The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-
“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from ‘reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits..”.
Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-
“Heard learned counsel for the parties, Learned ASG has referred to order dated 17.05.2018 in SLP(C) No.30621/2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP (C) No.30621 of 2011.”
Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.
The respective cadre controlling authorities carry out promotions and data on persons promoted, etc. are maintained by them.
This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.
No Proposal for Removal of Creamy Layer for OBCs
The Government has implemented the ‘creamy layer’ concept in pursuance of the Hon’ble Supreme Court’s order in the case of Indra Sawhney and others etc. vs. Union of India and others [(Civil) No. 930/1990]. At present, there is no proposal in the Ministry of Social Justice and Empowerment for removal of Creamy Layer.
The Government has constituted a Commission on 2nd October 2017 under article 340 of the Constitution to examine the sub-categorization of Other Backward Classes. The Commission commenced functioning with effect from 11.10.2017 i.e. the date of assumption of charge by the Chairperson. There has been no delay in constituting the panel.
Certain States including Andhra Pradesh and Telangana have introduced sub-categorization within Other Backward Classes reservation quota. The sub-categorization adopted by these States is being studied by the Commission for Other Backward Classes to examine the issues of sub-categorization of Other Backward Classes in the Central List.
This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.
