Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Promotion-Reservation for SC/ST- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Service Law: Promotion-Reservation for SC/ST-Whether there could be reservation in favour of SC/ST in promotion by selection to Class-I posts when there is no specific order, rule or Memorandum-Whether Forty Point Roster be applied to carry out the rule of reservation in the absence of such rule or reservation-Held there is no reservation in favour of SC/ST but they are entitled to concessions contained in the Office Memorandum.The Ministry of Home Affairs provided reservation at 12% and 5% of the vacancies for Schedule Caste/Schedule Tribe candidates in Class-III & IV posts filled by promotion to grades or service. This policy was revised providing promotion by selection from Class-II to the lower range or category in Class I. The procedure prescribed was that in the case of eligible Schedule Caste/Schedule Tribe Candidates, the grading given to them shall be upgraded by one stage. This concession was confirmed to only 25% of the total vacancies in particular grade or post filled in a year, and the ST/SC employees who are senior enough in the zone of consideration as to be within the number of vacancies, and who are not considered unfit for promotion should also be given one grading higher than assignable to them on the basis of their record of service and their place in the select list determined on the basis of this higher categorization.The said orders were supplemented by providing certain concessions and/facilities to S.C/S.T. Officers who are senior enough in the zone of consideration for promotion. Facilities provided included special training, advice and guidance. The said order was to take effect from the date of issue of the Memorandum. These concessions would be available to the SC/ST officers in Public Sector/Financial Institutions in promotions by selection to posts within the officers cadre up to scale-III.The Association of Schedule Caste/Schedule Tribes employees working in several Public Sector Banks filed writ petitions before the Supreme Court for -Implementation of reservation policy by maintaining the roster system and also for a direction to fill up the back log of unfilled vacancies since 1978 by applying the carry forward rule in all grades and scales with consequential benefits. The transfer petition and Contempt Petition also relate to the same issue. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 182 |
Petitioner | National Federation Of S.b.i. And Ors. Etc. |
Respondent | Union Of India And Ors. |
SCR | [1995] 2 S.C.R. 748 |
Judgement Date | 1995-03-10 |
Case Number | 896 |
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