No.36012/1/2020-Estt (Res-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT. (Estt. Reservation-II)

Dated 07 January, 2025

OFFICE MEMORANDUM

Subject:- Reservation in promotion with Persons with Benchmark Disabilities- grant of notional promotion w.e.f. 30.6.2016 onwards – reg.

The undersigned is directed to refer to this Department’s OM No. 36012/1/2020-Estt.(Res-II), dated 28.12.2023 (copy enclosed) and subsequent reminder OM of even number, dated 9.10.2024 (copy enclosed) requesting all the Ministries/Departments to undertake the exercise regarding ascertaining the requirement of creation of supernumerary posts for the purpose of granting the notional benefit of reservation in promotion to PwBD employees during the period from 30.6.2016 to 16.5.2022 in terms of DoPT O.M. dated 17.5.2022 and O.M. dated 28.12.2023 and submit the proposal to DoPT.

2. In response thereto, proposals are still awaited from some of the Ministries/ Departments. Ministries/ Departments are once again requested to look into the matter on priority and carry out the requisite exercise of creation of supernumerary posts for extending the notional benefit of reservation in promotion to eligible PwBDs with effect from 30.6.2016 onwards and accordingly submit the proposal to DoPT in the prescribed proforma (Annexure-I) with the approval of the concerned Hon’ble Minister/MoS to this Department at an early date.

Encl.: As above.

Sd/-
Charu Vijay
Under Secretary to the Government of India

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Reservation in Promotion to Persons with Benchmark Disabilities (PwBD) – Clarification on relaxation of standards of selection/ suitability in consultation with DoP&T by Railway Board vide RBE No. 133/2023 dated 04.12.2023

RBE No.133/2023

भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड RAILWAY BOARD)

No. E(NG)I/2019/PM4/8(E-3417344)

New Delhi, dated 04.12.2023

The General Manager (P) OS
All Zonal Railways & Production Units :
(As per standard list)

Sub: Reservation in Promotion to Persons with Benchmark Disabilities (PwBD) – Clarifications regarding.

Attention is invited to Board’s letter of even number dated 01.07.2022 (RBE . No.74/2022) along with DoP&T’s O.M. No. 36012/1/2020-Estt.(Res.-II dated 17.05.2022 whereby detailed guidelines were issued for providing reservation in promotions to Persons with Benchmark Disabilities.

2. Representations have been received on the subject of extent of relaxation of standards of selection/suitability for PwBD candidates in the promotional exams. Attention in this regard is drawn to Para 8.1 and 8.2 of DoP&T’s instructions dated 17.05.2022 ibid which provides for relaxation of standards in selections.

3. It is stipulated in the aforesaid provisions that relaxed standards are to be adopted only in case sufficient PwBD candidates are not available on the basis of prescribed standards. However, the extent of relaxation required to be given has not been indicated in the instructions. The matter has been examined in consultation with DoP&T and clarification in this regard is as under:-

“If any extent of relaxation has been decided for a particular Limited Departmental Examination/ Departmental Examination in respect of candidates belonging to SC/ST category, where sufficient number of candidates belonging to SC/ST categories (as per vacancies earmarked for these categories) do not qualify the examination in the normal course, same extent of relaxation can be extended to candidates belonging to those PWBD category, who do not belong to SC/ST category. In case the candidates belonging to PwBD category also belong to SC/ST category, they would be eligible to be considered either as a SC/ST category or PwBD candidate for seeking relaxation of standard for Departmental Examination but not both.”

Please acknowledge receipt.

(Sanjay Kumar)
Dy. Director/Estt.(N)
Railway Board

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RBE No. 91/2023

Government of India
Ministry of Railways
(Railway Board)

No.2023- E(SCT)I/ 25/8

New Delhi, dated 14.07.2023

The General Managers (P)
All Indian Railways
& Production Units.
(as per standard mailing list)

Sub: Reservation in upgradation of pay structure of certain cadres – clarification

Ref: PCVII/ 2019/ RSRP/3 dated 17.11.2022 & 01.12.2022

References are being received from Zonal Railways seeking clarifications on letters referred above, whether Reservation is applicable in case of upgradation and cadre restructuring. The matter has been thoroughly examined in view of the judgment of Hon’ble Supreme Court in CA No.6934-6946 of 2005 in Union of India vs. Pushparani & others on 29.07.2008 in similar matters and clarified as under:

Upgradation of posts (functional or otherwise) due to stagnation resulting in cadre review:

1. In case of Mass Upgradation, where a grade of whole cadre is upgraded from existing grade to higher grade and where all the incumbents are placed in higher grade, without creation of new posts, reservation shall not be applicable.
2. However, in cases, where a portion of the sanctioned cadre strength is upgraded to an existing higher grade in that category or a new higher grade, resulting in increase in number of posts, then the reservation is to be applied to parted strength in lower grade as well as upgraded strength.
3. Accordingly instructions issued regarding application of reservation as per extant rules vide reference cited would hold good.

