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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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)

DOWNLOAD COMPENDIUM OF INSTRUCTIONS ON RESERVATION IN APPOINTMENTS UNDER THE CENTRAL GOVERNMENT PDF

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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))

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Promotions in secretary CSS grades are reserved for persons with benchmark disabilities (PwBDs)

No. 5/13/2022-CS.I(U)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003.
Dated: 10.06.2022

Office Memorandum

Subject: Reservation to Persons with Benchmark Disabilities (PwBDs) in promotions under secretary grade of CSS – reg.

The undersigned is directed to refer to this Department’s OM No. 36012/1/202- Estt. (Res-II) dated 17.05.2022 on the above subject.

2. The categories of Benchmark Disability identified as suitable for the posts under secretary of CSS in terms of Department of Empowerment of Persons with Disabilities Notification dated 04.01.2021 are as under:

Note: The abbreviations used are as given in the Notification dated 04.01.2021.

3. Accordingly, in continuation to this Department’s O.M No.5/12/2022-(CSIU) dated, the Ministries/Departments of Government of India who are participating in CSS are requested to provide urgently the detailed information of Under Secretary (ad-hoc) and Section Officers (SOs) of CSS, who belong to persons with Benchmark Disabilities (PwBDs) category in the following format:

Ministry/Department :

4. The above information, complete in all respects along with a copy of disability certificate issued by a competent authority in respect of the officer(s) concerned, may be provided urgently to this Department latest by 15.06.2022 to the undersigned or at uscs1-dopt@nic.in. This information is required urgently for completing the preparatory activities for US SL 2021 and onwards.

5. This may be assigned TOP PRIORITY.

(Bhagirath Jha)
Under Secretary to the Govt. of India

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Reservation to Persons with Benchmark Disabilities (PwBDs) in promotions in various grades of CSSS

(Web Circulation)

No. 3/16/2022-CS.II(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003.
Dated: 11.06.2022

Office Memorandum

Subject: Reservation to Persons with Benchmark Disabilities (PwBDs) in promotions in various grades of CSSS – reg.

The undersigned is directed to refer to this Department’s OM No. 36012/1/202- Estt.(Res-II) dated 17.05.2022 on the above subject.

2. The categories of Benchmark Disability identified as suitable for the posts under CSSS in terms of Department of Empowerment of Persons with Disabilities Notification dated 04.01.2021 are as under:

Note: The abbreviations used are as given in the Notification dated 04.01.2021.

3. In this Connection, the Ministries/Departments of Government of India, who are participating in CSSS, are requested to provide urgently the detailed information of Stenographer Grade TY, Personal Assistant, Private Secretary, Private Secretary (ad-hoc), Principal Private Secretary (ad-hoc) of CSSS, who belong to Persons with Benchmark Disabilities (PwBDs) category, in the following format:

Ministry/Department :

4. The above information, complete in all respects along with a copy of disability certificate issued by a competent authority in respect of the officer(s) concerned, may be provided urgently to this Department latest by 15.06.2022 to the undersigned at bhagirathjha.68@nic.in. This information is required urgently for completing the preparatory activities for SLY 2021 and onwards.

5. This may be assigned TOP PRIORITY.

(Bhagirath Jha)
Under Secretary to the Govt. of India

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DPE-GM-/0043/2014-GM (FTS-1899)
Government of India
Ministry of Finance
Department of Public Enterprises

Public Enterprises Bhawan,
Block No.14, C.G.O. Complex,
Lodhi Road, New Delhi-110 003.
Dated: 28th April, 2022

Office Memorandum

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

In terms of DPE OM No. 20(10)/99-DPE-GM-Part-204-FTS-157 dated 25.02.2015, all the instructions as issued by concerned policy making Department of Government in respect of reservations to SC/ ST/ OBC/ Disability & Ex-servicemen are to be taken as mutatis mutandis extended to all the CPSEs concerned unless specifically specified otherwise by DPE. Accordingly, the undersigned is directed to forward an OM No. 36012/16/2019-Estt. (Res.) dated 12.04.2022 received from DoPT on the subject mentioned above and to request to all the administrative Ministries/Departments of CPSEs to bring it to the notice of CPSEs under their administrative control for necessary action and compliance.

Pavanesh Kumar Sharma
Dy. Secretary to Government of India

Encl: As above. 

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Latest DoPT Orders 2022

F. No. 25/1 1/2022-CS.II(B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
CS.II(B) Section

3th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated: 18th April, 2022

Subject: Confirmation of inadequacy of representation of SC and ST in consonance with O.M. No. 36012/16/2019-Estt.(Res.) dated 12.04.2022-reg.

The undersigned is directed to refer to this Department’s O.M. No. [2/2/2020-CS.II(B) dated 03.09.2021 and O.M. No. 13/1/2020-CS.II(B) dated 24.01.2020 followed by corrigendum dated 29.01.2020 vide which the cadre units were requested to provide vacancies for UD Grade LDCE, 2018 to 2020 and LD Grade LDCE, 2019 to 2020(copies enclosed).

2. Recently, this Department has issued an O.M. No. 36012/16/2019-Estt.(Res.) dated 12.04.2022 (copy enclosed) with regard to procedure to be followed in proving reservation in promotions.

3. In view of the above guidelines on reservations in promotion, the Cadre Units of CSCS [Annexure-I] are requested to confirm whether the information provided to this Division in response to the above mentioned O.Ms. dated 03.09.2021 and 24.01.2020/29.01.2020 is in conformity with O.M. No. 36012/16/2019-Estt.(Res.) dated 12.04.2022. If not, the cadre units are requested to provide the required information in conformity with the O.M. dated 12.04.2022 to this Division through email (chowdhury.r13@nic.in) latest by 30.04.2022. The cadre units, who have not yet submitted the information in response to the O.Ms. dated 03.09.2021 [Annexure-II] and dated 24.01.2020 / 29.01.2020 [Annexure-III] mentioned in para-| above, are requested to expedite the information in conformity with the latest reservation guidelines by 30.04.2022.

(P.Bairagi Sahu)
Deputy Secretary to the Govt. of India

Download Reservation in promotion for SC/ST DoPT Order

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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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