Establishing equivalence of posts in CPSEs with Posts in Government for establishing Creamy Layer criteria

Establishing equivalence of posts in CPSEs with Posts in Government for establishing Creamy Layer criteria

DPE-GM-/0020/2014-GM-FTS-1740
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhavan,
Block No. 14, CGO Complex,
Lodhi Road, Newdelhi-110 003.

Dated 25th october, 2017

OFFICE MEMORANDUM

Subject: Establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria - regarding.

The undersigned is directed to refer to DoPT OM No. 41034/5/2014-Estt. (Res) Vol. IV-Part dated 6th October, 2017 (copy enclosed), vide which the decision of the Government has been conveyed on the general principles for equivalence of posts in CPSEs with posts in Government for determination of creamy layer criteria in terms of DoPT O.M. No. 36012/22/93-Estt. (SCT) dated 08-09-1993 on the subject of reservation for Other Backward Classes (OBC) in civil posts and services under the Government of India.

2. As the pay pattern, perks and allowances of posts in Central Public Sector Enterprises (CPSEs) are completely different from the posts in Government, determination of exact equivalence of CPSEs posts with Group A, B, C & D level posts in Government is not feasible. However, in view of the Government decision referred to in DoPT OM dated 06-10-2017, for determination of creamy layer criteria in CPSEs, the general principle would be that all the Executive level posts in CPSEs i.e. Board level Executives and below Board level Executives which are managerial level posts, will be considered as “creamy layer” subject to the proviso that those Executives whose annual income as per criteria given in DoPT OM 08-09-1993 is less than Rs. 8 lakhs (as amended vide DoPT OM No.  36033/1/2013-Estt.(Res) dated 13-09-2017), will not fall under creamy layer criteria.

3. All administrative Ministries/Departments concerned with CPSEs are requested to bring the contents of this GM to the notice of CPSEs under their administrative control for compliance and issuing necessary orders in accordance with the principles approved by the Government for determination of Creamy Layer criteria in respect of posts in the CPSEs.

4. This issues with the approval of Hon’ble Minister (HI&PE).

Encl. As above.
(J. N. Prasasd)
Director
__________________________________________________________________________________________________________________________________________________________________

No. 41034/5/2014 - Estt. (Res) Vol. IV - Part
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel &Training
North Block, New Delhi,

Dated: 06th October 2017

OFFICE MEMORANDUM

Subject - Establishing equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government for establishing Creamy Layer criteria - reg

The undersigned is directed to refer to DOPT OM No. 36012/22/93-Estt. SCT) dated 8.9.1993 (copy at Annexure I) regarding reservation for Other Backward Classes in civil posts and services under the Government of India. In items of para 3 of the said OM, similar instructions were to be issued in respect of Public Sector Undertakings and financial institutions including Public Sector Banks by Department of Public Enterprises and by the Ministry of Finance respectively.

2. Government had recently examined the proposal for establishing equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government for establishing Creamy Layer criteria amongst Other Backward Classes. The Cabinet in its meeting held on 8.8.2017, inter-alia, approved para 5.2 of the Cabinet Note wherein the general principles for determination of equivalence in respect of Public Sector Undertakings, Banks and Public Insurance organizations were proposed by the Ministry of Social Justice and Empowerment. Relevant extracts of para 5.2 and para 9 of the Cabinet Note are appended at Annexure II.

3. Department of Public Enterprises and Department of Financial Services are requested to advise all the public sector organizations under their respective administrative control to issue necessary orders immediately, in accordance with principles approved by the Cabinet as appended in Annexure II, so as to conclude the exercise before 31st March, 2018.

4. It is also requested that orders issued in the matter may kindly be arranged to be endorsed by all concerned to this Department as well as M/o Social Justice empowerment for our record.

(G. Srinivasan)
Deputy Secretary
Encl: As above
__________________________________________________________________________________________________________________________________________________________________

Department of Personnel  and Training OM. No.36012/22/93-Esu.(SCT), dated the 8th September 1993 to all Ministries/Department etc.

OFFICE MEMORANDUM

Subject -Reservation For Other Backward Class in Civil Posts and Serving under Government of India - Regarding.

The undersigned is directed to refer to this Department's OM. No.36012/31/90-Esu.(SCT) dated 13th August, 1990 and 25th December, 1991 regarding reservation for Socially Educationally Backward Classes in civil posts and Services under the Government of India and so that following the Supreme Court judgement in the Indira Sawhney and others Vs. Union of India and others case [Writ Petition (Civil) No. 930 of 1990) the Government of India appointed an Expert Committee to recommend the criteria for exclusions of the socially Backward Classes/persons/sections from the benefits of reservation for Other Backward Classes in civil posts and Services under the Government of India. Read More in Signed Copy. The Links given below.

Source: Go the given below link address for Order Copy
https://dpe.gov.in/sites/default/files/92.pdf
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