Tuesday, December 18, 2012

Reservation in Promotion for SCs and STs in Government Jobs - Rajya Sabha Passes the Amendment Bill

Reservation in Promotion for SCs and STs in Government Jobs - Rajya Sabha Passes the Amendment Bill


Rajya Sabha Passes Constitutional Amendment Bill 

The Government of India has always been concerned about the welfare of downtrodden especially Scheduled Castes and Scheduled Tribes. As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some decisions of the Supreme Court like in Indra Sawhney, Veer Pal Singh Chauhan and S. Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, the Government had brought four Constitutional amendments, namely, 77th, 81st , 82nd and 85th amendments.

Withdrawal of Clarification dated 05.09.2011 on Grace Marks Policy for promotion

Withdrawal of Clarification dated 05.09.2011 on Grace Marks Policy for promotion
The Clarification dated 05.09.2011 delegating the job of application of Grace Marks Policy to DPCs is withdrawn.
F.No. DE-2009/ITO/SCT/Availed Benefits/DIT(IT)/5466
DIRECTORATE OF INCOME TAX (IT)
Ministry of Finance, Department of Revenue
Dated : 13.12.2012
Withdrawal of clarification -I dated 05.09.2011
This Directorate vide F.No.DE-2009-2011/ITO/SCT/Availed Benefits/DIT had issued clarification-I dated 95.09.2011 in respect of awarding the Grace Marks to the result of those SC/ST candidates who have already qualified in the past with relaxed standards so as to enable them to attain the "OWN MERIT STATUS". As this clarification has delegated for promotion as a ITO/ITI to DPCs, many anomalous situations have been reported to have arisen out of various interpretations of application of Grace Marks Policy by various DPCs resulting into grievances and representations.

In view of these facts, this clarification-I dated 05.09.2011 stands withdrawn with immediate effect wiht the approval of CBDT.
sd/-
(G.K.Maheshwari)
Director of Income-Tax (IT)
New Delhi
Source: www.incometaxindia.gov.in
[http://www.incometaxindia.gov.in/archive/DepartmentalNews_GraceMarksPolicy_14122012.pdf]

Clarification regarding 'Own Merit Status'

Clarification regarding 'Own Merit Status'.
It is clarified that there is no concept of grace marks in betterment attempt and grace marks awarded to any Betterment candidate in 2010 and 2011 DE are being withdrawn.


F.No. DE-2009/ITO/SCT/Availed Benefits/DIT(IT)/5447
DIRECTORATE OF INCOME TAX (IT)
Ministry of Finance, Department of Revenue
Dated : 13.12.2012
CLARIFICATION
References have been received from various charges with regard to the award of grace marks to those candidates belonging to SC/ST category who have already qualified in the past with the relaxed standards so as to enable them to attain the ‘Own Merit Status’ by appearing in a betterment attempt or otherwise.

The matter has been examined. The grace marks policy was introduced with the purpose of enabling marginally failing candidates to pass the examination. Enabling reserved category candidates to pass the examination in general category by the grace marks policy was not the espoused philosophy behind the policy. Therefore, the grace marks were not allowed in such cases till the introduction of the betterment scheme. Till 2010, grace marks were given only to pass the examination, but not to obtain “Own Merit Status’ by candidates of the Reserved Category. However, grace marks were allowed to a few candidates appearing in betterment attempts in the Departmental Examinations 2010 and 2011 are being withdrawan. It is accordingly clarified that there is no concept of grace marks in the betterment attempt and any such grace marks awarded to any candidate in Departmental Examinations 2010 and 2011 are being withdrawn.
This issues with the approval of CBDT.
sd/-
(G.K. Maheshwari)
Director of Incone-tax (IT)
New Delhi
Source: www.incometaxindia.gov.in
[http://www.incometaxindia.gov.in/archive/DepartmentalNews_OwnMeritStatus_14122012.pdf]

Retirement age of KV Teachers - Enhancement of retirement age was not agreed in JCM Meeting held on 18.10.2012

Retirement age of KV Teachers - Enhancement of retirement age was not agreed in JCM Meeting held on 18.10.2012
One of the major demand submitted by the associations of KV Employees to discuss in the JCM Meetings to enhance the retirement age at par with the retirement age of University teachers...

