This document clarifies the reservation status for Scheduled Caste (SC) and Scheduled Tribe (ST) employees when states reorganize. It explains that reservation benefits are only available to candidates who belong to a caste or community listed as SC/ST/OBC in their current state of domicile. The government has decided to treat employees whose caste is listed in the schedule of only one successor state as a special category. Their future allocation will be made to the state where their caste is listed or based on their option. This decision stems from representations received by the National Commission for Schedule Tribes and consultations with the Reservation Division.
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No.27/26/2006-SR(S)
Ministry of Personnel, P.G. \& Pensions
(Department of Personnel \& Training)
Government of India
$3^{\text {rd }}$ Floor, Lok Nayak Bhawan, New Delhi
Dated : 24.06 .2010
To
The Chief Secretary,
Government of Uttar Pradesh,
Lucknow.
The Chief Secretary,
Government of Uttarakhand,
Dehradun.
Subject : Clarification on allocation of SC / ST employees between the successor States in connection with reorganization of States – regarding.
Sir,
I am directed to refer to the above mentioned subject and to say that instructions were issued vide this department’s communication of even number dated 28/29.07.2008 stating that SC/ST employees would be allocated only to the State where their caste is listed in the schedule of the State or as per their option.
2. Large number of representations have been received in this department from individual employees and also from the National Commission for Schedule Tribes / National Commission for Schedule Castes stating that, in view of the Article 341 (1) and 342(1) of the Constitution, the benefits of reservation to the dependents of the SC / ST employees would not be available in the matter of admission to the educational institutions and appointments to the service of the State, if they are not permanent or ordinary residents of that State, even though their caste is listed in the schedule of that State.
3. The matter has again been examined by this Department in consultation with the Department of Legal Affairs, Min. of Law \& Justice and it has been decided, with the approval of the competent authority, that as far as possible, the allocation of SC / ST employees would be made to the State of their domicile or on option basis. To this extent para 2 of the communication of even number dated 28.07 .2008 is amended.
$q_{c}$ Yours faithfully.
Deputy Secretary to the Govt. of India
Tele Fax 01124623711
No.27/26/2006-SRS
Ministry of Personnel, P.G. \& Pensions
(Department of Personnel \& Training)
Government of India
Lok Nayak Bhawan, Khan Market,
New Delhi-110003.
Dated : $28^{\text {th }}$ July, 2008
To
Sh. N. S. Napalchayal,
Principal Secretary,
Reorganisation,
Government of Uttrakhand,
Dehradun.
Dr. R.C. Srivastava,
Principal Secretary,
Uttar Pradesh State Re-organisation Coordination Department,
Vikas Bhavan,
Janpath, Lucknow,
Uttar Pradesh.
Subject : Consideration of representations of the employees of reservation category where their caste is listed only in one of the successor State regarding.
Sir,
I am directed to say that the reference received from the National Commission for Schedule Tribes on the above mentioned issue has been examined in consultation with the Reservation Division of this Department. The Reservation Division has stated that the benefits of reservation in the matter of appointment to post or admission in educational institutions is available only to State candidates who belong to a caste / community which is categorised as SC / ST / OBC of the State and who are the ‘domicile’ of the State. It has recommended for allocating such candidates to the successor State where his caste is listed in the schedule, as per his option.
2. Keeping the advice of the Reservation Division in view, it has been decided to treat the employees, whose caste has been categorized as SC /ST /OBC only in one of the successor States, as special category, and all future allocation of these employees is to be made only to that State where their caste is listed in the schedule of the State or as per their option.
Yours faithfully,
Deputy Secretary to the Government of India
Tele.Fax:01124623711