Services rules regarding seniority (central government)

has a formal and detailed representation given to the deptt.

As pointed out by Mr.Sudhir Kumar, exhaust the internal remedies first.

sir,
i appointed as Sub-Inspector of Armed Police in sept/2010 and belong to general category candidate. As per RR the eligibility for promotion to inspector is 3 yrs continous service as SI. The cadre strength of inspector is 12. and as per state reservation policy it is 80:20 (ST:General). Hence in the cadre of 12 only 2 post is for general candidate.
The 1st DPC for promotion  was held on 2011 where 10 post were filed from ST candidate, due to non availability of eligible general candidate its slot was not filed. subsiquently the 2nd DPC was held in 2012 where also due to non eligibility of  general candidate it was kept vacant mentioning that 2 slot will be filed up on availability of general candidate in their turn. but in the third DPC held in 2013 2 slot were filed from ST candidate as still no general candidate were eligible ie continuous 3 yrs service as SI. 
finally 4th DPC was held on 2014 where I along another general candidate completes 3 years as SI. we submitted a representation to the deptt for considering our case for the promotion, but the deptt turned down citing us as junior to STs.
we referred the principle of Post Based Roster but our representation was turned down on seniority basis.
in the present cadre 100% post of inspector are occupied by STs and Post based Roster advocates for maintenance of prescribed reservation percentage which is 80:20. 
please advice whether as per post based roster i am eligible for the promotion.    

reservation beyond 50-% is illegal as per Indira Swahney judgement.

Clarification on Examination, Merit List, Selection, Recommendation and Seniority of selected candidates through Govt. recruiting agencies/UPSC :

(1) What is the overall process of recruitment by recruiting agencies/UPSC ?

(i) Examination (Interview / written test & Interview)
(ii) Merit List
(iii) Selection
(iv) Recommendation.

(2) What is Examination ?

Commission conducts Examination  through written test and interview or sometime interview only.

(3) What is Merit list?

After personality test, candidates will be arranged in the order of merit as determined by the aggregate marks finally awarded to each candidate.  This is termed as "Merit list".

( Ref. UPSC Circular No.8/32/2011-R(C&P) dated 3.11.2011 , Civil Services Examination Rules, Engineering Services Examination Rules)

(4) What is selection?

Commission conducts selection of candidates by placing them in Main list and Reserve list/Waiting list .

(i) After merit list was prepared, commission  recommends the candidates with respect to numbers of  unreserved vacancies(UR) purely on Merit basis i.e in order of aggregate marks.
For filling up the above said  unreserved vacancies(UR),  commission recommends all categories candidates , General , SC, ST, OBC  purely on Merit/marks basis, without any relaxation.

(ii)After that,  commission recommends the  reserve categories belongs to  SC ,ST and OBC candidates  against numbers of  reserve vacancies by relaxing general qualifying standard.

Please note, the reserve categories candidates, belongs to SC,ST, OBC,  who have not avail any relaxation,  have scored general qualifying marks will not be recommended against vacancies advertised for reservation of SC, ST, OBC.

(iii) Further, commission  maintains a reserve list/waiting list of candidates which will include candidates from general and reserved categories ranking in order of merit below the each category's  last recommended candidate

(5) What is recommendation? 

Commission recommends the candidates against the number of vacancies category wise ( through main list) and then from reserve list/waiting list against the non joining candidates of the respective categories.

(6) Is Selection and recommendation have  same meaning?

Ans : No.

Because all the candidates selected in selection process will not be recommended . As example,  few candidates of Reserve panel may not be recommended when no more vacancies ,due to non joining of candidates, be created latter on.

(7) All the selected  candidates were recommended or not?

Ans :  No.

Few candidates  selected and were placed reserve list may not be recommended if no more vacancies due to nonjoining of main list latter created. Sometimes,  court order against a candidate/category and also antecedent issue , selected candidate/candidates may not be recommended.

(8) Is Main list earlier selection and Reserve list is latter selection?

Ans : No.

Reserve list/Waiting list got already  selected with Main list. But reserve list was not published out to public at that time. It is operated on receipt of formal request from Department/Ministry. Hence, all the candidates of main list and reserve list are from same selection.

