RBE No. 116/2024

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

No. E(NG)I/2023/ PM4/22(E-3451127)

New Delhi, 31.12.2024

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

Sub: Reservation in promotion to the Persons with Benchmark Disability (PwBD) – carry forward of vacancy regarding.

Ref: i) Board’s letter of even number dated 04.12.2024.
ii) Board’s letter No.E(6P)2022/2/ 20/PwBD dated 21.06.2024.

Attention is invited to Railway Board’s letter No. E(GP)2022/2/ 20/PwBD dated 21.06.2024, wherein instructions have been issued on the subject of carry forward of vacancies in the event of non-availability of suitable PwBD candidates in promotion from Group ‘C‘ to Group ‘B’:-

“The matter has been examined in consultation with Reservation Directorate of Board’s office. Accordingly, it is clarified that keeping a vacancy unfilled on account of non-availability of suitable PwBDs in the current selection is not in order as reservation for PwBDs being horizontal in nature, there is no prior earmarking of community. Thus, the earmarked vacancies of all categories (SC, ST and UR) are to be filled up irrespective of the fact whether PwBD reservation is filled or not, and only the reservation for PwBDs is to be carried forward.”

2 Some Zonal Railways have sought clarification regarding the applicability of the aforementioned instructions issued for promotion from Group ‘C’ to Group ‘B’ as per the Board’s letter No. E(6P)2022/2/20/PwED dated 21.06.2024 to non-gazetted categories also.

3. Till further orders, on the subject of carry forward of PwBD vacancies in the event of non-availability of suitable PwBD candidates in non-gazetted promotions, it has been decided to have uniformity with the policy adopted above in case of promotions from Group ‘C’ to Group ‘B’. Past cases decided otherwise will not be revisited under this interim measure.

DA-Nil.

Rajeev Ranjan
Joint Director-I/ Estt.(N)
Railway Board

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F.No. SC-12/9/2022 -SCT-DoP
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001,
14 September, 2022

1. All Chief Postmasters General,
2. Chief General Manager, PLI Directorate
3. Director, RAKNPA, Ghaziabad
4. Directors of All PTCs

Subject:- Reservation in promotion to Persons with Benchmark Disabilities (PwBDs) – clarification thereon – reg.

Madam//Sir,

I am directed to refer to this Directorate letter of even number dated 03rd June, 2022 vide which DoP&T OM No. 36012/1/2020-Estt. (Res.-II) dated 17.05.2022 on the subject “Reservation in promotion to Persons with Benchmark Disabilities (PwBDs)” was circulated to all the concerned.

2. As the DoP&T ibid OM dated 17.05.2022 had no specific mention of date of implementation of reservation in promotion, the matter was referred to DoP&T vide this Department ID Note No. SC-12/9/2022-SCT-DoP dated 19.07.2022.

3. DoPT furnished the clarification vide their ID Note No. 36035/4/2021-Estt.(Res.) dated 01.08.2022 inter-alia stating that “No retrospective date for implementation has been mentioned in the OM. Hence it is effective from the date it has been issued.” DoP&T further clarified that in different services, vacancy year starts from different dates and Department of Posts may take a decision in this regard keeping in view the clarification furnished above.

4, In Department of Posts, vacancy year is observed from 1st January to 31st December. Calculation of vacancies for all cadres is completed on 1st January and is further divided into different quota like Direct Recruitment (DR) and promotion including Limited Departmental Competitive Examination (LDCE). Vacancy for DR quota must have been informed to different agencies by now and LDCE for Postal Assistant/ Sorting Assistant/ Postman/ Mailguard/ MTS has already been conducted.

5. Therefore, in view of the clarification received from DoP&T and with the approval of the Secretary (Posts), it has been decided that the prospective vacancy year for implementation of the ibid DoPT OM dated 17.05.2022 would be the year 2023, i.e. reservation in promotion for PwBDs in accordance with DoP&T ibid OM dated 17.05.2022 will be implemented prospectively from the vacancy year 2023 starting w.e.f. 1st January, 2023.

