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Tuesday, May 5, 2015

Reservation In Promotion In Public Sector Banks

High court quashes quota in promotion-The Telegraph  5th May 2015

Patna, May 4: Patna High Court on Monday quashed the state government's decision to provide reservation benefits to Scheduled Castes and Scheduled Tribes in promotions.

Stating that the state government did not take into consideration the overall backwardness of the castes, the single bench of Justice Vijayendra Nath said the decision (quota to Scheduled Castes and Scheduled Tribes [SC/STs] in promotion) was unconstitututional.

The state government had issued a notification in August 2012, ensuring reservation in promotion for SC/ST employees in government services. The decision was taken at a cabinet meeting presided over by chief minister Nitish Kumar.




Upholding a petition filed by an aggrieved general category employee Sushil Kumar Singh and others challenging the reservation in promotions, the high court said the state failed to contemplate on the impact of the reservation policy in promotion on the overall administrative efficiency.

The principal additional advocate-general, Lalit Kishore, said: "We will study the judgment first. Then we will adopt appropriate legal recourse."

The petitioner's lawyer, Vindhyachal Singh, referred to the M. Nagaraj vs Union of India (October 2006) case and said the state must demonstrate backwardness, inadequacy of representation and maintenance of efficiency before providing reservation in promotions, which the Bihar government failed to do.
The Supreme Court had held in the M. Nagaraj, Indra Sawhney and various other cases that reservation in promotions could be provided only if there was enough data and evidence to justify the need.
The high court on Monday was of the view that reservation should not be provided at the cost of efficiency of the administration as the same amounts to erosion of public interest.

The single bench also held that the reservation benefits to SCs and STs in promotions to higher posts in government services was done without enough data. No proper survey was conducted either.
"The state failed to furnish sufficient valid data to justify the move to promote employees on caste basis. The conditions have not been satisfied," the bench observed.

While quashing the state government's notification to provide reservation benefits to Scheduled Castes and Scheduled Tribes in promotions, the bench on Monday took into account the applicability of "ceiling limit" and "creamy layer" before providing reservation to SCs and STs in promotions as the Supreme Court had clearly stated earlier in its judgment that both these factors would apply while providing reservation in promotions.

The state cabinet on August 17, 2012, had given its nod to continue reservation in promotions of SC/ST government employees to protect their interests. The decision of the government will benefit them (government employees), cabinet secretariat department's then principal secretary Ravikant had said in the post-cabinet briefing.


Even opposition parties and then deputy chief minister Sushil Kumar Modi had favoured the continuation of the reservation policy. Modi had said that SC/ST people in government services should have reservation facilities in promotion during their service period, as it would serve to protect their interests.
Link The Telegraph

Courts can't ask states to provide quota in promotions, says Supreme Court-11 Jan 2015 DNA

The Constitution enables governments to provide for reservation of SC/ST category employees even in promotions but courts cannot direct them to make such a provision, the Supreme Court has ruled.
A bench of justices J Chelameswar and A K Sikri, however, said the aggrieved employees, belonging to SC/ST categories, can themselves seek redressal from the court if they are denied the rightful promotions.

"Insofar as making of provisions for reservation in matters of promotion to any class or classes of post is concerned, such a provision can be made in favour of SC/ST category employees if, in the opinion of the State, they are not adequately represented in services under the State.

"Thus, no doubt, power lies with the State to make a provision, but, at the same time, courts cannot issue any mandamus to the State to necessarily make such a provision. It is for the State to act, in a given situation, and to take such an affirmative action," the bench said.

Whenever, there exists such a provision for reservation in the matters of recruitment or promotion, it would bestow an enforceable right in favour of persons belonging to SC/ST category and on failure on the part of authorities to reserve posts in selections or promotions, the employees concerned can move the court to get their rights enforced, it said.

The court discussed the clause 4 and 4A of Article 16, which deal with quota in promotions in services also in its verdict and said these are "only the enabling provisions which permit the State to make provision for reservation of these category of persons".

The court's observations came while deciding a plea of Central Bank of India SC/ST Employees Welfare Association and others which had challenged the decision of the bank not to grant reservation in promotions in all categories.

The PSU bank had taken the stand that there was no rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of more than Rs 5,700.

