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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 OFFICE MEMORANDUM

Sub: Computation of reservation — Implementation of the judgment of Hon’ble Supreme court in the matter of Union of India & Anr. Vs. National Federation of Blind & Ors.

The undersigned is directed to refer to this Department’s OM. of even no. dated 20.03.2014 regarding judgment of the Hon’ble Supreme Court pronounced on 08.10.2013 in the matter of Civil Appeal No.9096 of 2013 (arising out of SLP(civil) No.7541 of 2009 titled Union of India & Anr. Vs. National Federation of Blind & Ors. and this Department’s O.M. of even no. dated 03.12.2013.

2. The Ministries/Departments/Organisations of the Government of India were requested to furnish data on vacancies available and posts identified for persons with disabilities in all the cadres under their control, including attached offices, subordinate offices, public sector undertakings/Government companies, cantonment board and the services under their administrative control so that consolidated Status Report could be filed before the Hon’ble High Court of Delhi before the next date of hearing on 28.04.2014.

3. The Ministries/Departments who have already furnished requisite information may furnish data in regard to the Services, if any, which are being administered by them.

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_24_2009-Estt-Res.pdf]

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Filling up backlog vacancies : Achievement of the Drive as reported by various Ministries / Departments on its conclusion revealed that out of total 75,522 identified backlog vacancies , there were 64,175 backlog vacancies which could be filled up and of these, 48,035 vacancies were filled up. Overall success rate of the Drive was 74.85%.

No.36038/1(i)/2013-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated the 21st June, 2013.

Subject: Filling up backlog vacancies reserved for Scheduled Castes (SCs)/Scheduled Tribes (STs)/Other Backward Classes (OBCs).

A Special Recruitment Drive for filling up of the backlog vacancies reserved for SCs/STs/OBCs had been launched in November, 2008 and was concluded on 31st March, 2012.

2. Achievement of the Drive as reported by various Ministries / Departments on its conclusion revealed that out of total 75,522 identified backlog vacancies , there were 64,175 backlog vacancies which could be filled up and of these, 48,035 vacancies were filled up. Overall success rate of the Drive was 74.85%. Reasons for non-filling up of reserved vacancies may be attributed to the lack of finishing skills like English fluency or interview skills, non availability of qualified reserved category candidates for posts requiring professional qualification especially in ST category, scarcity of qualified reserved category persons results in job switch over or not joining after selection as they get better jobs and in some cases selection is done on all India basis whereas allocation is made zone/State wise.

3. The Government considered the status of filling up of backlog vacancies reserved for SCs/STs/OBCs and desired that concerted efforts be made to fill up the backlog vacancies at the earliest and the status of action taken in this regard be monitored at the highest level. Besides, actions on the following measures are to be taken at the earliest to enhance the employability of reserved category candidates:

(i) In order to fill up the vacancies in the posts requiring professional qualifications, the concerned Ministries/Departments may take a decision within a period of six months on launching of a Special Recruitment Drive providing certain relaxations so that the vacancies may be filled up;

(ii) Finishing training should be imparted to the reserved category candidates once they complete technical/professional qualifications. Ministry of Social Justice and Empowerment and Ministry of Tribal Affairs would devise such programmes. Such programmes should be implemented with involvement of State and State Administrative Training Institutes.

(iii) Training programmes for interview skills and English proficiency may also be devised for reserved category persons for posts requiring non-professional qualifications;

(iv) The issue of providing reserve list/wail list of successful reserved category candidates would be taken up with the Recruitment Agencies so that in a situation when reserved category candidates with higher merit do no join the post, the post may be filled up from the candidates available in the reserved list;

(v) The issue of less employability of SCs/STs/OBCs and Persons with Disabilities for Government sector may require in-depth analysis of the causes and to suggest remedial measures. It would be appropriate to constitute a Committee with representations from Ministry of Social Justice and Empowerment, Ministry of Tribal Affairs, Department of Personnel and Training, major Ministries /Departments like Ministry of Home Affairs, Ministry of Railways and government recruitment agencies.

The committee should find out specific reasons for backlog in filling up of vacancies and suggest measures to enhance the employability of reserved category candidates. (vi) More and more posts may be identified for the persons with disabilities. Micro specifications may be made liberal by providing reasonable accommodation/technological help.

(vii) Schemes may be launched for establishment of inclusive schools/colleges where even persons with disabilities may be able to get education so that the dearth of qualified persons especially in Hearing Impaired category may be taken care of.

(viii) As regards awareness of opportunity for the Persons with Disabilities, the Non- Government Organisations (NGOs) working in the concerned area may be roped in by the Department of Disability Affairs for dissemination of information about schemes/programmes/job opportunities.