Yours faithfully,

(Tarun Mittal)
Assistant Director General (PE-I & SCT)

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Latest DoPT Orders 2022

No.36012/16/2019-Esttt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Date: 12th April 2022

Office Memorandum

Subject: Reservation in promotions – procedure to be followed prior to effecting reservations in the matter of promotions by all departments of the Central Government.

The undersigned is directed to bring to your notice the judgement dated 28.01.2022 of the Supreme Court of India in the case of Jarnail Singh and Ors. V. Lachhmi Narain Gupta and Ors. (Civil Appeal No. 629 of 2022 arising out of SLP (C) No. 30621 of 2011) and other connected matters. Pursuant to this judgement, the Ld. Attorney General for India has rendered his considered opinion in the matter.

2. In the judgement dated 28.1.2022, the Supreme Court has set out the conditions that are to be satisfied by the Government for the purpose of implementing the policy of reservation in promotions. These conditions are :

• (i) Collection of quantifiable data regarding inadequacy of representation of Scheduled Castes and Scheduled Tribes;
• (ii) Application of this data to each cadre separately; and
• (iii) If a roster exists, the unit for operation of the roster would be the cadre for which the quantifiable data would have to be collected and applied in regard to the filling up of the vacancies in the roster.

This judgement currently holds the field.

3. All the Ministries/Departments are required to ensure that the above conditions are complied with before implementing the policy of reservation in promotions and carrying out any promotions based thereon.

4. For this purpose, all Ministries/Departments are also required to ensure the following:

• (a) In terms of DoPT OM No.43011/153/2010 -Estt (Res.) dated 4.1.2013, the Liaison Officer shall ensure that the reservation rosters are strictly maintained as per the instructions/ guidelines, laid down in DoPT OM No. 36012/2/96-Estt (Res.), dated 2.7.1997.
• (b) In order to ensure maintenance of efficiency of administration, the DPC shall carefully assess the suitability of the officers, being considered for promotion.
• (c) The Appointing Authority shall issue the appointment/ promotion orders only after satisfying itself that the conditions mentioned in paragraph 2 and sub-para (a) & (b) of this paragraph have been fully complied with.5. Since the Jarnail Singh batch of cases is 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.

6. All Ministries/Departments are requested to urgently bring these – instructions to the notice of all their attached/subordinate offices as also the Public Sector Undertakings and Statutory Bodies etc. for adherence and strict compliance.

(Sandeep Saxena)
Deputy Secretary to the Govt. of India

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MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
[Department of Empowerment of Persons with Disabilities (Divyangjan)]

NOTIFICATION

New Delhi, the 4th January, 2021

No. 38-16/2020-DD-III.– Whereas Section 33 of the repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter, after referred to as repealed Act) provided for reservation of not less than 3% for persons with disabilities in the three categories namely, (i) locomotor disability including cerebral palsy, (ii) visual impairment (low vision & blindness) and (iii) hearing impairment.

2. And whereas, section 32 of the repealed Act mandated the appropriate Government to identify posts to be reserved for persons with disabilities and review such list at periodic interval not exceeding three years.

3. And whereas, in pursuance of the above provisions of the repealed Act, the Central Government last notified the list of posts suitable for persons with disabilities through notification No. 16-15/2010-DD-III dated 29th July, 2013.

4. And whereas, the Ministry of Social Justice and Empowerment, Government of India, in pursuance of the provisions of sections 32 and 33 of the repealed Act (since repealed on 15.06.2017) had constituted an Expert Committee on the 19th November, 2015 under the chairpersonship of the Secretary, Department of Empowerment of Persons with Disabilities to review the list of Central Government posts identified suitable for Persons with Disabilities. Copy of the said order is at Annexure-A.

5. And whereas, the Expert Committee met on the 9th December, 2015 and decided that one Sub-Committee should be constituted for each of the category of disabilities which are provided reservation under section 33 of the said repealed Act and accordingly, following three Sub-Committees were constituted, namely:

i. Sub-Committee for locomotor disability
ii. Sub-Committee for hearing impaired
iii. Sub-Committee for visually impaired

6. And whereas, the Central Government notified the Rights of Persons with Disabilities Act, 2016 (hereinafter referred as “the Act”) which inter-alia under sub-section (1) of section 34 extended the benefit of reservation to persons with benchmark disabilities in th new category of (i) autism, specific learning disability, mental illness and intellectual disabilities and (ii) multiple disabilities amongst the various categories mentioned in the said section of the Act.