The court, in its 36-page verdict, said, "While setting aside the impugned judgment of the high court to the extent it holds that office memorandum dated 13-8-1997 makes a provision for reservation, it is clarified that at present there is no provision for reservation in promotion by selection only in respect of those posts which carry an ultimate salary of 5,700 per month ...

"Qua appellant banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions from Scale-I up wards up to Scale-VI, reservation in promotion in favour of SC/ST employees has to be given.

"It would have the effect of allowing the writ petitions filed by the respondents/unions partly with directions to the appellant Banks to make provision for reservations while carrying out promotions from Scale-I to to Scale-II and upward up to Scale-VI."

The bank had said that as per the promotion policy, the candidates belonging to SC/ST category have been given reservation at the initial level of recruitment and also for promotion in the clerical cadre.
"Such a reservation is also provided for promotion from clerical grade to the lowest rank in the officers grade which is commonly known as Junior Management Grade Scale-I (Scale-I).

"However, when it comes to promotion from Scale-I to the next scale, which is known as Middle Management Grade Scale-II (Scale-II), the Banks have not been making any reservations while carrying out these promotions," the bank had said.

No Reservation in Promotion – Supreme Court..
Supreme Court in a landmark judgement has ruled out reservation in promotion for SC/ST categories.
NEW DELHI: The Supreme Court has ruled that there could be no quota for SC and ST employees for top posts in public sector banks but reservation for them was permissible in posts from scale-I till scale-VI.
 
A bench of J.Chelameswar and A.K.Sikri held that though there was no provision for reservation in promotion in banks for officers from scale-I onwards but an office memorandum issued by Department of Public Enterprises in November 2004 permitting quota up to scale-VI.
The bench informed that “the policy of no reservation in the matter of promotion is applicable only from Scale-VII and above. It, therefore, clearly follows that in so far as promotion from Scale-I to Scale-II, Scale-II to Scale-III, Scale-III to Scale-IV, Scale-IV to Scale-V, Scale-V to Scale-VI are concerned, reservation is to provided”. The bench said: “It is clarified that at present there is no provision for reservation in promotion by selection only in respect of those posts which carry an ultimate of 5,700/- per month (revised to 18,300 and 20,800/- per month in respect of those public sector undertakings following IDA pattern). Qua (with regard to) appellant Banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions from Scale-I upwards upto Scale-VI, reservation in promotion in favour of SC/ST employees has to be given.”
 
The court passed the order on a bunch appeals filed by banks challenging the Madras HC order directing them to provide reservation on the ground that there is no adequate representation of SC/ST category of officers in Group-IV and above.
 
The apex court held that HC in its verdict of 2009 has gone by the lofty ideals enshrined in Articles 15 and 16 of the Constitution as well as the fact that in there banks there is no adequate representation of SC/ST category of officers in Group-IV and above.
 
 
“That may be so. It can only provide justification for making a provision of this nature.
“However, in the absence of such provision, same cannot be read by overstretching the language of office memorandum dated August 13, 1997?, it said.
 
Clarifying its verdict, the bench said, it would have the effect of allowing the writ petitions with directions to the appellant banks to make provision for reservations while carrying out promotions from Scale-I to Scale-II and upward upto Scale-VI.
 
 


To counter the push for quota in promotion for SC/ST in government jobs, Samajwadi Party demanded proportionate reservation for Muslims through a Constitutional amendment -17th Dec 2012
 
The Constitution amendment bill providing for quota in promotions for SCs and STs in government jobs was passed by Rajya Sabha with an overwhelming support on Monday 17 December. The Constitution (117th Amendment) bill got the backing of 206 members while 10 voted against the legislation in a House of 245. A total of 216 members were present.
 
While UPA ally Samajwadi Party (SP) strongly opposed the bill, another outside ally of the government pushed for it, compelling the government to toe its stand. Nine SP members voted against the bill along with an Independent Md Adeeb.
All four members of Shiv Sena, were not present in the House. SP and Shiv sena are the only parties which are opposed to the bill.
 
In an apparent move to counter the push for the bill in Rajya Sabha, the SP on Monday demanded proportionate reservation for Muslims through a Constitutional amendment.
The issue triggered an uproar in the House in the morning with SP members rushing into the Well leading to its adjournment for 30 minutes during Question Hour.
 
