Reservations in Recruitments and Promotions - Key points

                  Reservations in Recruitments and promotions - Key Points

1. Articles 16 (4), 335, 341 and 342 of the Constitution of India provide for reservations in services in favor of SC, ST and other Socially and Economically backward classes.

2. Article 16 (6) was inserted in the constitution through 103 amendment for providing reservation in favor of economically weaker sections w.e.f 14.01.2019.

3.  Article 16 (4A) provides for reservation in the matter of promotions in favor of SC & STs.

4.  SC, ST, OBC and EWS reservation is provided In recruitment to Group-A,B & C posts.

5. In promotions reservation is provided for SC & ST only.

6. The overall reservation should not exceed 50% both in recruitments and promotions.

7. OBCs who are Creamy Layers ( i.e. whose family annual income is more than Rs 8 Lakhs) are not eligible for the benefit of OBC reservation.

8. SC must be either Hindu or Sikh or Buddhist religion only.

9. ST can be of any religion.

10. Production of SC/ST/OBC caste certificate from the competent authority is a must to avail the benefit of reservations.

11. Suitable departmental and criminal action will be taken for submission of fake certificates.

12. The verification of SC/ST certificates should be verified within three months from the date of appointment.

13. In recruitment reservation for SC/ST/OBC is 15%, 7.5% and 27% respectively .

14.  In promotions reservation for 15% for SC and 7.5% respectively. No reservation for OBC in promotions.

15. 10% of UR vacancies are reserved for Economically Weaker Section (EWS) candidates in recruitments. The candidates who are not covered under the existing scheme of reservations for SC,ST & OBC and whose family’s gross annual income is below 8 Lakh rupees come under EWS category. EWS status certificate should be from an Officer not below the rank of Tahsildar of the State Govt and Union Territory.

16. 4.5% of OBC vacancies are to be filled by Minorities. To avail the benefit of reservation, the person should be belonging to Minority Community as defined in Section 2 ( C ) of the National Commission for Minorities Act 1992 and his caste/community should have been included in the notified list of OBCs. 

17. Quantum of reservation in Direct Recruitment:

1. By open competition:  SC 15%, ST 7.5%, OBC 27 including 4.5% for Minorities &, EWS 10% 

2. Other than open competition: SC 16.66%, ST 7.5%, OBC 25.84% & EWS 10%

18. Quantum of reservation in Promotions:

A	By selection with in Group B,C,D	SC           15%,  ST          7.5%,  OBC        NIL  EWS        NIL
B	By selection from Group-B to Group-A
C	By non-selection( seniority-cum-suitability)

19. Reservation is post based. Not on vacancy bases.

Example for Post Based Reservation:

Sanctioned posts = 100

Reservation for SC = 100 x 15% =             15

Reservation for ST = 100 x 7.5% = 7.5 ( ie 8 )

Reservation for OBC = 100 x 27% =          27

Total reservation = 50 (15+8+27)

Un-reserved posts = 50

Available SC employees on roll = 10 

Available ST employees on roll = 5

Available OBC employees on roll = 20

Available UR = 40

Total available on roll = 75 (10+5+20+40)

Vacancies = 25 (100-75)

SC   requirement = 15 -10 =  5

ST   requirement =    8- 5   = 3

OBC requirement = 27-20 = 7

UR requirement =    50 -40 = 10

Category wise requirement = 5+3+7+10 = 25

           

Note: Un-reserved vacancies means ‘ No reservation’ for these posts. They are filled on merit or on seniority. Anybody ie SC / ST /OBC / UR who is in merit or in senior can be appointed against unreserved vacancies.

20. The total reservation for all categories should not exceed 50% in each cadre. Cadre means grade/Level. For example Jr Clerks, Sr Clerks, OS & Ch OS are four separate cadres for the purpose of reservations in clerical cadres. 

21. In direct recruitment, the reserved category candidates who are selected on the same standard as applied to General Candidates will not be adjusted against reserved vacancies.

22.  Only when he/she avails the relaxations in age limit, experience, qualification, permitted number of chances etc will be adjusted against reserved vacancies.   

23. Separate rosters registers should be maintained for DR, Promotion, LDCE and GDCE.  

24. Reservation rules are not applicable to deputation. 

25. No reservation for single post cadre. The vacancy should be filled by seniority or merit as the case may be.

26. The unfilled posts of SC/ST/OBC should not be de-reserved. ( ie should not be converted to UR)

27. Such posts should be carried forward to next recruitment year. The same rule applies to promotions also.

28. However, posts can be exchanged between SC and ST if the vacancy could be filled due to non-availability of candidates of that particular community ( ie SC or ST) in the third recruitment year. 

