RBE No.91/2018: Implementation of interim Orders

No.2018-E(SCT)I/25/9, dated 19.06.2018

Sub: Implementation of interim Orders/directions in Special Leave to Appeal (C) No.30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No.13218/2009 passed by the Hon’ble High Court of Punjab and Haryana and Special Leave to Appeal (C) No.31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related Court cases – regarding.

A copy of Ministry of Personnel, Public Grievances and Pension (Department of Personnel & Training) Office Memorandum No.36012/11/2016-Estt.(Res-I)(Pt-II), dated 15.06.2016 is enclosed herewith for information and further necessary action.
The above may be brought to the notice of all concerned for strict compliance.

Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
O.M.No.36012/11/2016-Estt.(Res-I)(Pt-II), dated 15.06.2018

Sub: Implementation of interim Orders/directions in Special Leave to Appeal (C) No.30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No.13218/2009 passed by the Hon’ble High Court of Punjab and Haryana and Special Leave to Appeal (C) No.31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related Court cases – regarding.

1. The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP (C) No.28306/2017 has decided to refer to a Constitutional Bench to examine whether its earlier decision in M Nagaraj and others versus Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.

2. The Hon’ble Supreme Court in SLP (C) No.30621/2011 has passed the following orders on 17.05.2018:
“It is directed that the pendency of this Special Leave Petition shall not stand in any way of Union of India taking steps for the purpose of promotion from reserved to reserved and unreserved to unreserved and also in the matter of promotion on merits”.

3. Further, in the matter related to SLP(C) No.31288/2017, connected to a Special Leave to Appeal (C) No.28306/2017, the Hon’ble Supreme Court held as under on 05.06.2018:
“Heard learned counsel for the parties, Learning ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/2011, it is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP (C) No.30621 of 2011”

4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraph 2 and 3 above based on existing seniority/ selection lists.
5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by Hon’ble Supreme Court.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.
7. State Government are also advised to take necessary action in accordance with the above mentioned order passed by the Hon’ble Supreme Court.

Download Railway Board Circular RBE No.91/2018

Forward reference ⇒ RBE No.94/2018