7. And whereas, Section 33 of the said Act mandates the appropriate Government to constitute expert committee for identification of posts suitable for persons with benchmark disabilities and accordingly, following two sub-committees were further constituted to take care of identification of posts suitable for new categories included under the Act, namely; (i) Sub-Committee for autism, intellectual disabilities, specific learning disability and mental illness, and (ii) Sub-Committee for multiple disabilities.

8. And whereas, all the Sub-Committees reviewed the posts notified through notification No.16-15/2010-DD-III dated the 29th July 2013, and submitted their reports and the Expert Committee considered the reports of the Sub-Committees in its meeting held on 19th November 2019, finalized its recommendations and submitted its report to the Central Government for consideration.

9. Now, therefore, in exercise of powers conferred upon section 33 of the said Act and based on the recommendations of the Expert Committee, the Central Government hereby notifies the gist of the report, which is at Annexure-B and the list of Central Government posts in Group A, B, C and D identified suitable for persons with benchmark disabilities which is at Annexure-C for information and further necessary action by all cadre controlling authorities in the Central Government.

10. The said list supersedes the list of posts for Groups ‘A’, ‘B’, ‘C’ and ‘D’ notified through notification No. 16-15/2010-DD-III dated 29th July, 2013.

List of Posts Identified Suitable for Persons with Benchmark Disabilities – PIB

Note 1: Persons with benchmark disabilities require aids and assistive devices to overcome their difficulties. The aids and assistive devices may be provided to persons with benchmark disabilities on their appointment keeping in view their requirement as per the instructions of DoPT issued from time to time.

Note 2: The list of posts being notified is only indicative and not an exhaustive list. If a post is not mentioned in the list, it is not to be construed that it has been exempted. Central Ministries, Departments, Autonomous Bodies, Public Sector Undertakings may further supplement the list by adding to the list of posts identified for respective category of disability.

Note 3: If a post is already held by a person with benchmark disability, it shall be deemed to have been identified for that category of benchmark disability.

Note 4: If a post is identified in the feeder grade, all the posts in the promotional grade should also stand identified.

Note 5: If a post having identical nature and place of job with respect to any identified post, the post should be construed to be identified even if the post has a different nomenclature and/or is placed in a different group.

Note 6: This list will be the principal list in respect of the posts identified suitable for persons with benchmark disabilities. However, in case a list of post is separately identified by any Central Government establishment, the list having wider range of identified categories (i.e. having more sub-categories under each category) would prevail.

Note 7: In case a post is identified suitable for more than one sub-category under a broad category, individual Central Ministries or Departments or Public Sector Undertakings or Autonomous Bodies should conduct recruitment for all the sub-categories and cannot suo-moto choose one particular sub-category for appointment.

Note 8: It is for the Central Ministries or Departments or Public Sector Undertakings or Autonomous Bodies to verify the authenticity of the certificate of disability and examine suitability of the candidate in terms of functional requirements before appointment against any identified post.

Note 9: In the event of discrepancies in the English and Hindi versions of this Notification, English version shall prevail over the Hindi version.

Dr. PRABODH SETH, Jt. Secy

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Press Information Bureau
Government of India
Ministry of Social Justice & Empowerment

Dated: 15 JAN 2021

Government Notifies the List of Posts Identified Suitable for Persons with Benchmark Disabilities

The Department of Empowerment of Persons with Disabilities on 4th January 2021 notified 3566 posts in Central Government establishments as suitable for persons with benchmark disabilities (disability of 40% and above) under the Rights of Persons with Disabilities Act, 2016.

These posts include 1046 in Group A, 515 in Group B, 1724 in Group C, and 281 in Group D posts. Posts have also been identified suitable for new categories of persons with disabilities such as dwarfism, acid attack victims, muscular dystrophy, autism spectrum disorder, intellectual disability, specific learning disability, mental illness, and multiple disabilities have been added. This list is not an exhaustive one and Central Ministries/ Department/ Autonomous Bodies and Public Sector Undertakings may further supplement. This notification will broaden the scope for employment for persons with benchmark disabilities in Government establishments.

