Is Reservation Rule applicable for Non-Functional Promotion
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January 26, 2013 at 7:08 pm #76546
Anonymous
InactiveRe: Is reservation rule applicable for non functional promot
………….If 1 post is reserved for ST candidate, A (Gen) & D (SC) will be promoted (provided OPRs are ok)…………
As per the Dept. of Pers. & Trng. Office Memorandum No. 36012/17/2002-Estt(Res) dated 6.11.2003 exchange of reservation between SC & ST is no longer permissible. The reservation can be carried forward till a reserved category candidate is available. Dereservation is permitted for cadre strength less than or equal to 13.
Pls see the DOPT OM in the following link:
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_17_2002_01April2005.htm
Whether state rules for reservation differ in this regard?January 27, 2013 at 5:26 am #76548InactiveRe: Is reservation rule applicable for non functional promot
Yes, State Rules differ.
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1976:
“6. (1) There shall be no de-reservation of any reserved vacancy by any appointing authority in any post in an establishment which is required to be filled up by direct recruitment. In the absence of qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, to fill up such vacancy, such vacancy shall remain unfilled.
2) “Notwithstanding anything contained in sub-section (1), if, in the public interest, it is necessary to fill up any vacancy as aforesaid remaining unfilled on account of non-availability of a qualified Scheduled Caste or Scheduled Tribes candidate, as the case may be, the appointing authority shall refer the vacancy to the State Government for dereservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order, de-reserve the vacancy, subject to the condition that the reservation against the vacancy so dereserved shall be carried forward against the subsequent unreserved vacancy.”
Promotion guidelines as per West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Rules, 1976 states –
“(d) While vacancies reserved for Scheduled Castes and Scheduled Tribes will continue to be reserved for the respective community only, a Scheduled Caste employee may also be considered for appointment against a vacancy reserved for Scheduled Tribes, or vice-versa, where the appropriate reserved vacancy could not be filled by a Scheduled Tribe or a Scheduled Caste candidate, as the case may be.”February 20, 2013 at 5:07 pm #77004InactiveRe: Is Reservation Rule applicable for Non-Functional Promot
Answer to the question “Is reservation rule applicable for non-functionalpromotionupgradation” is ‘no’ . The term ‘non-functional upgradation’ refers to ‘non-selection’ and it is personal to the employee. So, principles of reservation have no application in this case.
Hon’ble Supreme Court viewed that:
“(iv) Generally, upgradation relates to and applies to all positions in a category, who have completed a minimum period of service. Upgradation, can also be restricted to a percentage of posts in a cadre with reference to seniority (instead of being made available to all employees in the category) and it will still be an upgradation simplicitor. But if there is a process of selection or consideration of comparative merit or suitability for granting the upgradation or benefit of advancement to a higher pay scale, it will be a promotion. A mere screening to eliminate such employees whose service records may contain adverse entries or who might have suffered punishment, may not amount to a process of selection leading to promotion and the elimination may still be a part of the process of upgradation simplicitor. Where the upgradation involves a process of selection criteria similar to those applicable to promotion, then it will, in effect, be a promotion, though termed as upgradation.
(v) Where the process is an upgradation simplicitor, there is no need to apply rules of reservation. But where the upgradation involves selection process and is therefore a promotion, rules of reservation will apply.”March 9, 2013 at 6:23 pm #77281InactiveRe: Is Reservation Rule applicable for Non-Functional Promot
I have gone through all valuable discussions. But final ans. like zone of consideration is required/ not required in case of non functional promotion. In this connection I am to add that we do not maintain any gradation list of grade-I post of helper etc. At the next promotion from helper to cash sarkar we do not give any importance regarding holder of grade-I post of helper etc. So I think jone of consideration is not applicable in case of non functional movement/promotion. In this connection FD no. 10098-f(p) date-20.10.2010 may be reffered where in movement of B-steno to higher scale is treated non-func. and so reservation not applicable as for normal promotion.March 11, 2013 at 3:38 am #77306InactiveRe: Is Reservation Rule applicable for Non-Functional Promot
Principles of zone of consideration are applicable for promotion by ‘selection’ method which is vacancy-linked, and where relative performance of employees are duly considered. It is NOT at all applicable in case of Non-functional upgradation (non selection) which is a time bound enhancement of scale of prospective employees who complete the qualifying service with clean CR/Performance Report (without adverse comments). Even if the there is limited posts in higher grade available for filling up by upgradation from feeder grade it may be still filled up through Non-functional upgradation (NFU) from feeder grade. Pls see the Hon’ble Supreme Court’s observation as referred to by the Hon’ble Delhi H.C. in Brahma Deo case:
“(iv) Generally, upgradation relates to and applies to all positions in a category, who have completed a minimum period of service. Upgradation, can also be restricted to a percentage of posts in a cadre with reference to seniority (instead of being made available to all employees in the category) and it will still be an upgradation simplicitor.”
In the above provision, rules of reservation are not applicable as there is no process of ‘selection’.
Pls see the provisions in Central Govt. services in relation to the applicability of zone of consideration, for reference: -
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