This disposes off references received from RCF/Kapurthala, South Western Railway and Eastern Railway vide letter nos. 2022-E /RCF/ SCT & OBC/ RES/ RB dt. 18.04.2023, SWR/ P.135/1/ Upgradation/ Ch.S&WI dt. 13.04.2023 & E.839/ Upgradation/ Ch.S&WI/ HQ dt.17.04.2023 respectively.

(A.S. Bhavani)
Deputy Director-II/ Estt.(SCT)-I
Railway Board

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GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
RAJYA SABHA
UNSTARRED QUESTION NO -1736
ANSWERED ON – 15/03/2023

ABOLISHING CREAMY LAYER IN PROVIDING RESERVATION FOR OBCs

1736. DR. KANIMOZHI NVN SOMU
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) whether Government has plans to abolish creamy layer in providing reservation for OBCs in both education and employment in Government and Public Sector Undertakings (PSUs);

(b) if so, the details thereof and the effective steps taken by Government to ensure social justice for the people belonging to OBCs and BCs in the country;

(c) the details of the total vacancies available under OBC/ BC category in Central Government, PSUs and allied bodies under Government; and

(d) the steps taken by Government to uphold social justice in educational and employment opportunities?

ANSWER

THE MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI A. NARAYANASWAMY)

(a) No Sir.

(b) & (d) The schemes being implemented by the Government to ensure Social Justice for the OBCs are:

• (i) In matter of direct recruitment to Central Government jobs and in admission to Central Government educational institutions. 27% reservation is available to the OBCs.
• (ii) Pre-Matric Scholarship for OBCs – for students of classes I to X.
• (iii) Post-Matric Scholarship for OBC students – for students of classes XI and XII.
• (iv) Dr. Ambedkar Scheme of Interest Subsidy on Educational Loan for Overseas Studies for OBCs/EBCs.
• (v) National Fellowship for OBCs.
• (vi) Construction of Hostels for OBC Boys and Girls.
• (vii) Assistance for Skill Development of OBCs/DNTs/EBCs.
• (viii) Launch of Venture Capital Fund for OBCs.
• (ix) Low Interest Loan/ Finance Assistance Schemes of National Backward Classes Finance & Development Corporation (NBCFDC) for OBCs.

(c) As per information provided by the Department of Personnel & Training, 95563 backlog reserved vacancies for OBCs in Central Government, Public Sector Banks/financial Institutions, Central Public Sector Undertakings etc. have been filled up from 2016 to 2021.

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Reservation Cell in each Ministry/ Department for enforcement of orders of reservations in posts and services of the Central Government

No.DOPT- 1670494514912
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT. (Estt. Reservation-I)

North Block, New Delhi
Dated 08 December, 2022

OFFICE MEMORANDUM

Subject:- Nomination of Liaison Officer for SC, ST, OBC, PwD, EWS and Ex-servicemen and setting up of a Reservation Cell in each Ministry/ Department for enforcement of orders of reservations in posts and services of the Central Government.

The undersigned is directed to say that DoPT, vide its OM No. 43011/153/2010-Estt.(Res), dated 4.1.2013, has issued detailed instructions for appointment of Liaison Officer, not below the rank of Deputy Secretary for Scheduled Castes (SCs), Scheduled Tribes (STs) and Persons with Disabilities (PwDs). These instructions also provide for designation of a separate Liaison Officer for Other Backward Classes (OBCs).Further, OM No.36039/1/2019-Estt (Res), dated 31.1.2019 provides for nomination of Liaison Officer for Economically Weaker Section (EWS) and OM No. 36034/2/2017-Estt (Res.), dated 31.12.2021, provides for nomination of a Liaison Officer for Ex-servicemen. Instructions also provide for creation of Reservation Cell under the direct control of Liaison Officer to assist him in discharge of his duties.

2. During the sitting of the Parliamentary Committee on the Welfare of Other Backward Classes on 3.11.2022, the Hon’ble Members of the Committee directed this Department to reiterate the provision of separate Liaison Officers for OBCs and nomination of Deputy Secretary in-charge of Administration or any other officer at least of the rank of Deputy Secretary as Liaison Officer. Accordingly, the existing instructions in the matter are reiterated as follows:

A. APPOINTMENT OF LIAISON OFFICERS

(i) Liaison Officer for SCs, STs and PwDs: As per DoPT OM No. 43011/153/2010 -Estt.(Res.), dated 4.1.2013, in each Ministry/Department/Attached and Subordinate Office, Deputy Secretary in charge of Administration (or any other officer at least of the rank of Deputy Secretary), shall be designated as Liaison Officer in the Ministries/ Departments in respect of matters relating to the representation of the Scheduled Castes, Scheduled Tribes and Persons with Disabilities.

(ii) Liaison Officer for OBCs: Similarly, the aforesaid instructions, dated 4.1.2013 also provide that Ministries/Departments shall designate a separate Liaison Officer at least of the rank of Deputy Secretary to deal with the matters relating to the representation of the Other Backward Classes.