Raising the issue during Zero Hour, Ram Gopal Yadav of SP said that the Rajinder Sachar Committee in its report pointed out that the condition of Muslims was worse than Dalits and so there should a Constitutional amendment to provide for quota to Muslims.
 
“When quota in promotion (for SC/ST) can be given by amending Constitution, then why Muslims should not be given reservation in proportion to their population through a Constitution Amendment Bill,” Yadav asked. LJP chief Ram Vilas Paswan and RJD members supported him.
Earlier, as soon as the House met for the day, Yadav said he has given a notice for suspension of Question Hour to take up the issue.
 
To garner maximum support, government incorporated some crucial elements like 22 percent cap on promotions for which consideration of Annual Confidential Report (ACR) will be crucial. Reeling out figures, Narayanasamy pointed out that discrimination against the SCs/STs/OBCs continue and they are inadequately represented in the top bureaucracy. He said quota in promotion existed since 1995 but the decision in Indira Sawhney case put spokes in it.
 
Commenting on SP’s stance on the bill, Congress MP PL Punia, who is also the Chairman of the National Commission for Scheduled Castes said, “It is intriguing to see that the MPs and MLAs of the Samajwadi Party from the Dalit community are mute spectators and are maintaining conspicuous silence over the anti-Dalit stance of their party on the bill.”
 
“SP has a total of 56 MLAs from Dalit communities out of its strength of 226 members in UP assembly and almost half of its MPs in Lok Sabha are from this community. Yet, none have dared to question the patently anti-Dalit stance adopted by the party leadership, which is crucial for the interests of the Dalits’’, said PL Punia. He said the Akhilesh Yadav is chief minister only on the strength of the Dalit votes and support of MLAs from the Dalit community, yet his government is working in a vehement manner to hurt the interests of the dalits.
 
“SP MLAs and MPs are not the equal members of their party they are slaves of their party. Despite their huge strength in the ruling party, the SP government passed a bill in UP assembly against the reservation in promotion for the Dalits and not a single MLA from the Dalit community dared to raise his/her voice. This is not politics, this is worst kind of gulami (slavery),” said Punia, adding “It’s a shame on them, instead of facing such situation they should have quit politics’’
.
Punia, a retired IAS officer of UP cadre, who once served as principal secretary when Mulayam Singh Yadav was the chief minister of UP (1993-95), questioned the political wisdom of the SP in opposing the quota in promotion for the Dalits. “What is new in this policy? After all, reservation in promotion for SCs is in force since 1955. Even the 2006 Supreme Court judgment did not quash it, the court only laid down three new principals like quantifying data on the backwardness of the Dalits and there should be no adverse impact on overall administrative efficiency’’. He added, “After the passage of the bill, there will be no legal infirmity in the Legislation and the facility of reservation in promotion to the SC/ST employees will be restored.”
 
Meanwhile, the UP state government employees spearheading anti-reservation agitation resorted to violence and attacked the state party office of Congress and BSP on Maonday. They also clashed with a group of people who are pro-reservation.
 
Under the banner of ‘Sarvajan Hitaye Sanrakshan Samiti,’ the anti-reservation agitators staged a protest in front of the Congress and BSP offices in Lucknow. Later, they burnt hoardings and even damaged some vehicles. They also staged a protest near the residence of BSP chief and former UP Chief Minister Mayawati and burnt her effigy.
Reservation In Promotions
 
The Supreme Court has upheld the Allahabad high court’s verdict to quash provision of reservation for Scheduled Caste and Scheduled Tribe (SC/ST) officers and employees in promotions. During last one decade and more , almost all government departments , public sector banks and public sector undertaking in general have given benefits of promotion based on quota to SC/ST and OBC category to please their vote bank , to please a few castiest politicians denying the opportunity to those who possess better record of performance .

