Latest 7th Pay Commission News

Benefit of Reservation – Supreme Court Judgment

Hon’ble Supreme Court judgement dated 15.09.2017 in the SLP(C) No.9574 of 2013 filed by All India Adiwasi Employees Federation against judgement dated 20.12.2012 of Hon’ble High Court of Bombay, Nagpur Bench- Appointment of candidates belonging to Halba Koshti/Halbi Koshti/Koshti etc., castes against vacancies reserved for the Scheduled Tribes.

“The impugned OM squarely makes the law laid down by the Apex Court applicable to all such appointment of the Halba/Koshti, which have become final on or before 28th November, 2000. The Hon’ble Court also held that rather than finding the said office memorandum to be unconstitutional or illegal; it is in consonance with the laws laid down in the judgment of the Apex Court.”

No Proposal for Removal of Creamy Layer for OBCs

The Government has implemented the ‘creamy layer’ concept in pursuance of the Hon’ble Supreme Court’s order in the case of Indra Sawhney and others etc. vs. Union of India and others [(Civil) No. 930/1990]. At present, there is no proposal in the Ministry of Social Justice and Empowerment for removal of Creamy Layer.

The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the sub-categorization of Other Backward Classes. The Commission commenced functioning with effect from 11.10.2017 i.e. the date of assumption of charge by the Chairperson. There has been no delay in constituting the panel.

Certain States including Andhra Pradesh and Telangana have introduced sub-categorization within Other Backward Classes reservation quota. The sub-categorization adopted by these States is being studied by the Commission for Other Backward Classes to examine the issues of sub-categorization of Other Backward Classes in the Central List.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.

Promotion and demotion of SCs and STs

Ministry of Personnel, Public Grievances & Pensions

Promotion and demotion of SCs and STs

The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-

“It is directed that the pendency of this Special Leave Petition shall not stand in the 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..”.

Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-

“Heard learned counsel for the parties, Learned 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.”

Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.

The respective cadre controlling authorities carry out promotions and data on persons promoted, etc. are maintained by them.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

Source: PIB

Reservation in Promotion for Central Government Employees

“State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court”

Implementation of Reservation in Promotion for Employees

The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-

“It is directed that the pendency of this Special Leave Petition shall not stand in the 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..”.

Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-

“Heard learned counsel for the parties, Learned 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.”

Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

Source: PIB

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• Clarification on Benchmark for Promotion

Reservation to Scheduled Tribes

“Representation of Scheduled Tribes in the posts and services of the Central Government as on 01.01.2016 is 2,76,007 as against the total employee of 32,58,663, which comes to about 8.4%”

Reservation in promotion for Scheduled Tribes

Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions is the nodal agency for framing policy for reservation of Scheduled Tribes. As per Department of Personnel & Training, the benefit of reservation for the Central Government posts and services is provided to the Scheduled Tribes as a composite group and not caste/sub-caste wise. The representation of Scheduled Tribes in the posts and services of the Central Government as on 01.01.2016 is 2,76,007 as against the total employee of 32,58,663, which comes to about 8.4%.

Reservation to Scheduled Tribes is continuing in Direct Recruitment in all Grades. In Promotion, reservation for Scheduled Tribes is available up to entry level of Group ‘A’. No Specific time limit was fixed in DOPT’s OM dated 13.08.1997 for continuing reservation in promotion for Scheduled Tribes. However, this OM was quashed by the Hon’ble Delhi High Court on 23.08.2017 against which Special Leave Petition has been filed by Union of India in the Hon’ble Supreme Court, which is pending.

This information was given by the Union Minister of State for Tribal Affairs Shri. Jaswantsinh Bhabhor in Rajya Sabha today.

Reservation to Scheduled Tribes

“Representation of Scheduled Tribes in the posts and services of the Central Government as on 01.01.2016 is 2,76,007 as against the total employee of 32,58,663, which comes to about 8.4%”

Reservation in promotion for Scheduled Tribes

Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions is the nodal agency for framing policy for reservation of Scheduled Tribes. As per Department of Personnel & Training, the benefit of reservation for the Central Government posts and services is provided to the Scheduled Tribes as a composite group and not caste/sub-caste wise. The representation of Scheduled Tribes in the posts and services of the Central Government as on 01.01.2016 is 2,76,007 as against the total employee of 32,58,663, which comes to about 8.4%.