(iii) Liaison Officer for Ex-servicemen: As per DoPT OM No. 36034/2/2017-Estt.(Res.), dated 31.12.2021, in each Ministry/Department/Attached and Subordinate Office, the Deputy Secretary in charge of administration (or any other officer at least of the rank of Deputy Secretary) should be designated as a Liaison Officer in respect of matters relating to representation of Ex-servicemen, either exclusively or in combination (the Officer already appointed as Liaison Officer for other categories), may be appointed as Liaison Officer for Ex-Servicemen also, depending upon the availability of Officer of the requisite rank. The particulars and contact details of Liaison Officer, so appointed, may be intimated to the Department of Ex-servicemen Welfare.

(iv) Liaison Officer for Economically Weaker Section (EWS): DoPT OM No.36039/1/2019-Estt.(Res), dated 31.1.2019, also provides that the Ministries/Departments/Attached and Subordinate Offices shall appoint Liaison Officer to monitor the implementation of reservation for EWSs.

B. RESPONSIBILITIES OF THE LIAISON OFFICERs: The Liaison Officer is responsible for:

1. Ensuring due compliance by the Ministry/ Department and subordinate appointing authorities with the orders and instructions pertaining to the reservation of vacancies in favour of the category for which, he/she is a liaison officer i.e. Scheduled Castes, Scheduled Tribes, Persons with Disabilities, Other Backward Classes, Economically Weaker Sections and Ex-servicemen. In addition, he/she shall also ensure that other benefit admissible to them.
2. Ensuring timely submission of reports regarding appointment/representation of SC, ST, OBC, PwD and EWS by each appointing authority in the Ministry/Department concerned. He shall also ensure scrutiny and consolidation of the above reports in respect of all establishments and services in and under the control of the Ministry/Department, and sending the consolidated reports, in the prescribed proformae, to the Department of Personnel & Training. In case of Ex-servicemen, the Liaison Officer concerned shall ensure maintenance of reservation rosters and preparation of reports on appointment/representation of Ex-servicemen, in the formats as prescribed by the Department of Ex-servicemen Welfare, and timely submission of these reports to the Department of Ex-servicemen Welfare.
3. The Liaison officers, designated for SC/ST/OBC, have to endorse the non-availability of an SC/ST/OBC Officer for being associated in the DPC before the DPC is actually conducted without a SC/ST/OBC Member. Therefore, it will be one of the duties of the Liaison Officers to acquaint themselves well in time about the dates of various DPCs to be held in future. He should maintain with him a ready list of officers of various levels, belonging to SC/ST/OBC of a few sister Departments/Ministries, so that whenever requirement arises, an SC/ST/OBC officer of appropriate level, consistent with the level of the other members of the DPC, and the level of appointment for which a DPC is proposed to be convened, can always be associated as a member. Such a list may be prepared by the Liaison Officers concerned by informally consulting the administrative wing of other Ministries/Departments.
4. Ensuring that while making a reference to the Department of Personnel and Training and to the National Commission for Scheduled Castes/the National Commission for Scheduled Tribes for de-reservation of reserved vacancies, full details in support of the proposal for de-reservation are given.
5. Ensuring the extension of necessary assistance to the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, National Commission for OBC and the Office of the Chief Commissioner for Persons with Disabilities in the investigation of complaints received by them from the officer(s) of respective category with regard to service matters and also in collection of information for their annual reports. In respect of EWS and PwBD, the concerned Liaison Officers shall extend all help to Grievance Redressal Officers appointed in respect of EWS and PwD reservation.
6. Conducting annual inspection of the reservation registers/rosters maintained in the Ministry/ Department/ Offices under the control of the Ministry/Department with a view to ensuring proper implementation of the reservation orders.
7. Acting as Liaison Officer between the Ministry/Department and the Department of Personnel & Training (Department of Ex-servicemen Welfare in case of matters relating to Ex-servicemen) for supply of information, answering questions and queries and clearing doubts in respect of matters covered by the reservation orders.

C. CONSTITUTION OF RESERVATION CELL:

Each Ministry/Department is required to set up a Special Reservation Cell within the Ministry/Department under the direct control of the Liaison Officer to assist the Liaison Officer in discharging of his duties effectively.

D. PRIVILEGES OF THE LIAISON OFFICER:

Cases of negligence or lapse in the matter of following the reservation and other orders relating to SC, ST, OBCs, PwDs, EWS and Ex-servicemen coming to the light through the inspections carried out by the Liaison Officer, or otherwise shall be reported/submitted by him direct to the Secretary/ Additional Secretary to the Government of India in the respective Ministry/ Department or to the Head of the Department in respect of offices under the Heads of Department, as the case may be. The concerned Secretary/Additional Secretary/Head of the Department shall pass necessary orders on such reports to ensure strict compliance of the reservation orders by the appointing authority concerned.

E. APPOINTMENT OF LIAISON OFFICERS IN ESTABLISHMENTS/ ORGANISATIONS UNDER THE MINISTRY/DEPARTMENT

Establishments/Organisations under the Government of India such as Public Sector Undertakings, Statutory and Semi Government Bodies, Autonomous Bodies/ Institutions including Municipal Corporations, Co-operative Institutions, Universities, Voluntary Agencies, receiving grants in aid from the Government, shall also appoint Liaison Officers in the same manner as is existing in the Ministries/Departments.

