(a) whether the vacancy based rosters can operate only
till the representation of persons belonging to the reserved
categories reaches the prescribed percentage of
reservation;
(b) if so, the categories of Class I, II, III and IV
where post based rosters have been introduced in
place of vacancy based rosters under her Ministry and
its undertakings; and
(c) the reasons for introducing post based rosters in
place of vacancy based rosters in those categories of
services?
MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI DIGVIJAY SINGH )
(a) As per the Supreme Court judgement dated 10.2.1995
in the matter of R.K. Sabharwal and others Vs. State of
Punjab and others. “once the posts earmarked for the
Scheduled Castes/Tribes and Backward Classes on the roster
are filled the reservation is complete. Roster cannot
operate any further and it should be stopped. Any post
falling vacant due to retirement etc. in a cadre
thereafter, is to be filled from the particular category
reserved or general to which the earlier incumbent of
the post belongedâ€.
Vide para 1 of their O.M. No. 36012/2/96- Estt.(Res.)
dated 2.7.1997, Ministry of Personnel, Public Grievances,
and Pensions(DOP&T) also reiterated the judgement as
under:-
“ the vacancy based rosters can operate only till such
time as the representation of persons belonging to the
reserved categories, in a cadre, reaches the prescribed
percentages of reservationâ€.
(b) & (c) In pursuance of the policy directive contained
in the Ministry of Personnel, Public Grievances and
Pensions’ OM dated 2.7.1997, Ministry of Railways
adopted the same instructions and replaced Vacancy
Based Rosters with Post Based Rosters in direct
recruitment as well as promotional posts in Group C and
Group D categories and for promotion from Group D to
Group C. So far, no instructions have been issued for
promotions from Group C to Group B.