Reservation to Scheduled Tribes is continuing in Direct Recruitment in all Grades. In Promotion, reservation for Scheduled Tribes is available up to entry level of Group ‘A’. No Specific time limit was fixed in DOPT’s OM dated 13.08.1997 for continuing reservation in promotion for Scheduled Tribes. However, this OM was quashed by the Hon’ble Delhi High Court on 23.08.2017 against which Special Leave Petition has been filed by Union of India in the Hon’ble Supreme Court, which is pending.

This information was given by the Union Minister of State for Tribal Affairs Shri. Jaswantsinh Bhabhor in Rajya Sabha today.

Source: PIB

Reservation in Promotion for Central Government Employees

“State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court”

Implementation of Reservation in Promotion for Employees

The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-

“It is directed that the pendency of this Special Leave Petition shall not stand in the 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..”.

Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-

“Heard learned counsel for the parties, Learned 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.”

Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

Source: PIB

Benefit of reservation to Ex-servicemen - DoPT Orders

Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/services in the Government job on civil side

Department of Personnel and Training 

Office Memorandum:  No.36034/1/2014-Estt.(Res.)

Dated: 14.8.2014

Subject: Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/services in the Government job on civil side

Reservation in Promotion after Supreme Court interim Order

Reservation in Promotion case status after Supreme Court interim Order

F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment (Reservation-I) Section

North Block, New Delhi

Dated June 15, 2018

OFFICE MEMORANDUM

Subject: 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 & 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

The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M.Nagraj and others vs. 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 Order on 17.05.2018:

3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017, the Hon’ble Supreme Court held as under on 05.06.2018:

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 paragraphs 2 and 3 above based on existing seniority/select lists.

5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.

7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.

sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Authority: https://dopt.gov.in/

Own Merit in Direct Recruitment of OBC – DoPT Orders dt 4.4.2018

Reiteration of instructions relating to application of own merit in Direct Recruitment for appointment of Other Backward Classes (OBCs)

F.No.43011/4/2018-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment (Reservation-I) Section

North Block, New Delhi

Dated April 4, 2018

OFFICE MEMORANDUM

Subject: Reiteration of instructions relating to application of own merit in Direct Recruitment for appointment of Other Backward Classes (OBCs)- regarding

The undersigned is directed to say that the Hon’ble Supreme Court in its judgment in the case of R.K.Sabharwal vs. State of Punjab, had, inter-alia, observed that “the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation.”

2. As per instructions issued vide this Department’s OM No. 36012/2/96-Estt.(Res) dated 02.07.1997, in direct recruitments to Central Government jobs and services, the reserve category candidates who are selected on the same standard as applied to general candidates will not be adjusted against reserved vacancies. As per instructions issued vide DOP&T OM No. 36011/1/98-Estt.(Res) dated 01.07.1998, only when a relaxed standard is applied in selecting a reserved candidate, for example in the age limit, experience, qualification, permitted number of chances in written examination, etc., such candidates will be counted against reserved vacancies.

3. It has been brought to the notice of this Department by the Hon’ble Parliamentary Committee on Welfare of OBCs that these instructions are not being followed in some cases in direct recruitments to Central Government jobs and services. It is, therefore, reiterated that while making Direct Recruitments, guidelines issued vide this Department’s OM No.36012/2/96-Estt.(Res) dated 02.07.1997 and OM No.36011/1/98-Estt.(Res) dated 01.07.1998 may be kept in view by all concerned.

4. All Ministries/ Departments are requested to bring the contents of this O.M. to the notice of all concerned for information and compliance.

sd/-

(Raju Saraswat)

Under Secretary to the Government of India

View order

Authority: http://dopt.gov.in

Representation of OBCs in the Central Government Services

Press Information Bureau

Government of India

Ministry of Personnel, Public Grievances & Pensions

04-April-2018 16:11 IST

Strength of Employees

As per information received from 77 Ministries/Departments including their attached/subordinate offices, the representation of SCs, STs and OBCs in the posts and services under the Central Government as on 01.01.2016 is 17.49%, 8.47% and 21.57% respectively.

Representation of OBCs in the Central Government services is less as compared to the percentage of reservation for them because reservation of OBC started in September, 1993.

As per available information, representation of OBCs as on 01.01.2012 was 16.55% which has now increased to 21.57% as on 01.01.2016. Therefore, there is an increasing trend in the representation of OBCs in the posts and services of Central Government.

