The decision was given by the Rajasthan Civil Service Appellate Tribunal.
- The tribunal said that even if the full roster of SC-ST is full, they cannot be promoted to vacant posts of general category.
The Rajasthan Civil Service Appellate Tribunal has rejected the provision of the state government as incorrect, in which the reservation for SC-ST class is filled, when the roster is filled, the exemption of promotion for the vacant posts of general and OBC class employees. Was given
The tribunal said that once the full roster of SC-ST class posts is filled, they cannot be promoted to vacant posts of general category. The tribunal gave this order on the appeal of Sunita Kumar Bheewal, member of the Samata Movement Committee, in the matter of promotion from AEN to XEN in PHED department. The tribunal has directed the PHED department to review the review DPC for promotion from AEN to XEN post for 2018-19 and 2019-20.
Advocate Shobhit Tiwari said that the appeal challenged the provision of the state government’s personnel department on September 13, 2013 and September 12, 2019, in which their roster point is filled in the SC-ST category and the vacant posts of general class employees. They were allowed to promote to the posts of general category. It said in the appeal that these provisions of the state government are contrary to the notification of the state government on 11 September 2011 and the department cannot change it only through a circular.
The state government’s notification dated 11 September 2011 makes it clear that SC-ST class employees will be promoted from their roster points and will not be able to join general class posts. In such a situation, the provision of exemption of promotion of SC-ST employees to vacant posts of the general government in the state is in violation of the directions of the Supreme Court and the notification dated 11 September 2011. Therefore, this provision should be canceled.