The point has been discussed in the JCM meeting which was held on 18th October 2012, after detailed deliberation on the matter from both sides the Chairperson decided that no parity can be held between the University Teachers and KV Teachers as well. Also it cannot be compared with other State Government teaching employees. Hence, the demand of association does not appear to be acceptable.
The matter discussed at length in the last JCM but was not agreed hence stands dropped.

Next meeting of JCM of KVS will be held on 15.2.2013

Next meeting of JCM of KVS will be held on 15.2.2013

The next meeting of JCM of KV Sangathan will be held on 15th February, 2012. The time and venue will be communicated in due course.

The last meeting of JCM of KVS held on 25.7.2012 and 18.10.2012 respectively.


Rotational Transfer of Under Secretaries with more than five years service in the same Ministry/Department

No.5/8/2012-CS.I(U)-Part-I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training 
CS.I Division
2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
Dated 17th December, 2012
OFFICE MEMORANDUM
Subject: Rotational Transfer of Under Secretaries with more than five years service in the same Ministry/Department.
The undersigned is directed to say that it is proposed to transfer Under Secretaries who have completed five years or more in the same Ministry / Department as on 1.1.2012 (Annexure-I refers). The list does not include officers due for superannuation upto 31.12.2014 as officers within two years of superannuation are excluded from the purview of Rotational Transfer Policy applicable to CSS officers.

2. Ministries/ Departments and officers concerned may check the information in Annexure-I and bring to the notice of this Department urgently if any other Under Secretary with more than five years of service as on 01.01.2012 has been left out or if there is any other error/ omission in the list.
3. The Officers indicated in the list are also requested to indicate their preferences for posting in the enclosed format (Annexure-II) which should reach CS.I Division by 26.12.2012 either as a hardcopy or through e-mail at uscs1-dopt@nic.in It may be noted that seeking option is only for the purpose of assisting this Department in deciding the posting and this should not in any way be construed as right for claiming posting of choice.
4. Web Based Cadre Management of CSS As Ministries/Departments are well aware, this Department is in the process of launching web based cadre management in respect of CSS Officers shortly. While data in respect of majority of CSS officers has already been received, some Ministries/Departments have not completed this task despite repeated reminders. They are advised to complete this task immediately, and while forwarding information of Under Secretaries who are covered in this round of rotational transfer, should confirm that data in respect of these officers has been furnished for the web based cadre management.
sd/-
(V.Srinivasaragavan)
Under Secretary to the Govt. of India
Click here to view the Annexure-I
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/RTP_US_05Yrs_171212.pdf]

Induction of Trackmen into other departments – Revision of age limit regarding



GOVERNMENT OF INDIA / BHARAT SARKAR 
MINISTRY OF RAILWAYS / RAIL MANTRALAYA 
(RAILWAY BOARD)

No.E(NG)I-99/CFP/23(Vol.II)

New Delhi, dated 02.08.2012

The General Managers (P)
All Indian Railways and
Production Units
(As per mailing list)

Sub: Induction of Trackmen into other departments – Revision of age limit regarding.
In terms of the extant provisions contained in para 179(xv) of Indian Railway Establishment Manual Vol.I, (Revised Edition-1989) First Re-print Edition-2009, the lower age limit of Trackmen for induction to Workshops against 10% and 40% quotas has been prescribed as 45 years.

2. The question of reducing the lower age limit has been considered by the Board in the light of the demand made by Federations viz AIRF & NFIR in the PNM meetings. It has been decided that the lower age limit for induction of Trackmen for transfer to Workshops, Traffic and Commercial departments against 10% quota with 50% seniority and against 40% quota on bottom seniority, may be reduced from 45 years to 40 years. Other terms and conditions of transfer of Trackmen against both the quotas remain unaltered. The matter will be reviewed after 6 months. Railways are requested to furnish the details of number of Trackmen inducted into other departments for the period from 01.08.2012 to 31.01.2013.

Hindi version will follow.

