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Showing contexts for: post based roaster in Shri Jagat Ram vs Social Welfare Department on 25 May, 2009Matching Fragments
The matter, in short, is that the Govt. of India had introduced 100 point vacancy- based roaster for recruitment and promotion in its establishments. Later on, the Govt. of India introduced 200 point post-based roaster on 2.7.1997. In the new system, 7th, 14th, 20th vacancies etc are required to be filled up by SC candidates. The appellant is a Field investigator in the Labour Department of U.T. Chandigarh. There are only two posts each of Labour Inspector of Grade-I & Grade -II. The appellant is already getting salary higher than that of Labour Inspector Grade -II. If promoted, he will get the scale of Labour Inspector Grade-I. The question that he has posed is whether he is eligible for promotion as Labour Inspector Grade-I as per newly introduced post-based roaster system against the existing vacancy of Labour Inspector Grade-I.
2. It is the submission of Shri Gian Chand that the promotions are to be regulated by the post-based roaster. He has produced before me Swami's compilation on Reservations & Concessions, page 11 whereof contains the model roaster of reservation with reference to posts. According to Shri Gain Chand, only the 7th post in the roaster would go to an SC candidate.
3. On the other hand, Shri Jagat Ram has drawn the Commission's attention to O.M. No. 36012/2/96-Estt.(Res) dated 2.7.1997 in which, it is, interalia mentioned as follows:-
"The court further held the vacancy based roasters can operate only till such time as the representation of persons belonging to the reserved categories in a cadre reaches the prescribed percentage of reservation".
It is the appellant's submission that the backlog of vacancies in a given cadre can not be ignored and must be the takenin to consideration while determining whether a particular vacancy should go to General Category or SC Category.
4. To this Shri Gian Chand would draw Commission's attention to the fact that he had sought clarification from the MHA, which, vide their letter dated 6.10.2004, had advised that " Backlog reserved vacancy should be determined on the basis of post based roaster introduced by Department of Personnel & Training OM dated 2.7.1997".