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Centre assures Supreme Court of providing reservation to SC/ST/OBC in temporary jobs

The Central Government has assured the Supreme Court that it would give reservation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in temporary appointments in Central Government posts and services, having a tenure of more than 44 days.

Filed a reply to a writ petition seeking SC/ST/OBC reservation in temporary jobs, the Union of India apprised the Apex Court that instructions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.

It mentioned the Office Memorandum no. 41034/4/2022-Estt. (RES-I) dated November 21, 2022 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions, Government of India, which assured reservation to SC/ST/OBC candidates in temporary appointments lasting 45 days or more, while referring to previous OMs issued in 1968 and 2018.

The current OM also mentioned a report of the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes, which observed that the instructions for reservations in temporary jobs were not being followed in letter and spirit by the departments.

The Ministry had said in this context that all the Ministries/Departments were requested to ensure that reservation for Scheduled Castes/Scheduled Tribes/Other Backward Classes shall be made in all temporary appointments which are to last for 45 days or more. The instructions should be conveyed to all concerned for strict compliance, it added.

The Bench of Justices Sanjiv Khanna and SVN Bhatti, after taking note of this OM, disposed of the writ petition.

It said in case there was violation of this Office Memorandum, the petitioners or an aggrieved party would be open to take recourse to appropriate remedy in accordance with law.

The Bench further recorded the statement of the counsel appearing for the Union Government that a mechanism was in place to deal with cases of failure to follow or abide by the Office Memorandum dated November 21, 2022.

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