Please acknowledge receipt.

sd/- 
(M.K. Meena) 
Dy. Director Estt,(N) 
Railway Board

Source: www.indianrailways.gov.in
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-I/rbe_86_2012.PDF]

RESERVATION REGISTERS AND ROSTER REGISTERS

RESERVATION REGISTERS AND ROSTER REGISTERS
5.1  In case of cadres having more than 13 posts, all appointing authorities should maintain reservation registers in the format given in  Annexure-I
5.2  Reservation roster registers will be maintained in format given in the Annexure-II for cadres having less than 14 posts.
5.3  Following principles shall be followed for preparation and maintenance of reservation registers and reservation roster registers:
(a) Separate registers/ roster registers shall be maintained for appointments made by direct recruitment and promotion. In case of promotion, separate registers / roster registers shall be maintained for each mode of promotion viz. limited competitive examination, selection, non-selection, etc.
(b) A common register / roster register shall be maintained for permanent appointments and temporary appointments likely to become permanent or to continue indefinitely.

(c) A separate register / roster register shall be maintained for purely temporary appointments of 45 days or more but which have no chance whatever of becoming permanent or continuing indefinitely.

(d) Immediately after an appointment is made, the particulars of the person appointed shall be entered in the register / roster register in the appropriate columns and the entry signed by the appointing authority or by an officer authorized to do so.

(e) No gap shall be left in completing the register / roster register.

(f) The register / roster register shall be maintained in the form of a running account year after year. For example if recruitment in a year stops at point 6, recruitment in the following year shall begin from point 7.

(g) If reservation register becomes unwieldy or difficult to manage, a fresh register may be started by applying the method of initial preparation of registers.

(h) In case of cadres where reservation is given by rotation, fresh cycle of roster shall be started after completion of all the points in the roster.

(i)  Since reservation does not apply to deputation/absorption, where the recruitment rules prescribe a percentage of posts to be filled by these methods, such posts shall be excluded for determining reservations.

(j)  After every recruitment year, an account shall be noted in the reservation register indicating representation of Scheduled Castes/Scheduled Tribes/Other Backward Classes and details of backlog reserved vacancies etc.
Note : Reservation registers / roster registers are only an aid to ensure that Scheduled Castes, Scheduled Tribes and Other Backward Classes get quota reserved for them. These registers/roster registers do not determine seniority.
Grouping of Posts
5.4  In the case of posts filled by direct recruitment, small cadres may be grouped with posts in the same group for the purpose of reservation orders taking into account the status, salary and qualifications prescribed for the posts in question.
5.5  The posts of Sweepers should not be grouped for the purpose of reservation, with other categories of Group D posts, even though the number of posts of Sweepers may not be large in an office /establishment.
5.6  Proposals for grouping of posts should be referred to the Department of Personnel & Training for prior approval together with full particulars of the posts proposed to be grouped together in the following respect:
(i) Designation and number of each post.
(ii) Group to which the posts belong i.e. Group A, Group B, Group C or Group D.
(iii) Scale of pay of each post.
(iii)  Method of recruitment for each post as provided in the recruitment rules.
(iv) Minimum qualifications prescribed for direct recruitment to each post.

5.7  While reservations would be made according to the groups as provided above, the total reservation in any of the posts/services so grouped should not exceed 50 per cent of the vacancies to be filled in it i.e. in the particular post/service, in a recruitment year. The total reservation for SCs, STs and OBCs in any post or service should also not exceed 50 percent of the total number of posts in the particular post/service.

