Reservation in Promotion : No ban, carry out promotions in accordance
with the directions of the Hon’ble Supreme Court based on existing
seniority/select lists - DoP&T
F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section
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North Block, New Delhi
Dated June 15, 2018
Dated June 15, 2018
OFFICE MEMORANDUM
Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding
The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No.
28306/2017 has decided to refer to a Constitution Bench to examine
whether its earlier decision in M. Nagraj and others vs. Union of India
and others requires reconsideration or not, inter alia, on the issue as
to whether test of backwardness would, at all, apply in case of SC and
ST.
2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:
“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits. .............."
3. Further, in the matter related to SLP(C) No. 31288/2017, connected to
Special Leave to Appeal (C) No. 28306/ 2017, the Hon’ble Supreme Court
held as under on 05.06.2018:
"Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”
4. The cadre controlling authorities of Central Government Ministries,
Departments and Union Territories are to carry out promotions in
accordance with the directions of the Hon’ble Supreme Court mentioned in
paragraphs 2 and 3 above based on existing seniority/select lists.
5. Every promotion order must clearly mention the stipulation that the
promotion shall be subject to further orders which may be passed by the
Hon’ble Supreme Court.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.
7. State Governments are also advised to take necessary action in
accordance with the above mentioned orders passed by the Hon’ble Supreme
Court.
(G. Srinivasan)
Deputy Secretary to the Government of India
Deputy Secretary to the Government of India
Tel. : 2309 3074