Question : IMPLEMENTATION OF PROVISIONS OF RESERVATION

(a) whether the DOPT vide letter dated January 21, 2002 and August 26, 2004 had directed all the Ministers and Departments to implement the provisions of reservation in the promotion of staff and officers belonging to SCs/STs;

(b) if so, the details thereof and the action taken in this regard;

(c) whether the government is aware that several States, especially of Delhi, have not implemented the same;

(d) if so, the details therof and the reasons therefor; and

(e) the steps taken/proposed to be taken by the Government for the compliance of the same?

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTRY AFFAIRS.(SHRI SURESH PACHOURI)

(a): Yes Sir.

(b): Office Memorandum dated January 21, 2002 was issued to restore the benefit of consequential seniority to officers/staff belonging to SCs/STs who were promoted earlier by rule of reservation/roster, after the Parliament amended Article 16(4 A) of the Constitution. Office Memorandum dated 26th August 2004 is for conducting special recruitment drive for filling up backlog reserved promotion vacancies. Each Ministry/Department is required to follow the said instructions strictly. A status report has been sought in respect of special recruitment drive by 31.12.2004.

(c) to (e): Article 16(4A) being an enabling provision, the two Office Memoranda issued by DoPT are not directly applicable in respect of employees of the State Governments. The concerned State Governments have to take their own decision in the matter. Information in respect of Delhi is, however being collected and will be laid on the table of the House.