29. At any given point of time , the rule of maximum 50% quota should be followed on the cadre as a whole and not on the basis of individual recruitment where it may happen that all posts may fall to the share of either SC or ST or OBC due to carry forward rule for unfilled vacancies.

30. The candidate appointed on compassionate grounds should be shown against the appropriate roster point as per his community i.e SC against SC, ST against ST, OBC against OBC and UR against UR.

31. The employees who are rendered surplus and absorbed in alternative posts should be shown against the appropriate roster point as per his community ie SC against SC, ST against ST, and UR against UR. If there is no SC/ST point vacant, such surplus staff should be booked against the UR point because we should keep the surplus staff waiting for an alternative appointment for want of SC/ST vacancy.

32. The candidates who are appointed against Sports/Cultural/Scouts & Guides quota should not be shown against SC/ST/OBC reservation points because their selection for appointment is purely on merit in their respective fields.

33. In PBR system if a vacancy arises in the cadre due to Transfer/Promotion/Retirement/Death etc of SC/ST/OBC employee, that vacancy should be filled only by SC/ST/OBC candidate/employee.

34. The PBR system is applicable in promotions from Group-C to Group-B, within Group-B and Group-B to Group-A .

35. Vertical Reservation means reservation for  SC/ST/OBC/UR/EWS.

Horizontal Reservation means reservation for  PH/Minority/Ex-servicemen.

36. UR = UR(merit) +PH(merit) +EWS((merit) + Ex-servicemen(merit)

SC = SC + PH(SC) + Ex-Servicemen (SC)

ST = ST + PH (ST) + Ex-Servicemen (ST)

OBC = OBC + Minority (OBC) + PH (OBC)  + Ex-servicemen(OBC)

37. Reservation for PH candidates: According to Right of persons with disabilities Act 2016, 4% reservation in recruitments and promotions should be provided to physically handicapped persons who are suffering from the following:

1. Blindness and low vision

2. Deaf and hard hearing

3. Locomotors disability (including cerebral palsy, Leprosy cured, dwarfism, acid attack victims and muscular dystrophy).

4. Autism intellectual disability, specific learning disability and mental illness.

5. Multiple disabilities from among (a) to (d) above including deaf and blindness

Note: The minimum disability should be 40%.

Distribution of 4% reservation is as under:

For category (a) above – 1%

For Category (b) above – 1%

For Category (c ) above- 1%

For categories (d) & (e) above – 1%

Railways can exempt any post/cadre from the above reservations for PwD candidates.

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LAP - Leave on Average Pay

 Leave on Average Pay (LAP)

1. Railway employees are eligible for advance credit of 30 days LAP in their leave account every year.

2. The credit is given in two installments i.e. 15 days  on 1 st January and 15 days on 1 st July of every year.

3. In case of appointment or retirement in any part of half year credit shall be given at the rate of 2 ½ days per month up to the end of that half year.

4. In case of unauthorized absence, suspension, Dies-non etc, 1/10 th of such period will be debited to the leave account.

5. Maximum 300 days can be accumulated.

6. Advance credit of 15 days of next half year will be kept separately. (300 + 15)

7. Maximum 180 days LAP can be sanctioned at a time.

8. On retirement, 300 days LAP can be en-cashed.

9. LAP cannot be combined with CL.

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LHAP - Leave on Half Average Pay

                    Leave on Half Average Pay (LHAP)

• Railway employees are eligible for 20 days LHAP in a year.

• It is credited to the leave account in two installments @ 10 days each. ( 10 days on 1 st January and 10 days on 1st July).

• In the case of appointment or retirement in any part of half year credit shall be given at the rate of 5/3 days per month up to the end of that half year.

• In case of unauthorized absence, suspension, dies-non etc, 1/18 th of such period to the LHAP account.

• There is no maximum limit for accumulation.

• During LHAP employees are paid half pay salary.

• On retirement LHAP can not been-cashed. However, if 300 days of LAP is not available for encashment, LHAP to the extent of the difference can be en-cashed.

• Employees can opt for conversion of sick period into LHAP, it can be accepted and double the amount of sick period will be debited to LHAP account.

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Leave Not Due - LND

          

Leave not due ( LND)

• Leave not due is sanctioned when the employee is   not having LAP or LHAP balance.

• This leave is sanctioned on a Medical Certificate.

• In the entire service maximum 360 days LND can be sanctioned.

• Only half pay is paid during LND like in LHAP.

• This is like overdraft of LHAP.( Advance sanction of LHAP)

• Sanctioning authority should believe that after LND employees will come back to work and earn an equal amount of LHAP for debiting LND to LHAP account.

• It can be in continuation to LAP and LHAP.

