Lok Sabha Question No. 217 (STARRED), answered on 2018-08-01
Subject: Promotional Benefits to SC/ST Employees
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: BHAGIRATH PRASAD

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA STARRED QUESTION NO. 217

(TO BE ANSWERED ON 01.08.2018)

## PROMOTIONAL BENEFITS TO SC/ST EMPLOYEES

## *217. DR. BHAGIRATH PRASAD:

Will the PRIME MINISTER be pleased to state:

- (a) whether  it is a fact that  relaxation  in  qualifying  marks/assessment  standards  for promotion  of  SC/ST  employees  was  withdrawn  by  the  Department  of  Personnel  and Training (DoPT) vide Office Memorandum (OM) dated 22.07.1997 and if so, the details thereof;
- (b) whether  it  is  also  a  fact  that  the  Supreme  Court,  in  its  judgement  on  Civil  Appeal  of Rohtas Bhankhar & Ors. V/s Union of India has declared DoPT's OM dated 22.7.1997 as illegal and if so, the details thereof;
- (c) whether the Government has restored promotional benefits to all SC/ST employees who were adversely affected by the said OM;
- (d) if so, the details thereof and the action taken by the Government to restore promotional benefits to all SC/ST employees affected by that OM; and
- (e) whether the Government has decided to implement the Supreme Court judgement only in CSS SO Grade Exam, 1996 without consequential promotions, if so, the details thereof and the reasons for delay in implementation of the judgement of the Apex Court?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a) to (e): A statement is laid on the table of the House.

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## Statement referred to in reply to parts  (a) to (e) of Lok Sabha Starred Question No.217 to be answered on 01.08.2018 regarding promotional benefits to SC/ST employees

- (a): Yes, Madam. Hon'ble Supreme Court in S.Vinod Kumar judgment of 1.10.1996 held that no relaxation of standards in promotion is permissible. To implement this judgment, Department of  Personnel  and  Training  issued  Office  Memorandum  No.36012/23/96-Estt.(Res.)  dated 22.07.1997 withdrawing benefit of  lower qualifying marks for SC/ST candidates which were available in departmental competitive examinations for promotion.
- (b): Yes, Madam. The Hon'ble Supreme Court in Civil Appeal Nos.6046-6047 of 2004 titled Rohtas Bhankhar & Others Vs Union of India and another, dated 15.7.2014, directed as under:
- ' 11. Consequently,  civil  appeals  are  allowed.    The  impugned  order  is  set  aside. 1997 O.M. is declared illegal. The respondents are directed to modify the results in the Section Officer/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996 by providing for reservation and extend all consequential reliefs to the appellants, if not granted so far…..'
- (c) to (e): Since the judgment of 15.07.2014 was specific to 1996 Section Officers/Stenographers  (Grade  B/Grade  I)  Limited  Departmental  Competitive  Examination,  it was decided to  extend  benefits,  including  consequential  benefits,  to  all  appellants  and  also  to similarly  placed  SC/ST  candidates,  who  appeared  in  1996  examination.  Accordingly,  in July/September 2015,  thirty two of those eligible officers were provisionally interpolated with reference to their immediate junior officers in Under Secretary Select Lists for the years 2006 and 2007  and were also allowed admissible pay benefits as per rules.  However, their promotion to  Deputy  Secretary  grade,  which  was  held  up  due  to  various  court  cases  on  reservation  in promotion matter,   is now under process.

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