I would like to suggest government to continue quota on recruitment if it is unavoidable and warranted to fulfill their social welfare agenda but completely stop quota system in promotion to SC/ST/OBC because this dirty game adversely affects the morale of those employees who perform better , honestly and devotedly but rejected only because they belong to general caste category. In an organization if a person is promoted only because he or she belongs to Dalit category even if he or she is non performer, dishonest and corrupt in his action vitiate the atmosphere, adversely affects the work culture and demotivate those who use to work sincerely and think for the nation as a patriot .It will not be an exaggeration to say that such type of dirty politics has only given rise to cancer of corruption all over the country and resulted in mass disloyalty to nation and the organization the employee serves. Undoubtedly this dirty politics has tarnished the image of the country in international community too.

The only solution to deal with this grave problem arising out of Supreme Court verdict and consequent denial of quota in promotion is to give promotion strictly based on seniority. This system will have dual advantage. Firstly there will not any thrust from SC/ST/OBC section on implementation of quota system in promotion or on issue of ordinance to nullify the impact of Supreme Court verdict .Secondly corrupt top ranked officers will not get opportunity to sell promotion and to whimsically reject any employee in promotion process only because he or she is not flatterer.

Hitherto even corrupt officers used to be elevated to higher post if he or she has a backing of minister, or key politicians or powerful top officers.
Officers who had the blessings of Godfather used to get chance in interview and others used to be whimsically rejected by greedy members of Interview panel constituted for carrying out promotion processes in various offices and departments.
 
And the most disheartening part of this story is that if officers who were unjustifiably rejected in promotion process by selecting committee used to approach courts for justice but unfortunately in our country such cases remain undecided for decades. In such case, one can say without any doubt that all government offices use courts to perpetuate their reign of injustice. An individual can spend a few thousand rupees to contest his case in High Court or Supreme Court but the defendant being an government office can spend crores of rupees to postpone judgment for an indefinite period. This is why thousands of staff related cases have been languishing in various courts for decades and as a result , an employee has to bear with injustice till his death or retirement.

Lastly but not the least if seniority based promotion is put into action , quantum of flattery and blind support to bosses will stop and people will make efforts to say yes only when the proposal is justified and without any bias and prejudice. People will dare raise their voice against injustice of their bosses. Whistle blower will be able to puncture the possible mischievous plan of corrupt officers and ministers without any fear of repercussion on his career.

If at all it is found that employees do not perform only because he or she is sure of seniority based promotion, government and every department may frame a suitable policy to punish suitably to non performers and remove them if their non performance persist for a longer period. Such punitive action of course should take place based on written record and adjudged by a team of at least five good officers. Of course there are some disadvantages in seniority based promotions but these disadvantages become insignificant when we ascertain the impact of practice of whimsical and arbitrary promotion of bad officers at the cost of good officers and when we assess the impact of system of flattery and bribery on work culture.
 

Sunday, May 6, 2012 By Danendra Jain


Supreme Court Verdict on Promotion Quota

The Supreme Court has  upheld the Allahabad high court’s verdict to quash provision of reservation for Scheduled Caste and Scheduled Tribe (SC/ST) officers and employees in promotions. During last one decade and more , almost all  government departments , public sector banks and public sector undertaking in general have given benefits of promotion based on quota to SC/ST and OBC category to please their vote bank , to please a few castiest politicians denying the opportunity to those who possess better record of performance .

I would like to suggest government to continue quota on recruitment if it is unavoidable and warranted to fulfill their social welfare agenda but completely stop quota system in promotion to SC/ST/OBC because this dirty game adversely affects the morale of those employees who perform better , honestly and devotedly but rejected only because they belong to general caste category. 

In an organization if a person is promoted only because he or she belongs to Dalit category even if he or she is non performer, dishonest and corrupt in his action vitiate the atmosphere, adversely affects the work culture and demotivate those who use to work sincerely and think for the nation as a patriot .It will not be an exaggeration to say that such type of dirty politics has only given rise to cancer of corruption all over the country and resulted in mass disloyalty to nation and the organization  the employee serves. Undoubtedly this dirty politics has tarnished the image of the country in international community too.

The only solution to deal with this grave problem arising out of Supreme Court verdict and consequent denial of quota in promotion is to give promotion strictly based on seniority. This system will have dual advantage. Firstly there will not any thrust from SC/ST/OBC section on implementation of quota system in promotion or on issue of ordinance to nullify the impact of Supreme Court verdict .Secondly corrupt top ranked officers will not get opportunity to sell promotion and to whimsically reject any employee in promotion process only because he or she is not flatterer.

