Promotion: RBE No.302/1985 – Supersession of SC/ST Candidates
No.82-E(SCT)15/104, dated 17.04.1985
Sub: Supersession of S.C./S.T. candidates in promotion – Submission reporting of cases to Minister and other authorities – Recommendation of the Commissioner for S.C./S.T. in the 25th Annual Report for the year 1977-78.
1. One copy each of Department of Personnel and Administrative Reforms’ letters No.36012/3/75-Estt. (SCT), dated 06.10.1976 and 36013/6/80-Estt. (SCT), dated 21.08.1980 is sent herewith for information and necessary action. In view of the instructions contained in these letters, the cases where eligible S.C./S.T. candidates, though available, are not appointed/ selected against the reserved vacancies, should be put up to the authorities as given below:-
(i) In promotion to group ‘A’ and within group ‘A’
Such case should be submitted to the Minister for Railways/ Minister of State for Railways/ Deputy Minister for Railways/ Minister concerned, as the case may be.
(ii) In promotion to group ‘B’ and within group ‘B’
Such case should be reported to M.R./ M.S.R./ D.M.R. concerned as the case may be, within a period of one month of the finalization of the select list.
(iii) In promotion to and in Group ‘C’ and ‘D’
Such case should be reported to the H.O.Ds., if the appointing authority is lower than that of the HOD and wherever the HOD is himself the competent authority, then to the G.M.
(iv) In regard to promotions by selection to posts within Group ‘A’, which carry an ultimate salary of Rs.2250 p.m. or less and where there is no reservation but the Scheduled Castes/ Scheduled Tribes officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn, to be included in that list provided they are not considered unfit for promotion in terms of Ministry of Home Affairs’ Office Memorandum No.1/9/69-Estt.(SCT), dated 20.03.1970 (reproduced at pages 168-169 of the Brochure on Reservation for the Scheduled Castes & Scheduled Tribes in Railway Services (2nd Edition) and Office Memorandum No.1/10/74-Estt. (SCT), dated 23.12.1974 (reproduced at page 216-217 of the said Brochure). Cases where eligible S.C./S.T. candidates though available in the seniority list within the number of vacancies for which the select list is drawn, are not selected should be submitted to the Minister/ Minister of State/ Deputy Minister concerned, as the case may be.
2. It is further clarified that wherever the S.C./S.T. candidates become eligible for promotion against the unreserved vacancies by virtue of composite seniority and they are superseded by others, such case should also be put up to the authorities as mentioned in para 1 above.
3. The papers should be routed through S.P.O. (R.P.)s on the Zonal Railways and Additional Director, Estt. (R) in the Railway Board.
4. In case of non-safety category, the scheme of promoting best among the failed S.C./S.T. candidates on ad-hoc basis for six months against the reserved vacancies is still in vogue vide Board’s letter No.E(SCT)74 C.M.15/34, dated 19.06.1978 and 81-E(SCT)15/26, dated 23.03.1981. At the end of 6 months, the performance report of such S.C./S.T. candidates is required to be put up to competent authorities through S.P.O. (R.P.) for inclusion or otherwise, of the candidates in the final panel. It is clarified that in such case if the competent authority decides for not including the SC/ST candidates in the final panel, then the papers should be put up to the authorities as mentioned in para 1 above for further review if the competent authority who decided for not including the name of S.C./S.T. candidates in the final penal is lower than the authorities indicated in para 1 above.
Ministry of Home Affairs,
Department of Personnel and Administrative Reforms
O.M. No.36013/6/80-Eslt.(SCT), dated 20.01.1982
OFFICE MEMORANDUM
Sub: Supersession of S.C./S.T. candidates in Promotion – Submission/ reporting of cases to Minister and other authorities – Recommendation of the Commissioner for S.C./S.T. in the 25th Annual Report for the year 1977-78.
1. The undersigned is directed to refer to the above mentioned subject and to say that the Commissioner for S.C./S.T. has made the following recommendation in his 25th Annual Report for the year 1977-78:
“In promotion on the basis of selection, the Scheduled Castes Scheduled Tribes in some cases against the unreserved vacancies may not be included in the select list on the basis of low categorization assigned to them by the D.P.C. It is strongly felt that in posts filled by the promotion on the basis of selection even against the unreserved vacancies all cases of supersession of S.C./S.T. employees should be submitted to the Minister/ Minister of State/ Deputy Minister concerned for their prior approval.”