Initial Preparation of Reservation Register / Roster
5.8  In order to prepare the reservation register initially, names of all the candidates holding the post as on the date of starting the reservation register may be entered in the register starting with the earliest appointee who was in the cadre as on the date of start of register. If an appointee in the cadre is a Scheduled Caste candidate, SC may be entered in column 4 of the register against his name. If that candidate was appointed by reservation, SC may be written in column 5 also but if he was appointed on his own merit, UR will be written in column 5. If the next appointee is a general category candidate, general shall be written in column 4 against his name and UR in column 5, and so on till all the appointments are adjusted. After making entries as indicated above, details about the number of SC, ST and OBC candidates appointed by reservation, backlog reserved vacancies, if any, may be indicated in 'Remarks' column.
5.9  After initial preparation of the register, the names of persons appointed thereafter may be added by filling up the columns as stated above.
5.10 Roster registers shall be maintained for cadres with 2 to 13 posts. For preparing roster, names of all the incumbents in the cadre as on 2.7.1997 may be entered in the register starting from the earliest appointee. If an appointee in the cadre is a Scheduled Caste candidate, SC may be entered in column 5 of the register against his name. If that candidate was appointed by reservation, SC may be written in column 6 also but if he was appointed on his own merit, UR will be written in column 6. If the next appointee is a general category candidate, general shall be written in column 5 against his name and UR in column 6, and so on till all appointments are adjusted. In doing so, a general category candidate may appear on a reserved point and an SC/ST/OBC candidate may appear against an unreserved point. If name of an SC/ST/OBC candidate appointed by reservation is entered against a general point, entries may be made in remarks column against that point and also against nearest point reserved for SCs/STs/OBCs, as the case may be, to the effect that such a candidate is to be treated to have been adjusted against the relevant reserved point. Likewise, entries will be made in remarks column for candidates who are appointed as general category candidates but whose names appear against reserved points. Similar adjustments will be made in respect of SC candidates appearing against a point reserved for STs or OBCs and so on. After all the 14 points are consumed, fresh cycle of the roster may be started. As many roster points may be treated to have been consumed on the date of start of the roster register as many employees occupy the roster points as on the date of start of the register. From that point onward, vacancies may be filled as per roster points subject to adjustment of reserved category candidates appointed by reservation and general category candidates as explained above.

SC/ST/OBC Candidates Appointed on Merit
5.11 SC, ST and OBC candidates in case of direct recruitment and SC and ST candidates in case of promotion, appointed on their own merit and not owing to reservation should not be shown against reserved quota. They will be adjusted against unreserved quota.
5.12 If an unreserved vacancy arises in a cadre and there is any SC/ST candidate within the normal zone of consideration in the feeder grade, such SC/ST candidate cannot be denied promotion on the plea that the post is not reserved. Such a candidate will be considered for promotion alongwith other candidates treating him as if he belongs to general category. In case he is selected, he will be appointed to the post and will be adjusted against the unreserved point.
5.13 Only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall be treated as own merit candidates. If any SC/ST/OBC candidate is selected by getting any relaxation in experience qualification, number of permitted chances in written examination, zone of consideration etc., he/she shall be counted against reserved vacancies. Such a candidate cannot be considered for appointment against an unreserved vacancy.
5.14 SC/ST candidates appointed on their own merit (by direct recruitment or promotion) and adjusted against unreserved points will retain their status of SC/ST and will be eligible to get benefit of reservation in future/further promotions, if any.
5.15 50% limit on reservation will be computed by excluding such reserved category candidates who are appointed/ promoted on their own merit.

Adjustment of Compassionate Appointees
5.16 A person selected for appointment on compassionate grounds should be adjusted in the reservation register/ reservation roster register against the appropriate category viz. SC/ST/OBC/UR category depending upon the category to which he belongs. For example, if he belongs to SC, he shall be adjusted against a vacancy reserved for SCs. Similarly if he is an ST or OBC candidate, he shall be adjusted against vacancy reserved for STs or OBCs, as the case may be. An unreserved category candidate shall be adjusted against an unreserved vacancy.
Annexure-I to Chapter – 5
RESERVATION REGISTER
1. Name of the post:
2. Method of Recruitment: DR/Promotion by selection/Promotion by non-selection /Promotion by Limited Departmental Examination.
3. Number of posts in the cadre (cadre strength):
4. Percentage of Reservation prescribed : SCs_________  ,  STs___________  , OBCs__________

SI. No.
Name
Date of
appointment
Whether
belongs to
SC/ST/ OBC/
General
Filled as
UR or as
reserved
for
SC/ ST OBC
Signature of
appointing authority
or other
authorised officer
Remarks
1
2
3
4
5
6
7





















Annexure-II to Chapter – 5
RESERVATION ROSTER REGISTER
1. Name of the post:
2. Method of Recruitment: DR/Promotion by selection/Promotion by non-selection/Promotion by Limited Departmental Examination.
3. Number of posts in the cadre:
4. Percentage of Reservation prescribed: SCs______ , STs_______ , OBCs__________

Cycle No./ point No.
UR or
reserved for
SCs/ STs / OBCs
Name
Date of
appointment
Whether
SC/ST /0BC/
General
Filled as
UR or as
reserved
for
SCs/ STs /OBCs
Signature of
appointing authority
or other
authorised officer.
Remarks
1
2
3
4
5
6
7
8






















Source: www.persmin.nic.in

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