Hitherto even corrupt officers used to be elevated to higher post if he or she has a backing of minister, or key politicians or powerful top officers.
Officers who had the blessings of Godfather used to get chance in interview and others used to be whimsically rejected by greedy members of Interview panel constituted for carrying out promotion processes in various offices and departments. 

And the most disheartening part of this story is that if officers who were unjustifiably rejected in promotion process by selecting committee used to approach courts for justice but unfortunately in our country such cases remain undecided for decades. In such case, one can say without any doubt that all government offices use courts to perpetuate their reign of injustice. An individual can spend a few thousand rupees to contest his case in High Court or Supreme Court but the defendant being an government office can spend crores of rupees to postpone judgment for an indefinite period. This is why thousands of staff related cases have been languishing in various courts for decades and as a result , an employee has to bear with injustice till his death or retirement. 

Lastly but not the least if seniority based promotion is put into action , quantum of flattery and blind support to bosses will stop and people will make efforts to say yes only when the proposal is justified and without any bias and prejudice. People will dare raise their voice against injustice of their bosses. Whistle blower will be able to puncture the possible mischievous plan of corrupt officers and ministers without any fear of repercussion on his career.

If at all it is found that employees do not perform only because he or she is sure of seniority based promotion, government and every department may frame a suitable policy to punish suitably to non performers and remove them if their non performance persist for a longer period. Such punitive action of course should take place based on written record and adjudged by a team of at least five good officers. Of course there are some disadvantages in seniority based promotions but these disadvantages become insignificant when we ascertain the impact of practice of whimsical and arbitrary promotion of bad officers at the cost of good officers and when we assess the impact of system of flattery and bribery on work culture.


Normally whenever a new Chief Minister joins as Head of any state Government , his first and foremost task is transfer IAS and IPS officers as also other workers from one place to other and pick up officers of his choice who work is say always "Yes sir " "sir" on all proposals of the government blindly.Person selected even for the post of Governor of any state or for President of India is decided on his ability to work as rubber stamp of the government.Similarly officers who are doubtless rubber stamp of bosses are only picked up for promotion in any Public sector undertaking . All these whimsical decisions will be reduced to minimum when government decides to award seniority based promotion and frame a fool proof policy for transfer and posting as also for  punishing a  non performer.
 
 

Tuesday, August 21, 2012


Lighter Side of Quota In Promotion



Following is a Cruel Joke on UPA's attempt to amend Constitution to nullify the order of Supreme Court which disfavored reservations in promotions. Please do not take it from the heart. Don’t mind. It is not to hurt the sentiments of any human being who worship all as children of God the almighty.


Our country is famous for quota and reservation. Quota is fixed for on the basis of caste or community, region or religion, Or for handicapped and woman and so on. There are many traders many farmers, many peons, beggars, blind peersons,TB patients, cancer patients ,bank officers, central government employees, members of small political parties, HIV patients, prostitutes, street hawkers, vendors, contractors, bar dancers, unemployed matriculates, grauduates,engineers, who have got no representation in Parliament and state assemblies and in top post of department and offices. I think there should be quota fixed for all these segments and other such segments of society too. Quota must be fixed for TB patients and all such persons who have lacs of people behind them must be given representation in board of directors, in list of candidates for election. 

After all, one must keep in mind that there are hardly ten lac politicians or ten lac intelligent and educated persons who are ruling 120 crores of Indians without any break for last 65 years, who are repeatedly getting chances in Parliament and state assemblies. Why not criminals languishing in jail should also be given tickets and given chances on high profile posts so that they may voice their sound on proper platform to mitigate their problems. 

Why only students who pass the MBBS should be made Doctor, even patients should be given a chance to become doctor and quota be fixed for it. Why only journalists are allowed to take interview of VIPS? Even beggars, dalits, SC ST economically backward class people, women,OBC,prostitutes,should also be given chance as per fixed quota to take interview of Manmohan Singh and other VIPs.