F. SPECIAL RESPONSIBILITIES OF THE LIAISON OFFICERS OF THE MINISTRIES/DEPARTMENTS TOWARDS IMPLEMENTATION OF RESERVATION POLICIES IN THE ESTABLISHMENTS UNDER THE GOVERNMENT:

The Liaison Officer of a Ministry/Department has to act as Liaison Officer in respect of the matters relating to the representation SCs/STs/PwDs, OBCs, Ex-servicemen and EWS in all establishments and services under the administrative control of the Ministry/Department. The appointment of Liaison Officers separately by the Organisations under the Government of India such as Public Sector Undertakings, Statutory and Semi Government Bodies, Autonomous Bodies/ Institutions, including Municipal Corporations, Co-operative Institutions, Universities, Voluntary Agencies receiving grants in aid from the Government etc. does not, however, dilute or alter or curtail the responsibilities of the Liaison Officers of the administrative Ministry/ Department with regard to implementation of reservation policy in such organisations. Liaison Officers of the Ministries/ Departments have special responsibility to monitor implementation of reservation policies in these organisations. In order to ensure due compliance of the reservation orders of the Government, the Liaison Officers may periodically visit/ inspect the offices/organizations under them. They should ensure that reservation rosters for these categories have been maintained properly without any gap in the entries made in the rosters. Liaison Officers shall carry out their duties in relation to reservation by calling for records from them and convening meetings with the officers of such organizations as are responsible for ensuring reservation policies in their respective organizations. If Liaison Officers of Ministries/Departments notice that reservation instructions are not being followed by any officers or complaint against any officer for harassment or deliberate manipulation of orders/instructions to harm the interests of the above-mentioned categories, are received they should feel free to report such lapses to the Secretary/ Additional Secretary of the Ministry/Department concerned without fear & hesitation of hierarchical disobedience.

3. As the Liaison Officers so nominated keep on changing due to administrative reasons, such as transfer, promotions, retirement etc., it is desirable that necessary details of the Liaison Officers, such as their names, designations, telephone numbers, emails, fax and complete official addresses are posted and updated as and when required on the official website of the concerned Ministry/ Department.

4. All the Ministries/Departments of the Central Government are requested to bring the contents of this O.M. to the notice of all the appointing authorities and also attached and subordinate offices under their control.

5. Hindi version will follow.

(Sign of Authority)
Abhay Kumar
Under Secretary to the Government of India

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Ministry of Personnel, Public Grievances & Pensions

Union Minister Dr Jitendra Singh says, appointment of OBCs in direct recruitment, each year from 2011 to 2021, is more than 27%

Posted On: 22 DEC 2022

Union Minister for Personnel, Public Grievances and Pensions, Dr Jitendra Singh said, appointment of OBCs in direct recruitment each year from 2011 to 2021, is more than 27%

In a written reply to a question in the Rajya Sabha today that whether people belonging to Other Backward Classes (OBCs) are lagging in deriving benefit of 27 percent reservation in central services, Dr Jitendra Singh said, this data is based on the information provided by various Ministries/Departments of the Central Government, including their attached/subordinate offices.

The Minister said, filling of vacancies is a continuous process. Department of Personnel and Training has issued instructions to the Ministries/Departments of the Central Government to designate an officer of the rank of Deputy Secretary and above, as Liaison Officer, to ensure due compliance of the orders and instructions pertaining to reservation and set up a Special Reservation Cell under the direct control of Liaison Officer to assist her/him in discharge of duties.

PIB

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Latest DoPT Orders 2022

(Updated on 13.10.2022)
F.No.36011/1/2022-Estt.(Res-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training Establishment
Estt (Reservation) Division

COMPENDIUM OF INSTRUCTIONS ON RESERVATION IN APPOINTMENTS IN POSTS/SERVICES IN THE CENTRAL GOVERNMENT

Establishment (Reservation) Division of the Department of Personnel and Training has issued various instructions, from time to time, regarding reservation in appointments to posts and services under the Central Government, and concessions/ relaxations extended to the persons belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Persons with Disabilities (PwDs), Economically Weaker Sections (EWSs) and Ex-servicemen. With a view to facilitating easy accessibility and clear understanding of these rules on reservation/ concessions/ relaxations, the relevant instructions on the subject have been consolidated, as under:

1. PROVISIONS RELATING TO SCs, STs AND OBCs

A. RESERVATION IN DIRECT RECRUITMENT AND PROMOTION

1. Reservation in Direct Recruitment (in open competition and otherwise than by open competition)

Reservation is provided to the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes @ 15%, 7.5% and 27%, respectively, in the matter of appointment by direct recruitment to civil posts and civil services on all India basis by open competition.

In the matter of appointment by direct recruitment to civil posts and civil services on all India basis otherwise than by open competition, reservation is provided to the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes @ 16.66%, 7.5% and 25.84%, respectively.

