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| Date | 1995-12-13 |
|---|---|
| Type | Commercial Circular |
| Topic | upgradation |
‘To sum up, the BCR scheme was an upgradation scheme give relief
a ee NE I ee NY ee IBS TT tens ene ON ETE ee ON TT TD eee constituted Review Committee to’assess the performance and suitability for advancement. The Screening was for the limited purpose of finding out whether the serviee record of the employee contained any adverse entries or whether thé employee had suffered punishment, The screening process did not involve consideration of comparative merit nor involve any selection, ‘The 10% posts were upgraded strictly by seniority subject to screening, This is evident from the terms of BCR scheme and the Circular dated 13.12.1995 which provided that the promotions to Grade IV were to be based on seniority in the basic grade from officers in Grade IIL, subject to fitness determined as per @fPBP manner, thats screening to ascertain 24. ‘To sum up, the BCR scheme was an upgradation scheme give relief against stagnation, It did not involve ereation of any new posts 23 involve advancement to a higher post, It did not involve any process of selection for conferment of the benefit of higher pay-scale. The upgradation was given to the senior most 10% of BCR scale employees in Grade IIL strictly as per seniority, BCR scheme as per circular dated 16.10.1990 was thus a scheme for upgradation simplicitor without involving any creation of additional posts or any process of selection for extending the benefit. Such a scheme of upgradation did not invite the rules of reservation, 25. We accordingly allow these appeals, set aside the orders of the High ‘ourt and the Tribunal and dismiss the Original Applications ‘challenging wrder of the telecom department dated 8.9.19, New Delhi; sie September 6, 2011 (Markandey Katju)
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