Department of Personnel & Training has issued instructions to all Ministries/Departments to constitute an in-house Committee to identify backlog reserved vacancies, study of the root cause of backlog reserved vacancies, initiation of measures to remove such factors and to fill up such vacancies through Special Recruitment Drive.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

Reservation for Dalit Christians in services of the Central Government

Press Information Bureau

Government of India

Ministry of Personnel, Public Grievances & Pensions

16-March-2016 13:21 IST

An individual belonging to Scheduled Tribes may profess any religion and the Castes/ Tribes included in the list of Scheduled Tribes under Article 342 of the Constitution, are entitled for getting the benefits of reservation in services of the Central Government.

The Scheduled Castes converted to Christianity are included in the Central List of Other Backward Classes of some of the States and are entitled to the benefit of the reservation in services of the Central Government. However, the issue of extension of Scheduled Caste status to Scheduled Caste converts to Christianity is presently subjudice in the Hon’ble Supreme Court of India.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in written reply to a question by Smt. Pratyusha Rajeshwari Singh in the Lok Sabha today.

Enhancement of Reservation for SCs and STs – RS Q&A

No proposal for enhancement of reservation for Scheduled Castes in proportion to their population has been received in this Ministry. The Ministry of Tribal Affairs has informed that they received “The Telangana Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Bill, 2017” through Ministry of Home Affairs for enhancement of reservations for Scheduled Tribes from existing 4% to 10% in the State for comments/views. The Ministry of Tribal Affairs has supported the proposal contained in theBill.

As per the 9 judge Constitutional Bench judgement of Hon’ble Supreme Court in India Sawhney case, total reservation connot exceed the limit of 50% . Clause (4) of Article 16 of the Constitution of India, which empowers the State to provide reservation for Scheduled Castes, Scheduled Tribes & Other Backward Classes speaks of adequate representation and not proportionate representation.

This information was given by the Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply to a question in Rajya Sabha on 15.3.2018.

Implementation of Reservation Policy – UGC Order dt. 5.3.2018

UGC Letter reg.:Implementation of Reservation Policy of the Government of India.

No.F.1-5/2006(SCT)

05 March, 2018

The Registrar(s)

All Central Universities

All State Universities receiving grant-in-aid

Deemed to be Universities receving grant-in-aid by UGC/Government

Inter University Centres of UGC

Subject: Implementation of Resenation Policy of the Government of India — Reg.

Sir/Madam,

With reference to the above subject, I am to inform that for implementation of reservation policy of the Central Government. MHRD vide order No.6-30/2005-U5 dated 6th December, 2005 directed the UGC to ensure effective implementation of the reservation policy in the Central Universities and those of Institutions Deemed 10 Universities receiving aid from the public funds except in minority institutions under Article of the Constitution. Accordingly, UGC, vide letter No.1-5/2006(SCT) dated 25-08-2006, circulated new Guidelines for strict implementation of Reservation Policy of the Government. This has been further reiterated by MHRD O.M.No.12-60/2013-UI dated 25-6-2013.

The Ministry of Human Resource Development vide its letter No. 1-7/2017-CU.V dated 06-09-2017 has directed the UGC to examine the issues mentioned in judgments (10 in number) quoted by the Hon’ble High Court Of Allahabad, in its order dated 07-04-2017 and submit its recommendations to MHRD for their consideration and appropriate decision.

Accordingly, UGC had constituted a Committee and submitted its recommendations to Ministry of Human Resource Development on 07-11-2017. Thereafter, in compliance of the judgement Of the Allahahad High Court upheld by the Hon’ble Supreme Court Of India and in view of tendered by the DOPT and recommendations Of the UGC, MHRD vide its O.M.No.1-7/2017-CU.V dated 22.2.2018; has intimated that the department’s O.M. No.12-60/2-13-UI dated 25-06-2013 stands amended to the extent mentioned below in the UGC guidelines 2006, in accordance with the recommendations of the UGC, which are as under:

“(i) Clause 6(c);

In case of reservation SC/ST, all the Universities, Deemed to be Universities, Colleges and other Grant-in-Aid institutions and Centres shall prepare the roster system keeping the Department Subject as a unit for an levels of teachers as applicable.

(ii) Clause 8(a)(v):

The roster, department-wise, shall be applied to the total number of posts in each of the categories [(e.g.) Professor, Associate Professor, Assistant Professor] within the Department/Subject”.

The above decision may also be circulated to its constituent and affiliated colleges for immediate follow up action.