2. Reservation in Direct Recruitment in Group C&D attracting local candidates

3. Exclusion of Creamy Layer from amongst OBCs

4. Establishment of equivalence of posts in respect of employees of PSUs, Banks, PSICs and PFIs

5. Reservation in Promotion

6. Spirit of O.M., dated 12.04.2022, regarding Reservation in Promotion

B. SCOPE OF RESERVATION

1. Reservation in Scientific and Technical Posts

2. Reservation in Posts of Industrial Workers

3. Reservation in Work-Charged Posts

4. Reservation in Appointments of Daily Rated Staff

5. Reservation in Ad-hoc Promotions

6. Reservation in case of a Single Vacancy

7. Reservation in PSUs, Autonomous Bodies etc

8. Reservation in Voluntary Agencies

9. Reservation in temporary appointments lasting for 45 days or more

C. RELAXATIONS AND CONCESSIONS

D. RESERVATION ROSTER, GROUPING OF POSTS, OWN MERIT APPOINTMENT AND COMPASSIONATE APPOINTMENT

E. DE-RESERVATION

F. VERIFICATION OF THE CASTE/ COMMUNITY/ TRIBE CERTIFICATE

G. PROVISIONS FOR SAFEGUARDING THE INTERESTS OF SCs/ STs/ OBCs

H. OTHER PROVISIONS

2. PROVISIONS RELATING TO ECONOMICALLY WEAKER SECTIONS (EWS)

3. PROVISIONS RELATING TO PERSONS WITH BENCHMARK DISABILITY (PwBDs)

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Latest DoPT Orders 2022

No. 36035/02/20 17 – Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated Sep 27, 2022

Office Memorandum

Subject: Reservation for Persons with Benchmark Disabilities – Clarification with regard to the concept of own merit.

The undersigned is directed to refer to Para 4.2 of the OM of even number, dated 15.1.2018 and Para 7.2 of OM No. 36012/1/2020 – Estt(Res.-II), dated 17.5.2022, which, inter alia, states that the Persons with Benchmark Disability (PwBD) selected without relaxed standard, along with other unreserved candidates, will not be adjusted against the vacancies reserved for them and that the vacancies reserved for PwBDs will be filled up separately from amongst the eligible PwBD candidates who are lower in merit than the last unreserved candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standard.

2. Queries have been received in this Department, from time to time, on the following three aspects: –

• whether PwBD candidates who have qualified on their own merit without any relaxed standard should be appointed against the vacancies not reserved for PwBDs, i.e., against the unreserved vacancies which will be in addition to the vacancies earmarked for PwBD category candidates;
• whether the facility of a scribe availed by a PwBD candidate, along with the compensatory time, shall be treated as relaxed standard; and
• whether the disability a PwBD candidate is suffering from, shall be treated as relaxation in medical standard, which will disable him from being treated as own merit category.

3. In this connection, it is also pertinent to mention that this Department had constituted a Committee which deliberated upon the above three aspects, particularly in respect of Civil Services Examination (CSE), and recommended, inter-alia, the following:

• the ‘own merit’ concept for PwBD category candidates should be implemented in CSE, in accordance with Establishment (Reservation) Division’s OM No.36035/2/2017 -Estt(Res), dated 15.01.2018.
• The facility of scribe, extra-time and relaxation in medical standards available to PwBD category candidates should not be treated as ‘relaxed standard’.

4. Accordingly, the following clarifications are issued: –

• In line with the spirit of the O.M. No.36035/2/2017- Estt(Res.), dated 15.1.2018, and O.M. No.36012/1/2020- Estt (Res-II), dated 17.5.2022 on the subject, the concept of own merit for PwBD shall be implemented in all direct recruitment examinations, including the CSE and promotions, wherever applicable. In other words, PwBD category candidates selected without relaxed standard, along with other unreserved candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with benchmark disabilities, who are lower in merit than the last unreserved candidate in general merit list, but otherwise found suitable for appointment, if necessary, by relaxed standards.
• In accordance with Para 3 of the OM No.29-6/2019-DD III, dated 10.8.2022, issued by the Department of Empowerment of Persons with Disabilities, the facility of scribe, along with compensatory time shall not be treated as relaxed standard. DoPT, in agreement with this provision, reiterates that the facility of scribe taken by a PwBD candidate, along with compensatory time, shall not be treated as relaxed standard.
• In terms of Corrigendum No. 34-02/2015/DD- III(Pt.), dated 08.02.2019, the phrase ‘extra time or additional time’ is required to be replaced by the phrase ‘compensatory time’ The spirit of the term ‘own merit’ will get defeated if the disability a person is suffering from, is treated as relaxed medical standard, as no PwBD will get the benefit of the term ‘own merit’ as stipulated in the OMs, dated 15.1.2018 and 17.5.2022 in such a scenario. Accordingly, it is clarified that disability of a person, which he is suffering from, shall not be treated as relaxed standard in medical fitness test for the purpose of ‘own merit’.

5. All the Ministries/ Departments of the Government of India are requested to bring the above instructions to the notice of all the appointing authorities under their control to provide the benefit of ‘own merit’ to the PwBDs, in accordance with these guidelines.
6. This is being issued after having consultation with the Department of Empowerment of Persons with Disabilities and the Department of Legal Affairs.
7. This issues with the approval of Secretary (p).