A list of 2973 posts identified suitable for persons with benchmark disabilities was last notified on 29.07.2013 in terms of the repealed Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995. As compared to the earlier notified list, 593 new posts have been added.

CPAO – Submission of Life Certificate by NPS-AR pensioner through Jeevan Pramaan

The list of posts notified by the Central Government on 04.01.2021 is based on the recommendations of an expert committee constituted under the chairpersonship of the Secretary, Department of Empowerment of Persons with Disabilities and consisting experts, persons with benchmark disabilities, and representatives from various associations of persons with disabilities.

Details of the list are available on the website of the Department. Notification is also available on http://egazette.nic.in/.

Source: PIB News

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Posted On: 07 FEB 2018 1:15PM by PIB Delhi

No centralized data regarding number of candidates belonging to the Other Backward Castes stated to have been deprived of reservation benefit for appointment to posts under Central Government due to their coming under creamy layer is maintained. There is no reservation in promotion for Other Backward Classes.

At present, there is no proposal under consideration to determine creamy layer for the candidates of general category. The 9 Judge Constitutional Bench of Supreme Court in the case of Indra Sawhney has inter-alia held that “a backward class cannot be determined only and exclusively with reference to economic criterion. It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion”.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Dr Jitendra Singh in a written reply to a question in the Lok Sabha today.

PIB

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IMPORTANT SUPREME COURT JUDGEMENT – WITH EFFECT FROM 10.02.1995

RESERVATION IN PROMOTIONS SHOULD BE ROSTER POINT BASED (TOTAL NUMBER OF POSTS SHOULD BE THE BASIS FOR WORKING OUT NUMBER OF POST TO BE EARMARKED FOR EACH CATEGORY IN THE CASTE – WISE RESERVATION ROSTER) AND NOT VACANCY BASED.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 4751-4752/2011

V. LAKSHMIKANTHAN AND ANR.

APPELLANT(S)

VERSUS

UNION OF INDIA AND ORS. ETC.

RESPONDENT(S)

J U D G E M E N T

KURIAN, J.

1. Though several contentions are raised in these appeals, finally the learned counsel for the appellants has come down to one submission, since according to him, he is entitled to succeed on that. That submission pertains to the direction in R.K. Sabharwal and Others v. State of Punjab and Others, (1995) 2 SCC 745, regarding post based roster in the matter of promotions. It was made clear in R.K. Sabharwal (supra) that 10.02.1995 shall be the date for the purpose of following the post based roster. It appears, the Respondent No.2 was still not following the same which led to the decision in Union of India and Ors. v. Virpal Singh Chauhan and Others, (1995) 6 SCC 684. In paragraph 33 in Virpal Singh Chauhan (supra) it was made clear that the Railways

has to follow the principles as laid down in R.K. Sabharwal (supra). Paragraph Nos. 29 and 33 of the same are extracted below:

(Click Here to the View)

Source: Confederation

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The DoPT Minister replied in Parliament, while answering a question about the stand of Central Government on reservation in promotion cases involving Central Government employees as follows…

“The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government. As on 1.1.2013, the representation of SCs and STs was 17.55% and 7.72% respectively.

The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservation in promotion.

In order to provide impediment free reservation in promotion to SCs and STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M.Nagaraj case is under examination.”

Authority: Rajya Sabha Q&A

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Reservation in promotion or in services to women employees in Central Government services..?

The question has been raised by the member of Parliament Shri.Wakchaure Bhausabeb Rajaram, the concerned minister has replied that there is no proposal to give reservation to women in services or in promotion.

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Shri. V. NARAYANASAMY said in the Parliament, ‘women are provided equal opportunity in the matter of employment under the Government. Some special facilities like maternity benefit, child care leave, child adoption leave, crèche facility for children, posting of husband and wife at the same station as far as possible, special priority in allotment of residential accommodation etc. are provided to the women employees to encourage them to join Government service. However, at present, there is no proposal to give reservation to women in services or in promotion’.

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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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