• Home
  • 7th Pay Commission News
  • orop news
  • Dopt Orders
  • CGDA Orders
  • expected da

PAY NEWS

Latest Central Government Employees News - 7th Pay Commission News, Dearness Allowance, Pension News, DOPT Orders

You are here: Home / 7th Pay Commission News / Important DOPT Order regarding Reservation in Promotion on 2.10.2016

Important DOPT Order regarding Reservation in Promotion on 2.10.2016

Important DOPT Order regarding Reservation in Promotion on 2.10.2016

No further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010

“Very Important DOPT Order has been issued regarding Reservation in Promotion. DOPT is made subject to the Contempt of Hon’ble Supreme Court. With regard to DOPT order dated 10.8.2010 , Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued.”

No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training

North Block, New Delhi 110001
Dated the 30th September 2016

OFFICE MEMORANDUM

Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.

Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012

The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit

2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.

3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-

“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.

3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.

4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.

sd/-
(G. Srinivasan)
Deputy Secretary

Click to view the order

Source : DOPT
With input from www.gservants.com

Filed Under: 7th Pay Commission News October 3, 2016 By Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Featured Posts

7 cpc option calculator

7 cpc option calculator

7 cpc option calculator

Recent Entries

Calculate your DA from July 2020

May 10, 2020

Comprehensive Transfer Policy – FREE from 5 years service condition – NFIR

November 13, 2019

Minutes of the 31st SCOVA meeting held under the chairmanship of Hon’ble MOS(PP) on 05.09.2019

November 13, 2019

Free Preventive Health Checkup for Central Government Retired employees aged 75 years and above under CGHS Scheme

September 9, 2019

Steps Taken to Streamline And Strengthen Pension Sanctioning And Payment System

July 22, 2019

Various Measures To Bring Transparency In Administration

July 22, 2019

Enhanced Govt Contribution from 10% to 14% under NPS – PFRDA Circular

July 11, 2019

Increment for central government employees starts today, 7th CPC Increment

July 1, 2019

New Income Tax Rules; Defaulters Will Not Be Able To Get Away Just By Paying A Penalty

June 26, 2019

Are You Salaried Employee? Leave Encashment Is Taxable While In Service

June 26, 2019

Copyright © 2023 | Central Government Employees News | Paynews.in