Seniority of SC/ST Government Servants on promotion by virtue of rule of reservation/roster.
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, dated the 21st January, 2002.
SUBJECT: Seniority of SC/ST Government Servants on promotion by virtue of rule of reservation/roster.
The Seniority of a person appointed to a post is determined according to the general principle 5(i) contained in MHA OM No. 9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No. 22011/7/86-Estt. (D) dated 3.7.1986 read with DOPT OM No. 20011/5/90 Estt (D) dated 4.11.1992 (copy enclosed). Seniority of such persons is determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades is determined in the order of selection for such promotion. Thus, as per the aforementioned instructions, persons appointed through an earlier selection would enbloc be senior to those promoted through subsequent selection.
2. This position was reviewed subsequent to the judgment of the Supreme Court dated 10.10.1995 in the case of Union of India Vs. Virpal Singh Chauhan etc. (JT 1995(7) SC.231) and it was decided vide DOPT OM No. 20011/1/96-Estt.(D), dated 30.1.1997, to modify the then existing policy by addition of the proviso to general principle 5 (i) contained in MHA (now DOPT) OM No. 9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No. 20011/7/86-Estt.(D) dated 3.7.1986 which stipulated that if a candidate belonging to the Scheduled Caste or the Scheduled Tribe is promoted to an immediate higher post/ grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/grade, the general/OBC candidate will regain his seniority over such earlier promoted candidate of the Scheduled Caste and the
Scheduled Tribe in the immediate higher post/grade.
3. The Government have now decided to negate the effects of the DOP&T OM dated 30th January, 1997 by amending Article 16(4A) of the Constitution right from the date of its inclusion in the Constitution i.e. 17th June, 1995 with a view to allow the Government servants belonging to SCs/STs to retain the seniority in the case of promotion by virtue of rule of reservation. In other words, the candidates belonging to general/OBC category promoted later will be placed junior to the SC/ST Government servants promoted earlier even though by virtue of the rule of reservation.
4. Therefore, in pursuance of the aforementioned Constitution (Eightyfifth) Amendment Act, 2001, it has been decided as follows:
(i) (a) SC/ST Government servants shall, on their promotion by virtue of rule of reservation/roster, be entitled to consequential seniority also; and
(b) the above decision shall be effective from 17th June, 1995
(ii) The instructions contained in DOPT OM No. 20011/1/96- Estt (D) dated 30.1.1997 as well as the clarifications contained in DOPT OM No. 20011/2/97- Estt. (D) dated 21.3.1997 shall stand withdrawn w.e.f. 30.1.1997 itself.
(iii) Seniority of Government servants determined in the light of O.M. date 30.1.1997 shall be revised as if that O.M. was never issued.
(iv) (a) On the basis of the revised seniority, consequential benefits like promotion, pay pension, etc. should be allowed to the concerned SC/ST Government servants (but without arrears by applying principle of no work no pay)
(b) For this purpose, senior SC/ST Government servants may be granted promotion with effect from the date of promotion of their immediate junior general/OBC Government servants.
(c) Such promotion of SC/ST Government servant may be ordered with the approval of Appointing Authority of the post to which the Government servant is to be promoted at each level after following normal procedure of DPC (including consultation with UPSC).
(v) Except seniority other consequential benefits like promotion, pay etc, (including retrial benefits in respect of those who have already retired) allowed to general/OBC Government servant by virtue of implementation of O.M. No. dated 30.1.1997 and/or in pursuance of the directions of CAT/Court should be protected as personal to them.
5. All Ministries/Departments are requested to bring the above decisions to the notice of all concerned for guidance and compliance. Necessary action to implement the decisions contained in para 4 (iii) above may be completed within three months from the date of issue of these instructions and necessary action to implement the decision at para (iv) above may be completed within 6 months from the date of issue of these instructions.
6. Hindi version will follow.
Deputy Secretary to the Government of India