RESERVATION IN PROMOTION

The Centre proposes to implement reservation in promotion

for SCs and STs in government jobs with retrospective effect
from June, 1995, according to the bill introduced in Rajya
sabha during the Monsoon session.
"It is also necessary to give retrospective effect to the
proposed clause (4A) of Article 16 with effect from the date
of coming into force of that clause as originally introduced,
that is, from the 17th day of June, 1995," the bill states.
This means that the measure will come into effect from 1995
when the Constitution was amended for the purpose of
providing reservation in promotions for SCs/ST .SCs and STs
have been provided reservation in promotions since 1955.
This was discontinued following the judgement in the case of
Indra Sawhney wherein it was held that it is beyond the
mandate of Article 16(4) of the Constitution.
Subsequently, the Constitution was amended by the
Constitution (77th Amendment) Act, 1995 and a new clause
(4A) was inserted in Article 16 to enable the government to
provide reservation in promotion. Later, clause (4A) was
modified by the Constitution (85th Amendment) Act, 2001 to
provide consequential seniority to SC and ST candidates
promoted by giving reservation.
Reservation is available to Scheduled Castes and Scheduled
Tribes at the rate of 15% and 7.5%, respectively, in all Groups
viz. A, B, C (including erstwhile Group D posts) in case of
promotion by non-selection method. In case of promotion by
selection method, reservation is available in Group B, C and
upto the lowest rung of Group A at the same rates.

As regards senior posts of Secretary, Additional Secretary and

Joint Secretary in the Central Ministries/Departments, these
posts are filled on deputation basis under the Central Staffing
Scheme except the posts in the Ministry of External Affairs.
Reservation does not apply to posts filled on deputation. The
officers borrowed from various cadres including the State
Cadres, who are empanelled to hold such posts and who give
their option for deputation are appointed under the Central
Staffing Scheme. Likewise, the posts of Director (not
including the posts in Central Secretariat Service) are also
filled under the Central Staffing Scheme. In case the
empanelment does not lead to adequate representation to
categories like SC/ST, women, particular State Cadres, North
East, etc., the criteria for empanelment would be suitably
relaxed to give due representations. For this purpose,
adequacy of representation would mean the cumulative
representation in four batches, i.e. current batch and
immediately preceding 3 batches being less than 2/3rd of all
India percentage of empanelment. The number of officers to
be selected on this basis shall not exceed about 15% of the
number included in the recommended list and these
selections would follow the required process albeit with
suitably relaxed norms. The relaxation is given in terms of
Average Weighted Score obtained by an SC/ST officer in
comparison to General Category Officers, if he/she is clear
from vigilance angle. Instructions exist that in promotions by
selection within Group A (Class I) carrying an ultimate salary
of Rs.18, 300/- (pre-revised) per month or less, the Scheduled
Caste/Scheduled Tribe 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, would be included in the list provided they are not
considered unfit for promotion.

This was stated by Shri V. Narayanasamy, Minister of State in

the Ministry of Personnel, Public Grievances and Pension and
Minister of State in the Prime Minister’s Office in written
reply to a question by Shri Sher Singh Ghubaya in Lok Sabha
today.
In a shot in the arm for the Modi government facing flak over
Supreme Court striking down automatic arrest + under the
law on prevention of atrocities against Dalits and tribals, the
apex court on Tuesday allowed the Centre to implement the
long-stalled reservation in promotion policy.

While quotas in promotions will be in "accordance with law",

which will mean under-representation of scheduled castes
and tribes must be established while also ensuring
administrative efficiency is not compromised, the SC decision
to lift the stay will open the doors for implementation of the
policy.

In 2006, the apex court had itself upheld constitutional

amendments for quota in promotion in government jobs
while calling for data on extent of backwardness, which has
not proved easy to quantify. The contentious issue, pressed
aggressively by BSP and Dalit activists and supported by all
major political outfits, has been caught in a legal tangle and
judicial stays.
With governments failing to comply with guidelines, various
high courts quashed the decision on granting reservation in
promotion from 2011 onwards. Punjab and Haryana HC
quashed the reservation policy in the income tax department
and this was followed by other HCs. Last august, Delhi HC
quashed the Centre's office memorandum issued in 1997 on
implementing the policy and also set aside all such
promotions in the last 20 years.