 with the approval of the Prime Minister to consider measures that can be taken by the Government to tackle corruption. One of the terms of reference (ToR) of the GoM was to consider and advise on “Fast tracking of all cases of public servants accused of corruption ‘. The GoM, while considering this (T0R) also considered certain important recommendations of the Hota Committee (Committee of Experts to review the procedure of Disciplinary/Vigilance Inquiries and recommended measures for their expeditious disposal) and decided that second stage consultation with CVC in disciplinary matters may be dispensed with. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC should continue.
The above recommendation of the GoM has been accepted by the Government with the approval of the Prime Minister. All Ministries/Departments are, therefore, advised to strictly adhere to the new procedure with immediate effect.
The Central Vigilance Commission has been separately requested to amend its Vigilance Manual and other relevant instructions accordingly.

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(V.M. Rathnam)
Deputy Secretary to the Government of India

Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_19_2011-AVD-III-2.pdf]

Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.

No. 1(14)/2011-E-II (B)

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 3rd October, 2011.

OFFICE MEMORANDUM

Subject: Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.
            The undersigned is directed to refer to this Ministry’s Office Memorandum No. 1 (2)/2011-E-II(B) dated 24th March,2011 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 51% to 58% with effect from 1st July, 2011.
2           The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1 (3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.
3          The additional instalment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.
4          These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees separate orders will be issued by the Ministry of Defence and Ministry of Railways,respectively.
5           In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

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(Anil. Sharma)

Under Secretary to the Government of India