No DPC has been held from 2014 – as on date there are 1750+ posts which are lying
vacant due to retirement of officers promoted on temporary/adhoc basis. Board
is dilly-dallying holding of DPC on the pretext of litigation.
The OA filed in Principal Bench of CAT, New Delhi, was scheduled
to be heard on 17.12.2015 and adjourned to 18.12.2015. Some drama took place
and thereafter it was listed for hearing on 22.12.2015. All are having their
eyes on the decision of the Principal CAT.
We are receiving lot of queries in this regard. In various CAT,
CBEC has submitted and have sought adjournment of hearing to obtain an opinion
on the “law of the land” with respect to reservation in promotions.
Accordingly, the Board sought an opinion from the Solicitor General of India on
26.10.2015 and in response to their query, he has submitted his opinion on 31.10.2015.
The gist of the queries raised & replies given are as under :-
1. Whether the interim order dated 03.09.2014 (which has
subsequently been modified on 22.09.2015) passed by the CAT, Chandigarh Bench
will be applicable throughout the country in all the offices of CBEC with
regard to promotion of Superintendents of Central Excise and Customs to the
grade of Assistant Commissioners, Central Excise, basis of which is the All
India Seniority List of the feeder grades?
2. What is the “law of the land” for reservation in matters of
promotion to any class or classes of posts in the services under the State in
favour of SC/ST?
3. Whether reservation in matters of promotion to any class or
classes of posts in the services under the State in favour of SC/ST candidates
can be provided by the State without taking the
necessary steps to satisfy the compelling reasons as mandated by the
Hon’ble Apex Court in M. Nagaaraj
case while upholding the validity of the Constitution (77th Amendment)
Act, 1995, the Constitution (81st Amendment) Act, 2000 and the
Constitution (85th Amendment) Act, 2001 and the judgments of the
Apex Court in case of Suraj Bhan Meena v.
State of Rajastan and U.P. Power
Corporation Ltd. Vs. Rajesh Kumar or any other relevant judgment of the
Hon’ble Supreme Court?
4. Whether reservation in matters of promotion to the post of Assistant
Commissioners, Customs & Central Excise, in the services under the State
can be provided in favour of SC/ST candidates by the State (Central Government)
in view of the answer to the issues mentioned at 2 & 3 above?
The opinion of the
Solicitor General of India, to the above queries, in brief is as follows:
“B. The “Law of the
Land” with respect to Reservation in Promotion (Queries 2, 3 and 4)
Queries 2, 3 and 4 are
inter-linked and may be looked into together.
….
….
…. The inescapable
conclusion from this is that the empirical study as required by M. Nagaraj (supra) is a must and cannot
be abraded from. Any departure from it will not be allowed by the Apex Court.
Ergo, in my considered
view, although reservation may be permitted for promotions from the feeder
grades to the post of Assistant Commissioner, it will be subject to the
necessary steps as required by M. Nagaraj
(Supra)”
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On the issue of promotion, the stand of the present Government as reflected in the answer to a query in the Parliament is also as under:
RAJYA
SABHA UNSTARRED QUESTION NO 1377 - RESERVATION IN PROMOTIONS FOR SC/ST RAISED
BY SHRI RAHMAN KHAN
(a) the
stand of Government on reservation in promotion cases involving Central
Government employees; and
(b) what is latest order issued by Department
of Personnel and Training (DoPT) in the matter?
DR. JITENDRA SINGH Minister of State in the Ministry of
Personnel, Public Grievances and Pensions and Minister of State answered as
follows:
(a) & (b): The
reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled
Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services
under the Central Government.
As on 01.01.2013, the
representation of SCs and STs
was 17.55% and 7.72% respectively.
The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India,
while upholding the validity of the Constitutional Amendments made in favour of
Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will
have to collect quantifiable data of backwardness, inadequacy of representation
before providing reservations in promotion.
In order to provide impediment free reservations in promotion to
SCs and STs, the 117th Constitutional (Amendment) Bill, 2012 was
introduced in the Rajya Sabha by the Government in September, 2012. The Bill
was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha
for consideration and passing. The Bill could not be considered in the 15th
Lok Sabha and lapsed on the dissolution of 15th Lok Sabha.
The
issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M. Nagaraj case is under examination.
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Very good update on the issue.
ReplyDeleteVery good update on the issue.
ReplyDelete