(S.P. Pant)
Director (Res-JI)

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No. 43011/11/2022 – Estt. (Res-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Res-II) Section

North Block, New Delhi
Dated, the 19 September, 2022.

To
The Chief Secretaries
All State Governments and UTs

Subject: Frequently Asked Questions (FAQS) on reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government – reg.

Madam/Sir,
This Department issued O.M. No.36039/1/2019 -Estt(Res) on 31.01.2019 providing for 10% reservation to Economically Weaker Sections (EWSs), who are not covered under the reservation scheme for SCs/ STs/ OBCs in respect of direct recruitment in civil posts and services in Central Government. In this regard, it is stated that it receives a number of references from various Ministries/ Departments/ individuals for clarification of certain issues. The Central Information Commission in a hearing held on 27.04.2022, directed to take necessary action to place in the public domain FAQs on EWS reservation to assist the information seekers in future. Accordingly, the undersigned is directed to inform that a set of FAQs on the subject has been prepared, as under, which may be of use while issuing Income & Asset Certificate to the candidates by the concerned authorities.

FAQs on Property

No. Para 4.2 and 4.3 of said O.M. dated 31.01.2019 provides that the property held by a “Family” in different locations or different places/cities would be clubbed while applying the land or
property holding test to determine EWS status and the term ‘Family’ for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. Property beyond threshold limit tantamount to disqualification for applying to Income and Asset Certificate in respect of any of the children.

Yes. Para 4.2 of said O.M. dated 31.01.2019 provides that, the property held by a “Family” in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status. Person can apply for Income and Asset Certificate in the district of his permanent address.

Para 4.1 of the OM, dated 31.1.2019, speaks of residential property. However, exclusion of commercial property will result in injustice. Hence, the definition of residential flat/plot in the OM also includes the commercial property.

No. Grandparent is not a part of a family under para 4.3 of OM dated 31.1.2019.

It will be 90 square yards in urban area and remaining 90 square yards in rural area. Hence, as laid down in Para 4.1 of OM dated 31.1.2019, it is neither 100 square yards in notified municipalities nor 200 square yards in other than notified municipalities. As such, eligibility will remain for EWS certificate.

If it is a fiat, the criteria of Income & Assets applicable for residential flat of 1000 square feet and above as provided in para 4.lOi) of the O.M. dated 31.1.2019, will apply. If it is a plot, again, the criteria of notified municipality or the area other than the notified municipality will apply as provided in Para 4.1 (iii) and (iv) of the O.M., dated 31.1.2019.

Residential plot means a plot for the purpose of construction of residential house irrespective of the fact whether the house has been constructed or not. The entire area of the plot will be taken into account while assessing the eligibility of a candidate to get an Income & Asset Certificate. In this regard, rules/ regulations framed by the respective Municipality/ Panchayat shall be taken into account.

For the purpose of reservation in the category of EWS, the term ‘Plot’ connotes an independent identity, whereas the term ‘flat’ connotes a number of residential units/dwelling units built on the same plot.

Built up area of the fiat and the covered area plus the area left uncovered of the plot (as per rules of Municipality/ panchayats) will be treated as residential area and additional land beyond residential flat / plot being used for agricultural purpose, may be treated as agricultural land. This will be specifically for the purpose of determination of EWS status and not for any other purpose.

Total built up area of the residential unit/flat, including brick/pillar area (excluding staircase area and common area), is to be taken into account for computation of measurement of the flat.

FAQs on Category of Applicant

Question-11. Migrants belonging to Scheduled Castes (SCs), Scheduled Tribe(STs), Other Backward Castes(OBCs) in other State where they do not belong to SC, ST and OBC, then in that case, can they apply for EWS reservation?
Answer: As per Para 2 of DoPT O.M. No. 3603911/2019 -Estt.(Res.), dated 31 .01 .2019, the persons belonging to EWSs who, are not covered under the scheme of reservation for SCs, STs and OBCs shall
get 10% reservation in direct recruitment in civil posts and services in the Government of India. Applicants belonging to SC, ST or OBC included in the Central List residing in any of the states/UTs are not eligible for EWS reservation in respect of posts/services of the Government of India.

Question-12. If a person belongs to Other Backward Classes (OBCs) in a State list but not in Central List, can he apply for Income and Asset Certificate?
Answer: Para 2 of annexure-1 to O.M., dated 31.01 .2019, regarding Income & Asset Certificate reads as under:

“Shri/ Smt./ Kumari … belongs to the … caste which is not recognized as a Scheduled Caste, Scheduled Tribe and Other Backward Classes (Central List) …. “

Therefore, if a person belongs to OBC in a State list but not in Central List, he/she can apply for Income and Asset Certificate for applying to posts and services of the Government of India to avail of EWS reservation subject to fulfilling other conditions, as mentioned in said OM, dated 31.1.2019.

FAQs on vacancies

Question-13. How can the unfilled vacancies of EWS be filled in a recruitment year in case of nonavailability of suitable candidates belonging to EWS?
Answer: As per Pare 6.3 of DoPT OM No. 36039/ 112019 -Estt.(Res.), dated 31.3.2019, where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog. A further attempt in the same recruitment year to fill the EWS vacancy is desirable. Thereafter, the unfilled vacancies may be filled up, treating them as unreserved provided it does not result in excess representation in general category beyond the number added on account of non-availability of EWS candidate. If it results in excess representations, it may be diverted to the category in which shortfall exists.