You requested to prepare fresh within month of receipt of this letter under intimation to UGC.

This isues with the approval of the Competent Authority.

Yours faithfully,

sd/-

(Dev Swarup)

Original Copy

Authority: www.ugc.ac.in

Interaction with the Joint Secretary (BC), Commission for Sub- Categorization of OBCs: DoPT

No.21/1/2016-CS.I (PR/CMS)

Government of India

Ministry of Personnel, PG and Pensions

Department of Personnel & Training

2nd Floor, Khan Market, New Delhi-110003

Date: 27th Feb., 2018.

OFFICE MEMORANDUM

SUBJECT:- Interaction with the Joint Secretary (BC), Commission for Sub- Categorization of OBCs — regarding.

The undersigned is directed to refer to this Department’s O.M. of even number 20th February, 2018 on the subject mentioned above and to state that on scrutiny of the data available on CSCMS portal, it is observed that many Ministries/Departments have not yet updated the information with reference to Categorization/Sub-Categorization of CBC officers,along with the data relating to the “State” from which the OBC candidates appeared/selected in respect of CSS Cadre (ASO to JS—in-situ) in the CSCMS portal – In view of the above. it is once again requested that the same may kindly be updated positivelv by 27th February, 2018 (Tuesday).

sd/-

(Anil Tripathi)

Under Secretary to Government of India

Reservation for the Persons with Benchmark Disabilities – DoPT OM dt.15.1.2018

Reservation for the Persons with Benchmark Disabilities — reg.

No.36035/02/2017-Estt (Res)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

DEPARTMENT OF PERSONNEL & TRAINING

North Block, New Delhi

Dated the 15th January, 2018

OFFICE MEMORANDUM

Subject: Reservation for the Persons with Benchmark Disabilities — reg.

With enactment of THE RIGHTS OF PERSONS WITH DISABILITIES ACT,2016' from 19thApril, 2017 and notification of THE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017' on 15th June, 2017, the following instructions are issued in line with the provisions made therein regarding reservation for Persons with Benchmark Disabilities, as defined under Section 2(r) of the Act against the posts and services of the Central Government.

2. QUANTUM OF RESERVATION

2.1 In case of direct recruitment, four per cent of the total number of vacancies to be filled up by direct recruitment, in the cadre strength in each group of posts i.e. Groups A, B and C shall be reserved for persons with benchmark disabilities.

2.2 Against the posts identified for each disabilities, of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent, under clauses (d) and (e), unless otherwise excluded under the provisions of Para 3 hereinunder: –

(a) blindness and low vision;

(b) deaf and hard of hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness

3. EXEMPTION FROM RESERVATION: If any Ministry/Department in the Central Government considers it necessary to exempt any establishment or any cadre or cadres fully or partly from the provisions of reservation for persons with benchmark disabilities, it shall make a reference to the Department of Empowerment of Persons with Disabilities giving full justification for the proposal, who having regard to the type of work carried out in any Government establishment by notification and subject to such condition, if any, as may be specified in the notification, in consultation with the Chief Commissioner for Persons with Disabilities (CCPD) may exempt any Establishment or any cadre(s) fully or partly from the provisions of reservation for persons with benchmark disabilities.

4. ADJUSTMENT AGAINST UNRESERVED VACANCIES:

4.1 In the category of posts which are identified suitable for persons with benchmark disabilities, a person with benchmark disability cannot be denied the right to compete for appointment by direct recruitment against an unreserved vacancy. Thus, a person with benchmark disability can be appointed by direct recruitment against vacancy not specifically reserved for the persons with benchmark disability, provided the post is identified suitable for persons with benchmark disability of the relevant category.

4.2 Persons with benchmark disabilities selected without relaxed standards along with other candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with benchmark disabilities which will thus comprise of candidates with benchmark disabilities who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards.

5. CERTIFICATE OF DISABILITY: A person who wants to avail the benefit of reservation will have to submit a certificate of disability issued by a Competent Authority. Such certificate in the event of selection of such person for any post, will be subject to such verification/re-verification as may be decided by the competent authority.