(9) How seniority are fixed of all the recommended candidates?

Seniority will be determined in order of merit in a selection i.e  in order of aggregate marks finally awarded to the candidates.

(10) Can Waiting list candidates have better seniority than main list?

The inter se seniority of the  candidates of main list and reserve list/waiting list will be determined based on the aggregate marks of the candidates revealed by UPSC. For example,  General category candidates having higher marks than main list reserve categories belongs to SC ST OBC, will be placed higher in seniority  as per their merit positions. Hence, seniority list of all the candidates including reserve list/ waiting list will be prepared in order of marks.

(11) Is seniority of a candidate dependent on order of recommendation by commission?

Ans. No.

Recommendation of candidates in a selection dependent on various factors, like vacancies of a category, antecedent issue, even some time court cases against a candidate, court case on a  category ( UR SC ST OBC) . Only Merit/ Marks are yardstick of seniority of the candidates in a particular selection.

(12) Will the vacancies filled up by the reserve  list/ waiting list  be treated as fresh vacancies??

Ans: No

Vacancies, caused by non - joining of the candidates, which were  filled up by reserve list should not be treated as fresh vacancies.
(Ref . DoPT OM No. 41019/18/97-Estt.(B) dated 13th June 2000).



 

Honorable CAT, Principal Bench, New Delhi to the O.A. No.1776/2020, Petition filed by Pallavi Gupta. Honorable CAT, Principal Bench, New Delhi to the OA No. 130 of 2020, Petition filed by Sunil Rathee. Both instructed the Ministry of Civil Aviation to revise seniority list and fix the seniority of all the candidates irrspective of Main list and Waiting list/reserve panel as per Marks secured in the selection/examination.

Honorable CAT, Principal Bench, New Delhi to the  O.A./1715/201708/05/2017, filed by KRISHNA MURARI. instructed ESIC  to revise seniority list and fix the seniority of all the candidates irrspective of Main list and Waiting list/reserve panel as per Marks secured in the selection/examination.

Honorable CAT, Bangalore  Bench, O.A./698/2019 case filed by  RAMIREDDY GANGIREDDY  and  O.A./920/2019, Case filed by Kiran B. 

Both instructed the ESIC to revise seniority list and fix the seniority of all the candidates irrspective of Main list ,  Waiting list/reserve panel , date of joining as per Marks secured in the selection/examination.

Originally posted by : Divyanshu

1) in December 2009 UPSC published an advertisement for recruitement of a certain post with 6 vacancies, 3 General, 1 SC, 2 OBC

2) Later after conduting interview UPSC declared the following Merit List

 i) Candidate A (Gen)  - Marks Obtained 47

ii) Canbidate B (Gen) - Marks Obtained 44

iii) Candidate C (Gen) Marks Obtained 43

iv) Candidate D (OBC) Marks Obtained 41

v) Candidate E (OBC) Marks Obtained 40

vi) Candidate F (SC) Marks Obtained 36

Candidate B, E & F never joined the service, and Candidate A joined but resigned after  3 months of services, The concerned department asked UPSC to apoint the candidate from Reserve List / Waitlist 

as a result I (Candidate G, GEN, Marks obtained 42) was recommended by UPSC and after due process of medical, security clearance etc, i joined the service.

Now only three Candidates are working in Department i.e. Candidate C (Gen, Marks 43) Candidate D (OBC, Marks 40) and Candidate G (Gen, Marks obtained 42)

The question is how the seniority of these three candidates should be determined, as per the draft Seniority list issued by department it's

1) Candidate C

2) Candidate D

3) Candidate G

Inspite of the fact that i, Candidate G, Have obtained more marks compared to Candidate D

Kindly advice if i should approach Hon CAT?

Some similar cases & OM's

 

https://indiankanoon.org/doc/81992719/

https://persmin.gov.in/DOPT/Seniority_Instructions_Guidelines/Seniority_Instructions_Guidelines_Page_68_69.pdf

 

 

 

Given facts indiate that candidate with 42 marks will be serniot to candidate with 41 marks.  The draft sernioiryt list if circulated hsall have to be challenged immediately failing which chance is lost.