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GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 3752
ANSWERED ON:  12.08.2015
Post Based Roster
UDIT RAJ
Will the Minister of



PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-


(a) the concept of post based roster and illustration along with its difference from vacancy based reservation roster;

(b) whether post based roster is being implemented in all the Central Government and State Government offices as per orders of the Department of Personnel and Training (DoPT) dated 2nd July 1997 and if so, the details thereof;

(c) if not, the details of list of offices and departments in the Central Government not using post based rosters on merit basis; and

(d) the measures taken by the Government to ensure that SC/ST candidates selected or promoted in general merit will not be counted against reserved seats?


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): As per the judgement dated 10.02.1995 of the Hon’ble Supreme Court in R.K. Sabharwal Vs. State of Punjab, reservation has to be with reference to posts and not vacancies. In compliance with this judgement, the post-based roster was introduced vide O.M. No. 36012/2/96-Estt.(Res) dated 02.07.1997.

A post-based roster is a mechanism to ensure that the reserved categories get their due share of posts upto the prescribed percentage of reservation for the concerned categories in line with the principles enunciated in the aforesaid judgement of the Supreme Court.

In the case of vacancy based rosters, reservation was determined on the basis of number of vacancies arising in a cadre. In case of post based roster, reservation is now determined on the basis of number of posts in the cadre.

Illustration of difference between both rosters is given at Annexure.


(b) & (c): The directives of the Hon’ble Supreme Court in the R.K. Sabharwal case are applicable to the Central Government as well as the State Governments. However, the services under the States come under the List- II i.e. ‘State List’ of the Constitution and it is for the respective State Governments to issue necessary orders/instructions to comply with the directives of the Hon’ble Supreme Court. Post based rosters are required to be maintained by all Ministries/Departments etc. Liaison Officers appointed in each Ministry/Department/Offices under Head of the Department are responsible for conducting annual inspection of the reservation registers/rosters maintained in the Ministry/Department/Offices under the Head of the Department with a view to ensuring proper implementation of the reservation orders.
(d): The Supreme Court in the matter of R.K. Sabharwal v/s. State of Punjab also held that reserved category candidates who are appointed/promoted in Government jobs on their own merit shall be adjusted against unreserved quota and reservation quota vacancy shall be filled in addition to the above. The Central Government has, as accordingly issued instructions in Para 11 of Annexure-I to O.M. No. 36012/2/96-Estt.(Res.) dated 02/07/1997.

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