6. COMPUTATION OF NUMBER OF POSTS TO BE RESERVED:

6.1 The number of posts to be reserved for persons with benchmark disabilities in case of Group C posts shall be computed on the basis of total number of vacancies in the cadre strength of Group C posts, in the establishment, although the recruitment of the persons with benchmark disabilities would only be against the category of posts identified suitable for them. The number of vacancies to be reserved for the persons with benchmark disabilities in case of direct recruitment to Group ‘C’ posts in an establishment shall be computed by taking into account the total number of vacancies arising in Group ‘C’ posts for being filled by direct recruitment in a recruitment year both in the identified and non-identified category of posts under the establishment. Since reservation, wherever applicable, for Persons with Benchmark Disabilities is provided computing total number of vacancies in the cadre strength in identified category of posts as well as unidentified category of posts, it may be possible that number of persons appointed by reservation in an identified category of post may exceed four per cent.

6.2 Reservation for persons with benchmark disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in the cadre in all the Group ‘A’ posts or Group ‘B’ posts respectively, and the computation of total vacancies shall include vacancies arising in the identified and non-identified category of posts.

7. EFFECTING RESERVATION – MAINTENANCE OF ROSTERS:

7.1 Every Government establishment shall maintain group-wise a separate vacancy based 100 point vacancy based reservation roster register in the format given in Annexure for determining/effecting reservation for the Persons with Benchmark Disabilities – one each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment and Group ‘C’ posts filled by direct recruitment.

7.2 Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following points:

1st Block – point No. 01 to point No. 25

2nd Block – point No. 26 to point No. 50

3rd Block – point No. 51 to point No. 75

4th Block — point No. 76 to point No.100

7.3 Points 1, 26, 51 and 76 of the roster shall be earmarked for persons with benchmark disabilities – one point each for four respective categories of disabilities. The Head of the establishment shall ensure that vacancies identified at SI. No.1, 26, 51 and 76 are earmarked for the respective categories of the persons with benchmark disabilities. However, the Head of the establishment shall decide the placement of the selected candidate in the roster register.

7.4 All the vacancies arising irrespective of vacancies reserved for Persons with Benchmark Disabilities shall be entered in the relevant roster. If the vacancy falling at point no. 1 is not identified for the Person with Benchmark Disability or the Head of the establishment considers it desirable not to fill it up by Persons with Benchmark Disabilities or it is not possible to fill up that post by the Persons with Benchmark Disabilities for any other reason, one of the vacancies falling at any of the points from 2 to 25 shall be treated as reserved for the person with benchmark disability and filled as such.

7.5 Likewise, a vacancy falling at any of the points from 26 to 50 or from 51 to 75 or from 76 to 100 shall have to be filled by the Persons with Benchmark Disabilities. The purpose of keeping points 1, 26, 51 and 76 as reserved is to fill up the first available suitable vacancy.

7.6 There is a possibility that none of the vacancies from 1 to 25 is suitable for any category of the person with benchmark disability. In that case two vacancies from 26 to 50 shall be filled as reserved for persons with benchmark disabilities. If the vacancies from 26 to 50 are also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 51 to 75. This means that if no vacancy can be reserved in a particular block, it shall be carried over into the next block

7.7 After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start.

7.8 If the number of vacancies in a year is such as to cover only one block (say 25 vacancies) or two (say 50 vacancies), the category of the persons with benchmark disabilities should be accommodated as per the roster points. However, in case, the said vacancy is not identified for the respective category, the Head of the establishment shall decide the category on the basis of the nature of the post, the level of representation of the specific disabled category in the concerned grade/post etc.

8. INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF DIRECT RECRUITMENT:

8.1 Where in any recruitment year any vacancy cannot be filled up due to non availability of a suitable person with benchmark disability or for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the following four categories of disabilities, at one percent each to each category:

(A)

(a) blindness and low vision;

(B)

(b) deaf and hard of hearing;

(C)

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;

(D)

(d) autism, intellectual disability, specific learning disability and mental illness;

(E)

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,

8.2 Only when there is no person with benchmark disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with benchmark disability.

8.3 If the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged with the prior approval of Department of Empowerment of Persons with Disabilities, among the above mentioned four categories.

8.4 If any vacancy reserved for any category of benchmark disability cannot be filled due to non-availability of a suitable person with that benchmark disability or, for any other sufficient reason, such vacancy shall be carried forward as a ‘backlog reserved vacancy’ to the subsequent recruitment year.