2. In this connection, attention is invited to Department of Personnel and A.R., O.M. No.36012/3/75-Estt. (SCT), dated 06.10.1976 (copy enclosed) in which Ministries and Departments were asked to submit the case of supersession of S.C./S.T. officers in promotion against reserved vacancies to the Minister/ Minister of State/ Deputy Minister concerned, as the case may be. The Govt. have decided to accept the above recommendation of the Commissioner. It has been decided accordingly that in posts filled by promotion, supersession of SC/ST candidates even against unreserved vacancies should be reported to the Minister/ Minister of State/ Deputy Minister, as the case may be, in accordance with O.M. No.36012/3/75-Estt.(SCT), dated 06.10.1976.
Ministry of Finance etc. are requested to bring the contents of this O.M. to the notice of all attached and subordinate offices.
Ministry of Home Affairs
Department of Personnel and Administrative Reforms
O.M. No.36012/3/75-Estt. (SCT), dated 06.10.1976
Sub: Supersession of Scheduled Castes and Scheduled Tribes candidates in promotion – Submission/ reporting of cases to Minister and other authorities – Recommendation of the Parliamentary Committee on Welfare of Scheduled Castes and Scheduled Tribes.
1. The undersigned is directed to say that in its 41st Report, the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes has recommended (Recommendation No.26) that all cases of supersession of Scheduled Castes and Scheduled Tribes officers in so far as the promotional posts are concerned should be referred to a Quasi-Judicial Tribunal to be constituted to examine proposals for dereservation of vacancies. The recommendation has been examined by the Government. Government have come to the conclusion that while there is no need to constitute a Quasi Judicial Tribunal for examining the proposals for dereservation or for considering cases of supersession of Scheduled Castes/ Scheduled Tribes candidates in promotion keeping in view the spirit of the recommendation, it would be necessary to ensure that the claim of eligible Scheduled Caste and Scheduled Tribe candidates have been duly considered in the matter of selection. It has been decided accordingly that in posts of seniority filled by promotion (by selection or on the basis of seniority subject to fitness) wherever the orders regarding reservation apply, the following procedure should be observed by the appointing authorities, in regard to cases where eligible Scheduled Castes/ Scheduled Tribes candidates, though available, are not appointed/ selected for the reserved vacancies:-
(i) In promotions to Group ‘A’ and within Group ‘A’:
Such cases should be submitted to the Minister, Minister of State/ Deputy Minister concerned, as the case may be.
(ii) In promotions to Group ‘B’ and within Group ‘B’:
Such cases should be reported to the Minister/ Minister of State/ Deputy Minister concerned, as the case may be, within a period of one month of the finalization of the select list.
(iii) In promotions to and in Group ‘C’ and Group ‘D’:
Such cases should be reported to the Head of the Department, if the appointing authority is lower than the level of the Head of the Department and where the Head of the Department is himself the appointing authority to the Secretary to the administrative Ministry/ Department.
Note: The eligibility of Scheduled Castes/ Scheduled Tribes candidates for consideration against reserved vacancies is to be determined in accordance with the appropriate orders relating to reservations for Scheduled Castes and Scheduled Tribes in promotions by selection/ seniority-cum-fitness, etc., as the case may be.
2. In regard to promotions by selection to posts within group ‘A’, which carry an ultimate salary of Rs.2250 per month or less, where there is no reservation but the Scheduled Castes/ Scheduled Tribes officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn, are to be included in that list provided they are not considered unfit for promotion vide Office Memorandum No.1/9/69-Estt. (SCT), dated the 26th March, 1970 read with Office Memorandum No.1/10/74-Esrt. (SCT), dated the 23.12.1974, cases where eligible Scheduled Castes/ Scheduled Tribes candidates though available in the seniority list within the number of vacancies for which the select list is drawn, are not selected, should be submitted to the Minister/ Minister of State/ Deputy Minister concerned, as the case may be.
3. Ministry of Finance, etc., are requested to bring the above procedure to the notice of all concerned.
Download Railway Board Circular RBE No.302/1985
Forward reference ⇒ RBE No.