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CGEGIS – Central Government Employees Group Insurance Scheme, 1980

CGEGIS – Central Government Employees Group Insurance Scheme, 1980 

 

v  Authority is Railway Board letter - Click

 

v  Commencement of CGEGIS - 01.01.1982

 

v  Compulsory for staff who have joined on or after 01.11.1989

 

v  Object: Provides twin benefits to Central Govt employees, at a Low cost.  It is wholly contributory and self financing.

 

1. Insurance cover on account of death of employee

2.  Lump sum amount from Savings Fund on the date of Retirement

 

v  Recoveries towards CGEGIS credited to the Public Account of India.

 

v  All employees who enter service on or after 2nd January of any year shall be enrolled as members of Scheme on the next anniversary of the Scheme (i.e.,  from 01st January of Next year)

 

v  Calendar year i.e., January to December is the criteria for calculation of CGEGIS.

 

v  Authority for Recovery of Rs. 30 (on par with Group C staff) to erstwhile Group D staff with Grade pay 1800.  W.e.f from 01.01.2011  : Authority

 

v  Monthly Recovery amount (One unit equals – Rs. 15)  - W.e.f 01.01.1991

 

	No Of units	Normal Recovery in  subsequent years	Insurance cover	Recovery in the joining year, If joined on or after  2nd January of any year (till 31st December) – Insurance portion only	@Rs. 4.50 for every Rs. 15000 (one unit)  insurance cover
Group A	8	Rs. 120	Rs. 1,20,000	Rs. 36 per month	Rs. 4.50 x 8 = Rs.36
Group B	4	Rs. 60	Rs. 60,000	Rs. 18 per month	Rs. 4.50  x 4 = Rs. 18
Group C	2	Rs. 30	Rs. 30,000	Rs. 9 per month	Rs. 4.50 x 2 = Rs. 9

 

Example: If an employee joined on or after 2nd January of any year.

 

ü  A Group C employee joined service on 03.01.2019.  He will be enrolled for the said scheme with effect from 01.01.2020 only.

 

The recovery is Rs. 4.50 per cover of Insurance of Rs. 15,000. That means recovery from Group C employee is Rs. 9 from January 2019 to December 2019, because insurance cover of Group C is Rs. 30,000 (Rs. 4.50 x 2 )

 

ü  Rs. 4.50 per every Rs. 15000 insurance cover consists of  contribution to Insurance Fund only.( Not Savings Fund)

 

ü  However from 01.01.2020, the recovery is Rs. 30 per month from Group C employees. (contribution to Insurance Fund as well as Savings Fund )

 

Example: If an employee is promoted on or after 2nd January of any year.

 

ü  If Group C employees are promoted to Group B Post on 5th February 2019.

 

ü  Rate of recovery of CGEGIS is Rs. 30 only, till 31.12.2019.  It will enhance from Rs. 30 to Rs.60 from 1st January, 2020 only.

 

v  Ratio of Insurance Fund to Savings Fund is 30% to 70% (so for Group C post, it is Rs. 9 :Rs.21 towards Insurance Fund and Savings Fund respectively.)

 

 

v  Payments from CGEGIS

 

1.       At the time of Retirement : Contribution to the Savings Fund and Interest accrued

 

2.       At the time of Death           : Contribution to the Savings Fund and Interest accrued as well as Insurance cover i.e., Rs. 30,000 , Rs. 60,000 & Rs. 1,20,000 towards Group C, Group B and Group A respectively

 

 

 

 

 

 

Key takeaways for MCQ on CGEGIS

 

1. CGEGIS stands for Central Government Employees Group Insurance Scheme

 

2. Commenced from 1st January, 1982 

 

3. Compulsory for those who joined on or after 1st November, 1989 

 

4. Recoveries are credited to the Public Account of India (not Consolidated Fund of India).  Because it belongs to the Public (Employees), not Government of India. 

 

5. All employees who enter service on or after 2nd January of any year   - Members of this scheme from next year only, not the current year. 

 

6. Calendar year i.e., January to December  - Criteria 

 

7. One Unit equals Rs.15.  

 

Group A - Rs.120 (8 Units)  

Group B - Rs.  60 (4 Units)

Group C - Rs.  30 (2 Units)  

 

8. Insurance Fund - 30 % and Savings Fund - 70 % 

 

9. At the time of Retirement : Contribution to the Savings Fund and Interest accrued

 

10.  At the time of Death        : Contribution to the Savings Fund and Interest accrued as well as Insurance cover 

 

11. Insurance coverage is as follows:  

 

• Group A  - Rs. 120000  (100 times of monthly recovery Rs. 120)

• Group B  - Rs.   60000  (100 times of monthly recovery Rs.   60)

• Group C  - Rs.   30000  (100 times of monthly recovery Rs.   30)

 

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