8.5 In the subsequent recruitment year the ‘backlog reserved vacancy’ shall be treated as reserved for the category of disability for which it was kept reserved in the initial year of recruitment. However, if a suitable person with that benchmark disability is not available, it may be filled by interchange among the categories of benchmark disabilities identified for reservation. In case no suitable person with benchmark disability is available for filling up the vacancy in the succeeding year also, the employer may fill up the vacancy by a person other than a person with benchmark disability. If the vacancy is filled by a person with benchmark disability of the category for which it was reserved or by a person of other category of benchmark disability by inter se exchange in the subsequent recruitment year, it will be treated to have been filled by reservation. But if the vacancy is filled by a person other than a person with benchmark disability in the subsequent recruitment year, reservation shall be carried forward for a further period upto two recruitment years where after the reservation shall lapse. In these two subsequent years, if situation so arises, the procedure for filling up the reserved vacancy shall be the same as followed in the first subsequent recruitment year.

8.6 The Government establishment shall interchange vacancies only if due process of recruitment viz. proper advertisement of vacancy to fill up the vacancies reserved for persons with benchmark disabilities has been complied with.

8.7 In order to ensure that cases of lapse of reservation are kept to the minimum, any recruitment of the persons with benchmark disabilities candidates shall first be counted against the additional quota brought forward from previous years, if any, in their chronological order. If candidates are not available for all the vacancies, the older carried forward reservation would be filled first and the current vacancies would be carried forward if not filled up provided that in every recruitment, the number of vacancies reserved for Persons with Benchmark Disabilities including carried forward vacancies will be announced beforehand, for the information of all aspirants.

9. HORIZONTALITY OF RESERVATION FOR PERSONS WITH BENCHMARK DISABILITIES: 9.1 Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with benchmark disabilities and ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called interlocking reservation) and persons selected against the quota for persons with benchmark disabilities have to be placed in the appropriate category viz. SC/ST/OBC/Unreserved depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved for the persons with benchmark disabilities and out of two persons with benchmark disabilities appointed, one belongs to Scheduled Caste and the other belongs to Unreserved category, then the SC candidate with benchmark disability shall be adjusted against the SC point in the reservation roster and the Unreserved candidate with benchmark disability against unreserved point in the relevant reservation roster. In case none of the vacancies falls on point reserved for the SCs, the candidate under benchmark disability belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs.

9.2 Since the persons with benchmark disabilities have to be placed in the appropriate category viz. SC/ST/OBC/Unreserved in the roster meant for reservation of SCs/STs/OBCs, the application form for the post should require the candidates applying under the quota reserved for persons with benchmark disabilities to indicate whether they belong to SC/S T/OBC or Unreserved. Thus, reservation for persons with benchmark disabilities is horizontal.

10. CERTIFICATE BY REQUISITIONING AUTHORITY: 10.1 In order to ensure proper implementation of the provisions of reservation for persons with benchmark disabilities, the requisitioning authority while sending the requisition to the recruiting agency or authority as the case may be for filling up of posts shall furnish the following certificate to the recruiting agency:-

“It is certified that the requirements of the THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016' which has become effective from 19 thday of April, 2017 and the policy relating to reservation for persons with benchmark disabilities has been taken care of while sending this requisition. The vacancies reported in this requisition fall at points no of cycle no of 100 point reservation roster out of which number of vacancies are reserved for persons with benchmark disabilities.”

10.2 At the time of initial appointment against a vacancy reserved for persons with benchmark disabilities, the appointing authority shall ensure that the candidate is eligible to get the benefit of reservation.

11. RELAXATION OF STANDARD OF SUITABILITY:

11.1 If sufficient number of candidates with benchmark disabilities candidates are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this category may be selected on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. However, this provision shall not be used to allow any relaxation in the eligibility criteria laid down for the issuance of certificate of disability.

11.2 Same relaxed standard should be applied for all the candidates with Benchmark Disabilities whether they belong to Unreserved/SC/ST/OBC. No further relaxation of standards will be considered or admissible in favour of any candidate from any category whatsoever.

12. MEDICAL EXAMINATION: As per Rule 10 of the Fundamental Rules, every new entrant to Government Service on initial appointment is required to produce a medical certificate of fitness issued by a competent authority. In case of medical examination of a person with benchmark disabilities for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer or Board shall be informed beforehand that the post is identified suitable to be held by persons with benchmark disabilities of the relevant category and the candidate shall then be examined medically keeping this fact in view.

