Search News, Order, Rules etc. in more than 4500 articles type keywords and hit enter

Thursday, March 21, 2013

Implementation of SC decision for amending Rules of Promotion


GOVERNMENT OF INDIA
MINISTRY OF  PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-2689
ANSWERED ON-21.03.2013
Implementation of SC decision for amending Rules of Promotion
2689 . SHRI LALHMING LIANA

(a) whether, clarification of, "not adjudged unfit for promotion" to be, as ‘‘nothing adverse against the candidate’’ is given in Supreme Court Citation 1995AIR1457, 1995 SCC(3) 532JT, 1995 (3) 336, 1995SCALE(2) 282, in relation to Department of personnel and Training''s (DoPT) statutory OM. NO. 1/9/69-Estt (SCT) dated 26th March 1970;
(b) whether it is as per stipulation of DoPT/Department of Public Enterprises(DPE);
(c) whether it is applicable to all Public Sector Undertaking (PSU);
(d) whether addition of interview in promotion in the light of supreme court’s civil appeal No. 5314 of 2007 declaring Recruitment and Promotion rules, not being statutory, and not being inline with clarification of above citation needs Parliament''s approval?
ANSWER



Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a): The Supreme Court in the matter of National Federation of SBI & Ors. V/s. Union of India (1995 AIR 1457) considered the issue whether concession as per O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970  [see below] tantamounts to reservation and has held that in the matter of promotion by selection to the posts within Class I, which carry an ultimate salary of Rs. 2250 (Pre-revised), there is no reservation in favour of Scheduled Castes(SCs) / Scheduled Tribes (STs) but they are entitled to the concession contained in para 2 of the OM dated 26.3.1970 issued by the Ministry of Home Affairs. The concession is that those SC/ST 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 is being drawn up will be included in the select list provided they are not considered unfit for promotion. 

The Supreme Court has further held that the said candidates would not be entitled, for the purpose of selection one grading higher than the grading otherwise assigned to them on the basis of their record of service. The O.M. dated 26.3.1970 also contains the same instructions that they would not be given, for this purpose, one grading higher than the grading otherwise assigned to them as per their record of service. 
(b): The extant guidelines on Departmental Promotion Committee provide that the Departmental Promotion Committees (DPCs) enjoy full discretion to devise their own methods of procedures for objective assessment of the suitability of candidates who are to be considered by them. The DPCs should make their own assessment on the basis of the entries in the Confidential Reports(CRs) now Annual Performance Appraisal Reports(APARs) because sometimes the overall gradings in a Confidential Report may be inconsistent with the grading under various parameters or attributes. The DPC is required to make an overall assessment of the performance of each candidate separately but by adopting some stands/yardstick/norms. The procedure should not be vitiated on grounds of bias, mala-fide or arbitrariness. As per latest instructions, the DPC is required to grade the officers as ‘fit’ or ‘unfit’ only, after determining the merit of those being assessed for promotion. 

(c): The instructions issued by the Department of Personnel and Training on the subject have been extended to all Central Public Sector Undertakings (CPSUs) by the Department of Public Enterprises vide their O.M. dated 27th September, 1978. 

(d): The Supreme Court in K. A. Nagamani V/s. Indian Airlines and others (CA 5314/2007) has held that the Recruitment Rules of the Indian Airlines framed by the Corporation were not framed under any statute and therefore are not statutory rules. The Recruitment Rules for the posts and services under the Central Government are delegated legislations and therefore are statutory in nature. Such Rules after notification are laid before the Parliament. 
*****
Source: Rajya Sabha Q&A

MHA O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970 reproduced below:-

No. 1/9/69-Estt. (SCT)
Government of India
Ministry of Home Affairs 

Dated 26th March, 1970

Subject :- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by promotion - Class I Services / posts.

The question of increasing the representation of Scheduled Castes and Scheduled Tribes employees in
Class I Services/posts under the Government of India has been under the consideration for some time past. In this Ministry's O.M. No.1/12/67-Estt. (C), dated 11th July, 1968, certain concession have been provided to Scheduled Castes and Scheduled Tribes, inter alia, in the matter of promotion by selection to the lowest rung or Category in Class I. It has now been decided that the following concessions and facilities will be provided to Scheduled Castes and Scheduled Tribes officers for their promotions within Class I also.

2. In promotions by selection to posts within Class I, which carry an ultimate salary of Rs. 2,000 per month, or less 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 up, would be included in that list provided they are not considered unfit for promotion. Their position in the Select list would, however, be the same as assigned to them by the Departmental Promotion Committee on the basis of their record or service. They would not be given, for this purpose, one grading higher than the grading otherwise assignable to them on the basis of their record of service.

