This document addresses representations from SC/ST employees in hill sub-cadre positions who are requesting reallocation to Uttar Pradesh. These employees argue that their dependents are not receiving reservation benefits in Uttarakhand because it’s not their state of domicile. The Central Government, while acknowledging these concerns, has stated that it cannot directly interfere in the allocation of hill sub-cadre employees as it falls outside their purview. Previous attempts to extend existing SC/ST allocation guidelines to this group were unsuccessful. The government suggests that the concerned State Governments should deliberate on the matter to find a solution that safeguards the constitutional rights of these employees.
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F.No.27/26/2006-SRS
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
To
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: December, 2013
- Shri Ashok Ghosh,
Principal Secretary,
UP Reorganization Coord. Deptt.,
46, Bahukhandi Bhavan,
Secretariat, Lucknow. 226001. -
Dr. Hemlata Dhaundiyal,
Secretary (Reorganization)
Govt. of Uttarakhand,
4, Subhash Marg,
Dehradun. 248001.
Sub.:- Consideration of allocation of SC/ST employees, belonging to the hill sub-cadre and sub-state cadre, on the basis of their option/domicile.
Sir/Madam,
I am directed to say that the Central Govt. has been receiving a number of representations from many hill sub-cadre employees belonging to SC/ST categories, requesting for reallocation to UP on the ground that their dependents are not getting reservation benefits in Uttarakhand as it is not their State of domicile. In this connection letters dt. 01.07.2013 and 18.07.2013 received from Uttar Pradesh Reorganisation Coordination Department may be referred to.
- At present, the Guidelines on Reorganization vide letter dt.28/29.07.2008 and subsequent modification dt. 24.06.2010 providing for allocation of SC/ST employees as per their domicile or on option basis, are applicable to state cadre employees. The matter of extending the SC/ST guidelines to hill sub-cadre employees was earlier examined in consultation with the Deptt. of Legal Affairs, Min. of Law and it was not found possible to extend the benefit to the hill sub-cadre employees. This has been conveyed by the Central Govt. under letter dt. 01.05.2012.
- The Central Govt. has reconsidered the issue in view of the representations. However, it is not in a position to interfere in the allocation of hill sub-cadre employees as it is out of the purview of the Central Govt. Since these employees are being deprived up of a constitutional benefit, it is suggested that both the State Governments may consider to deliberate on the matter and find out a way out to safeguard their constitutional rights.
Yours faithfully,
Lew Kipgen
(K. Kipgen)
Director(SR)