Question-14. Whether EWS reservation is to be calculated on total number of vacancies of cadre strength or current year vacancies.
Answer: EWS reservation should be calculated in accordance with reservation roster as provided in Annexure – II to V of DoPT OM, dated 31.1.2019. EWS reservation is effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019. Every Government establishment shall recast group-wise post-based reservation roster register for direct recruitment, in accordance with format given in Annexure II, III, IV and V of DoPT OM, dated 31.1.2019, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. Thereafter, they can see the point which was vacated in the Post Based Roster. The vacancies will, accordingly, go to respective categories. Current vacancies are to be taken into account to distribute vacancies amongst different categories.

FAQs on Income.

Question-15. Whether money earned through Provided Fund, Gratuity or other pensionary benefits in a particular financial year at the time of retirement will be counted as family income?
Answer: As per Para 4.1 of DoPT O.M. No. 36039/ 1/2019-Estt.(Res.), dated 31.01.2019, apart from asset holding test, persons whose family has gross annual income below Rs 8.00 Iakh (Rupees eight lakh only) are to be identified as EWSs for benefit of reservation. Income for the purpose shall include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application. The income for this purpose will be. gross income taken into account for the purpose of
Income Tax.

Question-16. Will monthly pension/family pension be counted for family income?
Answer: Yes.

Question-17. Gross salary is Rs.1O Lakh but as per income tax return total income comes out to Rs.6 Lakh. In that case, can a candidate apply for Income and Asset certificate?
Answer: It is always gross salary/gross income.

FAQs on Competent Authorities for issuance of Income & Asset Certificate

Question-18. Can Competent Authorities of different States and Union Territories issue Income and Asset Certificate in different formats?
Answer: No. Prescribed format for Income & Asset Certificate for applying to posts and services under the Government of India has been prescribed vide Annexure-I of DoPT O.M. No. 36039/1/2019-
Estt.(Res.-lI),dated 31.01.2019. Hence, it cannot be different for different States/UTs for the purpose of employment under the Central Government.

Question-19. Whether Anchal Adhikari or Naib-Tehsildar is a competent Authority to issue a EWS certificate?
Answer: Anchal Adhikari of any State/UT can issue Income and Asset Certificate, if he/she is not below the rank of lehsildar or any other equivalent officer(s) as mentioned in Para 5.1 of DaFT OM, dated 31.1.2019, and as notified by the respective State/UT. If the Anchal Adhikari/Naib Tehsildar is below the rank of Tehsildar, they shall not issue Income & Asset Certificate.

FAQs reqardinq Income & Asset Certificate

Question-20. In case Income and Asset certificate comes out to be a fake/false at a later stage, what will be the next course of action to be followed by the Appointing Authority?
Answer: Para 5.4 DoPT OM, dated 31 .01.2019 provides that the appointing authorities should, in the offer of appointment to the candidates, claiming to be belonging to EWS, include the following clause

“The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/ false the senrvices will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate. The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority.”

If the Income & Asset Certificate is found to be fake, the services of the temporarily appointed person shall be done away with.

Question-21. Crucial date for Income & Asset certificate?
Answer: Para 5.3 DoPT OM, dated 31.01.2019, provides that the crucial date for submitting income and asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise. The crucial date for submission of Income & Asset Certificate (Cutoff date) shall be clearly mentioned in the advertisement published by the recruiting agencies. Income & Asset Certificates issued subsequent to the crucial date and for the later Financial Year shall be treated as major discrepancies. In this regard, the order, dated 18.05.2020 passed by the Hon’ble Supreme Court in SLP(C) No. 426/2021 titled UPSC vs Gaurav Singh & Ors, may be referred to.

Question-22. Requirement of seal/stamp of name and designation of Income & Asset certificate issuing authority of State/UT.
Answer: The authorized certificate issuing authorities in the States/UTs should invariably affix the seal/stamp properly displaying their name and designation on the space earmarked for the purpose in the Income and Asset Certificate (Annexure-I of DoPT aM, dated 31.01.2019).

Question-23. What if the earmarked space of “Valid for the year … ” below the certificate no. and date is left blank?
Answer: As per Para 4.1 of DoPT OM No. 36039/1/2019 -Estt.(Res.), dated 31 .01.2019, Family Gross Annual Income shall be computed for the financial year prior to the year of application. Therefore, if the closing date for receipt of application for a post is 1st August, 2022, the financial year for computing gross annual income of the family shall be 2021-2022 and the certificate shall be valid for 2022-2023. If it is left blank but the income and assets have been calculated for the correct financial year and also indicated in the body of the Income & Asset Certificate, it may be referred back to the certificate issuing authority for confirmation and filling up the validity year in the space earmarked for it. However, neither financial year nor validity year is mentioned in the certificate, it will be treated as a major discrepancies and may invite rejection.