3. In order to improve the chances of Scheduled Castes/Scheduled Tribes officers for selection to the higher categories of posts in Class I, it has further been decided that:

(i) Scheduled Castes/Scheduled Tribes officers in Class I Services/posts should be provided with more opportunities for institutional training and for attending seminars/Symposia/conferences. Advantage could in this connection be taken of the training facilities available at the National Academy of Administration Mussoorie, National Police Academy, Mount Abu, Indian Institute of Public Administration, New Delhi, the Administrative Staff College, Hyderabad, etc.; and
(ii) It should be the special responsibility of the immediate superior officers of the Scheduled Castes/Scheduled Tribes officers in Class I to give advice and guidance to the latter to improve the quality of their work.
Ministries/Departments under whom Scheduled Castes/Scheduled Tribes Class I officers might be serving should ensure that these decisions are implemented with expedition, Ministries/Departments (or the Heads of Departments) under whom such officers might be serving may specially watch the progress of these officers so that all appropriate steps are taken, wherever necessary, to improve the efficiency of these officers for the purpose of their selection to higher posts.

4. The orders contained in paragraph 2 above take effect from the date of issue except in respect of selections already made prior to the issue of these orders.

5. Ministry of Finance etc., are requested to bring the above decisions to the notice of all concerned.

6. In so far as persons serving in offices under the Comptroller and Auditor General of India are concerned, separate orders will issue in due course.

Source: www.persmin.nic.in
Courtsey : 90paisa

Stay connected with us via Facebook, Google+ or Email Subscription.

Subscribe to Central Government Employee News & Tools by Email [Click Here]
Follow us: Twitter [click here] | Facebook [click here] Google+ [click here]
Admin

No comments:

Post a Comment

Don't hesitate to express yourself. Please write your valuable comments.

* 7th Pay Commission – Estimated Pay Scales shows substantial increase in salary for CG Employees
* Projected 7th CPC Pay for each cadre/Post, Pension and all service matter: Submission of oral evidence by BPMS
* Expected Pension / Family Pension Table in 7th Pay Commission
* 7th Pay Commission will bring fortune for central government employees
* Decisions taken National Joint Council of Action meeting held on 16.02.2015 on 7th CPC, DA Merger issues
* Importance of other allowances in 7th CPC report
* Modi Government is set to big announcement on Budget in view of 7th Pay Commission Read more
* 7th CPC may recommend no increment for lazy central government employees
* Budget demand for Seventh Pay Commission Read more
* Expected DA DR from July 2015: AICPIN released for Feb, 2015
* Government refused interim relief and merger of dearness allowance, assured for 7th CPC report on time
* Meetings Schedule of 7th Pay Commission with Union/Association
* 7th Pay Commission is likely to seek extension, delay in report is expected
* What central government employees can expect from the 7th Pay Commission
* Proposal to 7th CPC: 3.7 multiplication factor, Minimum Wage of Rs.26000/-, 5% Increment rate, 5 promotions, HRA - 60%,40%,20%, Wage ratio 1:8, CEA for Higher Studies, Minimum Pension 67%
* 7th Pay commission may drop the Pay Band-Grade Pay System
* Budget: Government may relax LTC norms to boost tourism
* New Pension Scheme in Railways may be scrapped
* Pension can’t be less than 50% of pay: Supreme Court
* Guidelines for Educational Qualifications and Experience for framing/ amendment of Recruitment Rules
* Income Tax Exemption Limit in the Budget 2015-16
* Budget will decide actual date of implementation of 7th Pay Commission
* Seventh Pay Commission likely to submit report in October 2015
* Schedule for Admission in Kendriya Vidyalayas for the year 2015-16 Click for form & more
* Budget 2015: Income tax expectations for the salaried from PM Narendra Modi's government
*  Meeting by 7th CPC
* Latest on One Rank One Pension 
* Revised Railway Concessional Certificate Forms
Adhar Based Biometric Attendence System
Update on Bank Staff Wages Revision  
Usage of Other Bank's ATM: RBI Clarification
* Time to reform CGHS: An article  
* Pre-2006 Pensioner Case: Law Ministry's Advice
* Latest on Income Tax
* 7th CPC News   Terms of Reference  Composition  Demands
* Cadre Restructuring * Income Tax CBEC  * CAT Order
* Interim Relief   * Merger of DA  *  7th CPC Interim Report
* MACP on Promotional Hierarchy: Latest Update
* Pension Arrears from 01.01.2006 as per Court Order
* Frequently Asked Questions on Service Matters
* Job on Deputation/Absorption/Contract for Retired/Working
List of Gazetted/Restricted Holidays 2015
* One Rank One Pension Orders * Impact of DA Merger
Top Generated search terms/ keywords used by our visitors to  arrive in Central Government Employee News.
KeywordCount

Recent Comments