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RESERVATION POLICY/ORV Act-1975

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SAFEGUARD THE PROMOTIONAL ASPECTS OF SC/ST/ OBC”.

      With due respect and humble submission I beg to lay before you the following few lines for favour of your kind information and necessary action.

 

Sir, the Judgement of Supreme Court  : “Promotion without Seniority” ie catch-up Rule” in accelerated promotion(Applied against the reserved category officers promoted earlier to the General category officers) nullifies  the National Reservation Policy / ORV Act-1975. “ Promotion with out Seniority has no meaning”. It needs review and amendment in parliament/state assembly.

 

I Object that:

 1. Prevailing ORV-Act / National reservation policy confers promotion with consequential seniority. But  on application of Catch-up Rule, it  gives promotion only, not seniority. Promotion without seniority has no meaning.It nullifies the reservation rules in force.

 

       2. Seniority of Reserved category officers promoted earlier to the General category officers are lowered and placed below the General category officers promoted much later. Here concurrence on seniority  given by the OPSC is ignored. It aggravates the rule and Order passed by the  OPSC.

 

 3.Application of  the “Catch-up Rule”  has no limitation. It is being implemented with out proper application of mind ie. (i) with out analyzing if the promotion is accelerated ? (ii)It has no limitation when and which stage to be applied. It is necessary to abolish/quashed/modify the “Catch-up Rule”  adding certain limitations. 

“Example: I got 1st  promotion on reservation(once only)  to SCO,class-I in 1996 and in that grade held seniority at Srl. 4th in gradation list as concurred by the OPSC. By the year 2009 my name was placed at Srl. 1st of the gradation. Accordingly  next got promotion to Joint Director in Feb’ 2009 on seniority basis (no reservation here). The Govt in Agril Dept. of Odisha  applied the Catch-up Rule in the year 2011 and passed an Order placing me at srl. 11 of SCO’s gradation. Where as I was least concerned with the gradation list of SCO w.e.f Feb’2009. I was no more SCO during 2011,but holding the post of Joint Director at that time. Now I am going to be deprived from holding the post of  Director.

                              This is  quite not justified and I strongly deny to accept it".

         It is a fact that the ORV Act 1975 is loosing its merit and becoming null & void in the state due to improper application of mind while implementing the Catch-up rule. Authorities are misinterpreting the catch-up rule in case of candidate , that who have even got first and only one promotion by availing ORV Act only once from the post of initial posting to next grade, who have not got more promotions repeatedly one after another by availing ORV-Act, although  it can not be treated accelerated promotion. But in this case also the Authorities apply the Catch-up rule which nullifies the ORV Act. In such case , I am to say that so long as the ORV Act -1975 is in force and not revoked, the catch-up rule is not applicable. If Govt so desire, Let the ORV-Act be REVOKED first before the application of Catch-up rule in such case.

 

               It is mandatory to give promotion to the reserved category officers with consequential seniority  as per the reservation policy of Government (ORV Act 1975 and rule made there under) at least once to the eligible candidate during his entire service period so long as the ORV Act is in force in Odisha/ India. Otherwie the reservation rule will become null  & void and it will be construed to be a conspiracy to deprive the  reserved category officers from holding  highest post.

 

          Supreme Court judgment order on application of catch up rule in case of Accelerated Promotion of  Reserved category Officers. But the state Authorities are  wrongly interpreting  and applying  the catch-up rule in favor of General Officers in plea of Supreme  court judgment. Here no body is analyzing the word ' Catch-up'  & 'Accelerated'. These two words are  most important point to note.

 

                i. The general cat. Officer has to catch-up the reserved category Officer promoted earlier to him  when he gets promotion to the same level of post hold by reserved category Officer and  it should be with in  the same level of post. In other word the reserved category officer if no more in the said post but in the further in the  next higher post , it should  not  be applicable because of crossing catch up period. 

 

                ii. further the above catch-up principle is applicable in case of accelerated promotion, ie  if the reserved category Officer has got repeated promotion one after another by availing benefit of ORV Act repeatedly and superseded his senior in feeder cadre.    

      But ORV Act confers promotion with consequential seniority. lt means if a SC/ST Officer gets  his first promotion from his initial posting to next higher post by availing the ORV Act once only, he is supposed to get his seniority as per ORV act. Since it is not Accelerated and the Catch-up rule is not applicable here otherwise the ORV Act loose its merit and becomes null & void. 

          But the authorities misinterpreting & misusing the “catch-up “rule against the reserved category officer and their bright career is blocked. It needs a thorough debate in the Assembly/Parliament. I appeal appropriate authorities/Honb'le MLAs/MPs to amend and make necessary laws for the safe guard of the future of reserved category Officers, failing the ORV Act will be a farce only and there will be no scope for reserved category Offices to hold the higher posts.

 

                  This is for favour of kind information and necessary action of all concern.

NB:     OPSC- Odisha Public service Commission;                              Yours faithfully’

SCO-   Soil Conservation Officer.                                              (Mahesh Das)