I am therefore of the opinion that if Members of ruling party are ready to amend Constitution to allow promotion based on caste and community to nullify the ruling of Supreme court, the government should also make provision adequate reservation for above mentioned class of persons to give them fair chance of representation. Rather UPA government should change the entire recruitment processes and promotion processes either by promulgating an ordinance or by amending the Constitution in such a way that none of the organization should insist for educational qualification or experience as the eligibility criteria either for recruitment or promotion of staff in their organization or office. 

All promotion should be made based on population of each segments of society. Persons and parties who cry for merit based promotions should be declared as anti nationals and enemy of democracy and hence should be punished and taken to task immediately .In this way the UPA government can win the hearts of crores of voters who were hitherto not getting opportunity to sit on top ranked responsible posts and who were treated as neglected in the society.

Reservation for the post of IAS officers may be like 2 per cent seats for every state, 2 percent for handicapped, 2 for cancer patients, 2 for TB patients, 2 for street vendors, 2 for cinema goers, 2 for engineers, 2 for matriculates, 2 for graduates, 2 for illiterates, 2 for blind, deaf and dumb, 2 for widows, and so on.There should be reservation for engineers and matriculate for the post of doctors and similarly doctors should also be given a chance to work as peon in a government office. And so on.....................

Similarly political party should distribute election tickets on the basis of population ratio of various caste, illiterate, unemployed, doctors, skilled labours, coolies, vendors, contractors, beggars, dancers, singers, street dwellers etc

Admission in all schools and colleges should be made strictly based on caste. All persons of group called as dalits, backward, poor, sick persons, OBC, illiterate,   should be declared pass without any examinations and their education should be made free and they should be served free meal just like mid day meal served in government schools.

Not only this, it should be mandatory for all elected representatives especially of political parties who are protagonist of reservation in promotion or in recruitment that they seek services of such engineers in all their personal or official works, they consult and go for medical operations only through such doctors. 

If there no adequate vacancies, government should employ all degree holders or non degree holders and pay salary. If possible all should be made IAS officers day wise or month wise. All post should be divided into days and or in months .Dalit will work as Secretary to CM for one month, engineer for one month, and beggar for one month, cancer patient for one month and so on … 

Just on the line of MANREGA, IAS and IPS officers should be selected from caste and communities educated or uneducated and everyone should be given a change for say 100 days in a year.

In this way the present ruling party may ensure their victory in coming election. I hope crowd consisting of crores of people will attend rally organized by politicians who favour above philosophy of reservation. Team Anna and Team Ramdeo could not attract heavy crowd because they do not understand the mind of crowd .These team should also learn lessons from person like Raj Tahkre who managed bigger crowd on a notice of a day or two. Team Anna should learn lessons from followers of Mayawati who forced UP government to repair the statue of Mayawati.
 

 
It should be made mandatory for all politicians ,ministers and VIP officials that they send their children for education where only dalits are teachers or where only beggars are teachers or where only engineers are teachers or where only patients are teachers as per their ratio in country's population. Similarly they should consult doctors of backward caste only or from minority group only for say three months, from upper caste for next three months and then two months from engineers designated as doctors, traders posted as doctors for one month and one month from Chartered Accountants.

Government should declare doctors, engineers, IAS officers scientists, CAs Advocates strictly as per population of various group in the country. There is no need to conduct entrance examination or recruitment test to test the merit. Those who take merit test should be declared as anti nationals and anti democracy.
http://danendrajain.blogspot.in/2012/08/lighter-side-of-quota-in-promotion.html

Friday, December 14, 2012


How To Finish Deadlock On Issue of Quota In Promotion Process for Dalit


Congress Party led UPA government under the pressure of Mayawati led Bahujan Samaj party has in their mutual interest agreed to amend constitution to permit reservation in promotion to SC ST and other eligible castes. To serve their malicious interest, clever leaders of ruling party are ready to even overrule the recent adverse judgments given by High court and Supreme Court. Though party claim to respect the spirit of the Constitution and that of Apex court, they may in practice do not hesitate in going against the basic structure of the Constitution and important ruling of Apex court as they did in famous Shah Bano Case.

Clever politician of ruling UPA by their insistence to change laws of the land to gain the vote of Dalit community has not only divided anti - congress political parties but has also divided various trade unions, individuals of castes and finally the society. This has resulted in strike call by one section of employees and other sections of employees who are protagonists of quota in promotion have decided to forceful functioning of offices. Willingly or unwillingly, such prejudiced amendment in Constitution has to result in chaos and conflicts between two groups and give rise to breaking of hearts, breaking of unity and breaking of friendship. It will not be an exaggeration to say that these corrupt politicians will sacrifice the interest of the country for their self interest.