4. All the Ministries /Departments are requested to take follow up action on the decision taken by the Government. Quarterly reports be sent to this Department for monitoring the progress of implementation of these directions.

sd/-
(G. Srinivasan)
Deputy Secretary to the Government of India
Tele.: 23090374

To
The Joint Secretary (Administration),
All the Ministries/Departments /Autonomous Bodies/Attached offices as per the list attached.

1. D/o Agriculture and Cooperation
2. D/o Agriculture Research and Education
3. D/o Animal Husbandary, Dairying and Fisheries
4. D/o AR and PG
5. D/o Atomic Energy
6. D/o Avush
7. D/o Bio-Technology
8. Cabinet Secretariat
9. D/o Chemicals and Petra-Chemicals
10. M/o Civil Aviations
11. D/o Coal
12. M/o Commerce
13. Comptoller Auditor General
14. D/o Consumer Affairs
15. D/o Corporate Affairs
16. M/o Culture
17. D/o Defence
18. D/o Defence Production
19. D/o Defence Research and Development
20. M/o Development of North Eastern Region
21. D/o Disinvestrnent
22. M/o Drinking Water Supply & Sani ation
23. M/o Earth Science
24. D/o Economic Affairs
25. Election Commission
26. D/o Electronics and Information Technology (DEITY)
27. M/o Environment and Forests
28. D/o Expenditure
29. D/o Ex-Servicemen Welfare
30. M/o External Affairs
31. D/o Fertilizers
32. D/o Financial Services
33. D/o Food and Public Distribution
34. M/o Food Processing Industries
35. D/o Health and Family Welfare
36. D/o Health Research
37. D/o Heavy Industries
38. D/o Higher Education
39. M/o Home Affairs
40. M/o Housing and Urban Poverty Alleviation
41. D/o Industrial Policy and Promotion
42. M/o Information and Broadcasting
43. D/o Justice
44. M/o Labour and Employment
45. D/o Land Resources
46. D/o Legal Affairs
47. D/o Legislative
48. M/o Micro, Small and Medium Enterprises
49. D/o Mines
50. M/o Minority Affairs
51. M/o New and Renewable Energy
52. Office of the Principal Scientific Adviser
53. M/o Overseas Indian Affairs
54. M/o Panchayati Raj
55. M/o Parliamentary Affairs
56. D/o Pensions
57. D/o Personnel and Training
58. M/o Petroleum and Natural Gas
59. M/o Pharmaceutical
60. Planning Commission
61. D/o Posts
62. M/o Power
63. President’s Secretariat
64. Prime Minister Office
65. D/o Public Enterprises
66. M/o Railways
67. D/o Revenue
68. D/o Road Transport and Highways
69. D/o Rural Development
70. D/o School Education and Literacy
71. D/o Science and Technology
72. D/o Scientific and Industrial Research
73. D/o Shipping
74. M/o Social Justice and Empowerment
75. D/o Space
76. M/o Statistics and Programme Implementation
77. M/o Steel
78. D/o Telecommunication
79. M/o Textiles
80. D/o Tourism
81. M/o Tribal Affairs
82. UPSC
83. M/o Urban Development
84. Vice President Secretariat
85. M/o Water Resources
86. D/o Women and Child Development
87. M/o Youth Affairs and Sports
88. National Human Rights Commission
89. Staff Selection Commission
90. Council of Scientific & Industrial Research

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36038_1_2013-Estt.Res.-21062013-A.pdf]

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2. It has been found that most of the Ministries/Departments have not even created their profile. Some Ministries/Departments have initiated the data entry but the data has not been successfully sent it to this Department.

The post Streamlining the procedure for collecting on-line data/information — Notice of the meeting appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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.

The latest of such judgments was in M. Nagaraj case in which the Supreme Court has laid down some pre-requisite conditions for providing reservation in promotion. These conditions are, namely, assessing the quantum of representation of SCs, STs, there backwardness and effect on efficiency.

In wake of the effects of the judgment of Supreme Court the Government had introduced a Constitutional Amendment Bill in Rajya Sabha during the last session so that the Scheduled Caste and Scheduled Tribes may continue to get reservation in promotion as existing. There had been demand to retain Article 335. Accordingly, the Bill was amended to delete the words “ or in Article 335”, so that the condition of the efficiency as mentioned in the Article 335 should continue to be a part of the Constitution and should not be obliterated. Moreover, it ensures that the effects of proviso to article 335 are retained which permits relaxed standards for candidates belonging to the scheduled castes and the scheduled tribes in case of promotion against reserved vacancies. The amended Bill has now been passed by the Rajya Sabha.

The Government is making efforts to get the Bill passed by the Lok Sabha also in this session itself.

PIB News

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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]

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(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.

(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.

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__________

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__________

Source: www.persmin.nic.in

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RESERVATION IN PROMOTION

Minister of Personnel, Public Grievances & Pensions Shri.V.Narayanasamy replied to a question in Lok Sabha on 12th December 2012 regarding the subject of reservation in promotion.

In his written reply, 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.

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