Miscellaneous FAQs

Question-24. What are notified municipalities” and areas falling in ‘other than the notified municipalities’?
Answer: Notified Municipalities means the area under the respective Municipalities, as notified by the respective States/UTs. If any area has not been notified, it will come under the category of the area ‘other than the notified municipalities’.

Question-25. Whether in case of applicants(s) not living with parents or separated by parents, property or income of parents shall be taken into account for computation of family income?
Answer: As per Para 4.3 of DoPT O.M. No. 3603911/ 2019-Estt.(Res.), dated 31.01.2019, The term “Family” for this purpose will include the person who seeks benefit of reservation, his/her parents and
siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. Therefore, no other definition of Family will be allowed. To make it clear, it is stated that whether the children are not living with parents or separated from parents, property/income of parents shall be taken into account for computation of family income.

Question-26. Whether siblings/children of 18 years or above will be counted under the definition of family for EWS reservation?
Answer: No. As per the Para 4.3 of O.M. of DoPT, dated 31 .01.2019, the term “Family” will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years, as also his/her spouse and children below the age of 18 years. Therefore, siblings/children of 18 years and above will not be counted under the definition of “Family” for applying to Income and Asset Certificate.

Question-27. What is the maximum time limit to issue the Asset and Income Certificate for EWS after submitting the application?
Answer: The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process, as prescribed by the respective State/UT and, accordingly, time limit for issuing Income and Asset Certificate is to be decided by the respective State/UT. However, the time limit should be fixed in such a way that it does not harm the interest of the applicants.

Question-28. Whether the benefit of age relaxation and relaxation in number of attempts available to EWS candidates?
Answer: No. The conditions prescribed for General category candidates in matters of Age and Number of attempts, would also apply to EWS candidates.

2. In case any reply, as contained in this FAQ, contradicts any of the provisions made in DoPT OM, dated 31.1.2019, the provisions made in DoPT OM, dated 31.1.2019, shall prevail. The clarification
   contained in this FAQs shall be effective from the date of issue of this OM and it will not be applicable to the cases settled before the date of issue of this O.M. Further the clarifications are subject to outcome of different cases pending before various Courts on the subject.
3. This FAQs is being issued after having consultation with the Department of Social Justice and Empowerment and the Department of Legal Affairs.
4. This issues with the approval of Secretary (P).

(S.P. Pant)
Director (Estt.(Res.-II))

Download Frequently Asked Questions (FAQS) on reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government PDF

The post FAQs on the reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government – DoPT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Indian railways latest news today

Government of India
Ministry of Railways
(Railway Board)

No.2018-E(SCT)l/25/9

New Delhi, dated 22.06.2022

The General Managers (P),
All Indian Railways
& Production Units.
(As per standard mailing list)

Sub: Reservation in promotions- Procedure to be followed prior to effecting reservations in the matter of promotions.

Ref: Railway Board’s letter no.2018. -E(SCT)l/25/9 dated 13.04.22 & 02.05.22.

Clarifications are being sought from some of the Zonal Railways with reference to Board’s instruction issued vide Letter no. No.2018-E(SCT)l/25/9 dated 13.04.2022 & 02.05.2022 in consonance with DOP&T orders No.36012/16/2019-Esttt. (Res.).

Attention is invited to Para 4(b) of Board’s letter no. 95-E(SCT)I/49/5(2) dated 21.08.1997, wherein it has been mentioned that cadre for the purpose of roster shall mean a particular grade and shall comprise the number of the posts to be filled by a particular mode of recruitment in terms of the codal/manual provisions or Railway Board’s instructions issued from time to time.

As regards RBE No.126/2010, it is mentioned that the same had been was held in abeyance vide Railway Board’s letter no.2016-E(SCT)I/25/8 dated 30.09.2016 with immediate effect till further orders. Further in terms of Board’s orders of even number dated 19.06.2018 (copy enclosed), it has been advised to carry out promotions in accordance with the directions of the Hon’ble Supreme Court orders dated 17.05.2018 and 5.06.2018 based on the existing seniority/select list.

Now fresh instructions had been issued vide Board’s letter no.2018-E(SCT)I/25/9 dated 13.04.2022 & 02.05.2022 in consonance with DOP&T O.M. No.36012/16/2019-Estt.(Res.) dated 12.04.2022, wherein it has been advised to follow instructions/guidelines, laid down in Board’s letter No.95-E(SCT)I/49/5(2) dated 21.08.1997 w.r.t maintenance of roster. In this regard attention is invited to para 10 of Annexure-1, wherein it had been mentioned that while operating the roster, persons belonging to communities for whom reservation has been made, but who are appointed on merit and not owing to reservation, should not be shown against reserved points. They will occupy the unreserved points.

Further it is reiterated that as the Jarnail Singh batch of cases are still pending in the Supreme Court of India, any promotion order issued shall be subject to further orders that may be passed by the Supreme Court in the said batch of cases.

This disposes of SWR’s Letter No.SWR/P.171/SCTOBC/RB53/2022/Res.Pro. dated 13.05.2022 & 14.06.2022.

(James Kujur)
Deputy Director, Estt.(SCT)I
Railway Board

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