I would like to mention here that root cause of resentment, frustration and annoyance among employees of SC, ST and dalit caste is that promotion process has many loopholes which gives ample power to competent authorities to permit a junior and incompetent employee and reject a meritorious and senior staff. Culture of arbitrary and whimsical process has only resulted in demand for quota in promotion processes. There are many instances when incompetent and corrupt staffs are promoted only because they have good relation with top officials or ministers, or when they spend handsome amount in giving bribe to top officials to get promotion in lieu thereof. On the contrary there are numerous examples of employees getting rejected in promotion processes always because they do not have any Godfather in Interview boards. In this dirty process of promotion, officers and babus irrespective of their caste and  community are facing humiliation in promotion processes and posting.

 I have experienced how corrupt officers are getting frequent promotion and choice posting whereas good and meritorious officers are posted at critical places, rejected in promotion processes and finally served charge sheet and made scapegoat for crime committed by corrupt officer .Senior executives exert all efforts to get the corrupt officer exonerated from punishment and they search some weak guy for making scapegoat. Birds of same feather usually are sitting at top post of most of organization and government offices barring a few exceptions. Flatters and sycophants are more often than not given preference in all types of promotion and posting .

This dirty culture is prevailing in almost all offices and all government departments and undoubtedly it is fundamentally responsible for current anger of not only people of dalit caste but of upper caste too.

As such if government gets success in permitting reservation for dalit in promotions, they may add fuel to already existing fire. For a short period members of dalit community may feel victorious, but in long run such unhealthy rules will create social imbalance and disturb badly the harmonic relation among members of various caste and communities. Not only this performance level of meritorious and hard core workers will get erosion in long run and damage the work culture in all offices.

I have however one suggestion to place before the government and before Members of Parliament belonging to all parties including learned clever leaders of Congress Party, BSP , BJP , SP and other parties .Every department may be permitted to recruit staff strictly as per prevalent policy of reservation and thereafter employees should be given promotion to higher scale or higher position strictly as per seniority in a well defined framework of time.

It is true that some hard core worker will get demotivated when a non performer will get promoted. But such type of feeling will be diluted and reduced to zero once they are made to understand that every employee irrespective of their caste has right to be promoted without any discrimination and to avoid the whimsical rejection of good workers by members of Interview panel constituted to promote staff from one cadre to other.

Both ways of promotions, on by seniority and another merit based promotion, has its own merit and demerit. But after taking into accounts all pros and cons of the both methods of promotions , it is desirable to adopt strictly seniority based promotion to avoid all disputes and to avoid all demand of quota in promotion process. Government may further formulate a policy to provide incentive to those who perform better than average workers and formulate another policy to punish those who perform worse than average performers. In this way GOI may reduce number of cases pending in various courts and avoid showing disrespect to ruling of High Court and Supreme Court. It is necessary to point out here that thousands of cases are pending in High court and Supreme court filed by aggrieved officer against whimsical decision of management. 


To conclude I would like to substantiate my views by pointing out the current status of government banks. During last two decades of liberalization, management of public sector banks have enjoyed complete freedom in the matter of recruitment, promotion and posting. They changed the policies related to recruitment and promotion many times as per their whims and fancies. These banks always claimed that they have a well defined merit oriented promotion policy and it is true also that they have promoted many officers during last two decades. But it will not be an exaggeration to say that many officers who got promotion were mostly flatterers and corrupt and it is they who created sickness in banks. 

It is they who raped good performers in the name of merits. It is they who are responsible for bad asset quality of banks. Two lac crore worth advances are now Non Performing asset, eight lac crores as stressed assets but concealed by restructure and tens of thousands of crores of rupees is lost in fraud during three years. Officers are promoted but banks are getting downgraded by rating agencies. Obviously it is top management who misused merit oriented promotion policy for their self interest and damaged the fundamental of banks. And hence it is justified to adopt seniority based promotion which protected banks to a larger extend before the reformation era launched in 1991.

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