Reservation in Promotion: RBE No.53/2022 – Procedure to be followed
No.2018-E(SCT)I/25/9, dated 13.04.2022
Sub: Reservation in Promotion – Procedure to be followed prior to effecting reservations in the matter of promotions.
1. A copy of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training’s) Office Memorandum No.36012/16/2019-Estt.(Res.), dated 12.04.2022 is enclosed herewith. The above provisions may be brought to the notice of all concerned. Please ensure adherence and strict compliance of the same.
2. Please acknowledge receipt.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
OM No.36012/16/2019-Estt.(Res.), dated 12.04.2022
OFFICE MEMORANDUM
Sub: Reservation in Promotion – Procedure to be followed prior to effecting reservations in the matter of promotions by all departments of the Central Government.
1. The undersigned is directed to bring to your notice the judgement dated 28.01.2022 of the Supreme Court of India in the case of Jarnail Singh and Ors. V. Lachhmi Narain Gupta and Ors. (Civil Appeal No.629 of 2022 arising out of SLP No.30621 of 2011) and other connected matters. Pursuant to this judgement, the Ld. Attorney General of India has rendered his considered opinion in the matter.
2. In the judgement dated 28.01.2022, the Supreme Court has set out the conditions that are to be satisfied by the Government for the purpose of implementing the policy of reservation in promotions. These conditions are:-
(i) Collection of quantifiable data regarding inadequacy of representation of Scheduled Castes and Scheduled Tribes;
(ii) Application of this data to each cadre separately; and
(iii) If a roster exists, the unit for operation of the roster would be the cadre for which the quantifiable data would have to be collected and applied in regard to the filling up of the vacancies in the roster.
This judgement currently holds the field.
3. All the Ministries/ Departments are required to ensure that the above conditions are complied with before implementing the policy of reservation in promotions and carrying out any promotions based thereon.
4. For this purpose, all Ministries/ Departments are also required to ensure the following:
(a) In terms of DoP&T OM No.43011/153/2010-Estt. (Res.), dated 04.01.2013, the Liaison Officer shall ensure that the reservation rosters are strictly maintained as per the instructions/ guidelines, laid down in DoP&T OM No.36012/2/96-Estt (Res.), dated 02.07.1997.
(b) In order to ensure maintenance of efficiency of administration, the DPC shall carefully assess the suitability of the officers, being considered for promotion.
(c) The Appointing Authority shall issue the appointment/ promotion orders only after satisfying itself that the conditions mentioned in paragraph 2 and sub-para (a) and (b) of this paragraph have been fully complied with.
5. Since the Jarnail Singh batch of cases is pending in the Supreme Court of India, any promotion order issued shall be subject to the further orders that may be passed by the Supreme Court in the said batch of cases.
6. All Ministries/ Departments are requested to urgently bring these instructions to the notice of all their attached/ subordinate offices as also the Public Sector Undertakings and Statutory Bodies etc. for adherence and district compliance.
Download Railway Board Circular RBE No.53/2022
Forward reference ⇒ dated 02.05.2022, 22.06.2022