13. ANNUAL REPORTS REGARDING REPRESENTATION OF PERSONS WITH BENCHMARK DISABILITIES: The Ministries/Departments shall continue to upload data on representation of Persons with Benchmark Disabilities along with data on SCs, STs, OBCs in respect of posts/services under the Central Government on the URL i.e. www.rrcps.nic.in as on 1st January of every year. All Ministries/Departments have been provided respective user code and password with guidelines for operating the URL.

14. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT ESTABLISHMENT: 14.1 Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer.

14.2 The Grievance Redressal Officer shall maintain a register of complaints of persons with disabilities with the following particulars, namely:-

(a) date of complaint;

(b) name of complainant;

(c) the name of the establishment or person against whom the complaint is made;

(d) gist of the complaint;

(e) date of disposal by the Grievance Redressal Officer; and

(f) any other information.

14.3 Any person aggrieved with any matter relating to discrimination in employment against any person with disability may file a complaint with the Grievance Redressal Officer of the respective Government establishment.

14.4 Every complaint filed as per Para 14.3 above, shall be inquired into within two months of its registration and outcome thereof or action taken thereon shall be communicated to the complainant / Person with Benchmark Disability.

15. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control. Previous OMs on the subject OM No. 36035/16 /91-Estt.(SCT)dated 18.02. 1997, OM No.36035/3/ 2004-Estt.(Res) dated 29.12. 2005

(G. Srinivasan)

Deputy Secretary to the Govt. of India

Original Copy

Authority: www.dopt.gov.in

Ministry of Tribal Affairs

Inclusion of Community in ST List

The Government of India on 15-6-1999 (further amended on 25-6-2002), has laid down the modalities for determining the claims for inclusion in, exclusion from and other modifications in the Orders specifying lists for Scheduled Castes and Scheduled Tribes. According to these modalities, only those proposals which have been recommended and justified by the concerned State Government / Union Territory Administration and concurred with by the Registrar General of India (RGI) and the National Commission for Scheduled Tribes (NCST) are to be considered for amendment of legislation.

The criteria presently followed for specification of a community as a Scheduled Tribe are (i) indications of primitive traits, (ii) distinctive culture, (iii) geographical isolation, (iv) shyness of contact with the community at large, and (v) backwardness.

This Press Release is based on the information given by the Minister of State for Tribal Affairs Shri Sudarshan Bhagat in a written reply to a question in Rajya Sabha on 04.01.2018 (Thursday).

Direct Recruitment to Group C – Reservation Fixed on the basis of Population

Reserve category representation

Article 16(4) of the Constitution enables provision of reservation to backward class of citizens, who are not adequately represented in the services under the State.

As per extant instructions, reservation is provided to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the rate of 15%, 7.5% and 27% respectively in case of direct recruitment on all India basis by open competition. In case of direct recruitment on all India basis otherwise than by open competition, the percentage fixed is 16.66% for Scheduled Castes, 7.5% for Scheduled Tribes and 25.84% for Other Backward Classes.

In case of direct recruitment to Group C posts normally attracting candidates from a locality or a region, the percentage of reservation is generally fixed on the basis of proportion of their population in the respective States/Union Territories.

The services under the State come under the List II of the Seventh Schedule i.e. State List of the Constitution. The information on the state-wise provisions for reservation is not centrally maintained.

As per the 9 Judge Bench Constitutional judgment of the Supreme Court in Indira Sawhney case, total reservation cannot exceed the limit of 50%. In the same judgment, the Supreme Court has also observed that clause (4) of Article 16 of Constitution speaks of adequate representation and not proportionate representation.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply to question in the Lok Sabha today.

Reservation for SC/ST and OBC in Govt Jobs is not against the Constitution – Percentage of Reservation for SC/ST, OBC in States for Central Govt Jobs

Reservation for SC/ST and OBC in Govt Jobs States for Central Govt Jobs

The percentage of reservation for SCs, STs and OBCs in States for Central Govt Jobs in case of direct recruitment to Group ‘C’ and ‘D’ posts normally attracting candidates from a locality or a region is provided here.

Except in Delhi, reservation for the Scheduled Castes and Scheduled Tribes in case of direct recruitment to Group C and Group D posts normally attracting candidates from a locality or a region is generally fixed on the basis of proportion of their population in the respective States/UTs.

Reservation for Other Backward Classes in such cases is fixed keeping in view the proportion of their population in the respective States/UTs subject to a limit of 27% and total reservation for SCs, STs and OBCs should not exceed 50%. Quantum of reservation fixed for SCs, STs and OBCs in such cases is indicated below