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Ssc SOCIAL STUDY CIRCLE di (ESTD
1982) www.dalitindia.com ssc@dalitindia.com *********************************************************************** |
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January
25, 2001
Court Case cited to justify the issue of
the OM, and other Background Cases, Govt's Remedial
Actions
S.No.1
20011/1/96-Estt(D)
Dtd 30th Jan 1997 UOI vs Virpal Chauhan etc
Dtd 10th Oct 1995
Appeal in Railway Guards Case
Two Judges Bench of SC -
SC Agarwal, BP Jeevan Reddy JJs
And
RK Sabharwal vs State of Punjab 1995
Railway Guards Case, CAT Allahabad 1986
D Williams vs UOI, CAT Madras
GC Jain vs DRM C Rly, Madhya Pradesh HC 1986
MP Diwedi vs UOI, Allahabad HC 1981, 1983
JC Mallik vs UOI, Allahabad HC 1972
Remarks:
Seniority of
SCs&STs, in the higher grades, Promoted due to Reservations, will be
brought down, wef 10th Feb 1995, whenever a general candidate is promoted. Their seniority will be refixed every time,
according to their Seniority, fixed at the time of joining the Service. Thus, the SCs&STs will be made junior to
the general candidates, in view of the Observations by the Supreme Court
Constitution Bench on 10th Feb 1995, on the issue of Seniority
between SCs&STs Promoted under the Rules of Reservations and the general
candidates, while deciding a case of Reservations in Promotions SCs&STs
Promoted against Reserved Vacancies will hereafter not be in a position to
demand and extract work from those working under them, as they will one day
become seniors to the SCs&STs. This
adversely affects the functioning and efficiency of the Public Offices Nothing
has been done by the Govt, to Withdraw
this OM and Remedy the Damages already caused to the SCs&STs so far.
S.No.2
36012/2/96-Estt(Res)
Dtd 2nd July 1997
RK Sabharwal vs State of Punjab dtd 10th Feb
1995 Punjab Case
Five Judges Constitution Bench of SC - Kuldip
Singh, S Mohan,
MK Mukherjee, BL Hansaria, and SB Majumdar JJs,
And
Thomas vs State of Kerala 1976
JC Mallik vs Min of Railways Allahabad HC 1972
GM S Rly vs Rangachari 1962
Remarks:
Reservations
will be determined as per Post based Rosters, instead of the Vacancy based
Rosters, in use till the Judgement. A New Roster has silently been introduced,
Reducing the Percentage of Posts Reserved for, both the SCs&STs and the
OBCs, who have the benefits of Reservations today, adversely affecting their
Employment Opportunities Nothing has been done by the Govt, to Amend this OM,
to reintroduce the earlier Rosters that provided for Posts Reserved to
SCs&STs and OBCs, and General Posts alternatively, to ensure always the
accepted 50% Reservations in favour of SCs&STs and OBCs
S.No.3
36012/23/96-Estt(Per)
Dtd 22nd July 1997
Indira Sawhney vs UOI dtd 16th Nov 1992 Mandal
Case
Full Constitutional Bench of Nine Judges of SC
-
MH Kania CJI,
and MN Venkatachaliah,
AM Ahmadi, BP Jeevan Reddy, PB Sawant,
S Ratnavel Pandian, RM Sahai, Kuldip Singh,
and TK Thommen JJs
Remarks:
SCs&STs
will not get any Relaxations at the time of Promotions. In future they will not be Promoted on lower
Qualifying Marks, lower Standards of Evaluation, or lesser gradings in ACRs.
Very few SCs&STs will now get Promotions, since their seniors deliberately
give the SCs&STs very lukewarm Reports and Lower Gradings, to delay their
Promotions as much as possible The Eighty Eigth Constitution Amendment Bill of
1999, inserting Additional Provisions to Article 335, enables the Govt to Relax
Qualifying Marks in any Exam, or Lower the Standards of Evaluation for
Reservations in Promotions to Posts and Services the SCs&STs
S.No. 4
36012/18/95-Estt(Per)
Dtd 13th August 1997
Indira Sawhney vs UOI 1992 dtd 16th Nov 1992,
And
the Constitution 77th Amendment Act 1995,
Inserting Article 16 (4A)
Remarks:
Reservations
for SCs&STs in Promotions to continue, as before, in view of Article 16
(4A), beyond 15th Nov 1997. This is Contrary to the Letter and Spirit of the
Constitution Amendment, clearly facilitating Reservations in Promotions to All
Posts at Every Level in Every Department, where SCs&STs are not
represented.
Nothing
has been done by the Govt so far, to enable the Recruitment and Promotions of
SCs&STs to higher Levels, Posts and Services, where the Representations of
SCs&STs are Nil and or Very Poor.
S.No. 5
36012/5/97-Estt(Pers)
Dtd 29th August 1997
Indira Sawhney vs UOI 1992
dtd 16th Nov 1992
Remarks:
Reservations
should always be less than 50% of the Vacancies filled in a year/ at any time.
Affects adversely, both the SCs&STs and OBCs, who have Reservations in
Services. They will loose all the
Unfilled and Carried Forward Reserved Vacancies of the previous years.
Constitution Nintieth Amendment Bill 2000, inserting Sub-Clause 16(4B) enables
the Govt, to treat the Carry Forward Vacancies of a Year as a Separate Class,
to be filled in any succeeding year, without counting them along with the
Vacancies of the Current Year, affecting the 50% limit of Reservations to
SCs&STs and OBCs.
S.No. 6
36011/1/98-Estt(Res)
Dtd 1st July 1998
Nil
Remarks:
SCs&STs, who have
availed of any concessions like Relaxations in Age, Experience, Number of Chances
to take Exams, be counted only against Reserved Vacancies. They can not be considered against
Unreserved Vacancies, Even if the were appointed on selection and promotion by
their own merits. They will not be available for consideration against Unreserved
Vacancies. The SCs&STs and OBCs, who have the benefits of Reservations
today, will be very badly affected. This OM makes them eligible for being
appointed only against Reserved Posts and Vacancies. Wherever there is no
Reservation, the SCs&STs and OBCs can not be appointed to such posts. Hence the SCs&STs and the OBCs, can
never be promoted in future to any Post or Service or Cadre where there is No
Reserved Post, or where in Reservation is not applicable, if they had at any
time in their Service availed of any concession as a SC/ST or OBC.
This
is the most Dangerous of all the OMs, and has been issued by this Govt. Nothing
is being done by the Govt, to undo this most Dangerous OM, or Remedy the Damges
already done to the SCs&STs and also the OBCs.
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