Dopt orders on inter se seniority of direct recruits and promotees - instructions thereof
No. 20011/1/2012-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi,
Dated the 4th March, 2014
OFFICE MEMORANDUM
Subject:
Inter se seniority of direct recruits and promotees - instructions thereofThe
undersigned is directed to refer to the subject mentioned above and to
say that the fundamental principles of inter se seniority of direct
recruits and promotees in Central Civil Services/posts were laid down in
the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS
dated 29.12.1959 which provided, Inter alia, that the relative seniority
of direct recruits and of promotees shall be determined according to
the rotation of vacancies between direct recruits and promotees, which
shall be based on the quotas of vacancies reserved for direct
recruitment and promotion respectively, in the Recruitment Rules.
2.
The carrying forward of unfilled slots of a vacancy year, for being
filled up by direct recruits of later years, was dispensed with through
modified instructions contained in D0PT 0.M. No.35014/2/80-Estt.(D)
dated 7.2.1986 which provides that rotation of quotas for purpose of
determining seniority would take place only to the extent of the
available direct recruits and the promotees. The unfilled direct
recruitment/promotion quota vacancies would be carried forward andadded
to the corresponding direct recruitment/promotion quota vacancies of the
next year (and to subsequent years where necessary) for taking action
for the total number of direct recruitment/promotioal according to the
usual practice. Thereafter, in that year, while seniority will be
determined between direct recruits and promotees, to the extent of the
number of vacancies for direct recruits and promotees, as determined
according to the quota for that year, the additional direct
recruits/promotees selected against the carried forward vacancies of the
previous year, would be placed en-bloc below the last promotee/direct
recruit, asthe case may be, in the seniority list, based on the rotation
of vacancies for that year.
3. All the existing instructions on
seniority were consolidated by DOPT through a single OM. No. 22011/7/86
Estt(D) dated 03.07.1986.
4. In view of divergent stance taken by
different Ministries/Departments on interpretation of ‘available direct
recruits and promotees’ in the context of OM dated 7.2.86, the DoPT had
issued O.M. No. 20011/1/2006-Estt.(D) dated 3.3.2008 which provided
that the actual year of appointment, both in the case of direct/recruits
and prornotees, would be reckoned as the year of availability for the
purpose of rotation and fixation of inter se seniority.
5. The
matter has been examined in pursuance of Hon’ble Supreme Court Judgment
on 27.11.2012, in Civil Appeal No. 7514-7515/2005 in the case of
N.R.Parmar vs. UOl & Ors in consultation with the Department of
Legal Affairs and it has been decided, that the manner of determination
of Inter-se-seniority of directrecruits and promotes would be as under:
a) DoPT OM No. 20011/1/2006Æstt.(D) dated 3.3.2008 is treated as non-existent/withdrawn ab initio;
b)
The rotation of quota based on the available direct recruits and
promotees appointed against the vacancies of a Recruitment Year, as
provided In DOPT O.M. dated 7.2.1986/3.07.1986, would continue to
operate for determination of inter se seniority between direct recruits
and promotees;
c) The available direct recruits and promotees,
for assignment of inter se seniority, would refer to the direct recruits
and promotees who are appointed against the vacancies of a Recruitment
Year;
d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year;
e)
Initiation of recruitment process against a vacancy year would be the
date of sending of requisition for filling up of vacancies to the
recruiting agency in the case of direct recruits; in the case of
promotees the date on which a proposal, complete In all respects, is
sent to UPSC/Chairmarn-DPC for convening of DPC to fill up the vacancies
through promotion would be the relevant date.
f) The initiation
of recruitment process for any of the modes viz, direct recruitment or
promotion would be deemed to be the Initiation of recruitment process
for the other mode as well;
g) Carry forward of vacancies against
direct recruitment or promotion quota would be determined from the
appointments made against the first attempt for filling up of the
vacancies for a Recruitment Year;
h) The above principles for
determination of inter se seniority of direct recruits and promotees
would be effective from 27.11.2012, the date of Supreme Court Judgment
in Civil Appeal No. 7514-7515/2005 In thecase of N.R. Parmar Vs. UOl
& Ors
I) The cases of seniority already settled with
reference to the applicable interpretation of the term availability, as
contained in DoPT O.M. dated 7.2.86/3.7.86 may not be reopened.
7.
As the conferment of seniority would be against the Recruitment Year in
which the recruitment process is initiated for filling up of the
vacancies, It is incumbent upon all administrative authorities to ensure
that the recruitment process is initiated during the vacancy year
itself. While requisition for filling up the vacancies for direct
recruitment should be sent to the recruiting agency, complete in all
respects, during the vacancy year itself, the timelines specified in the
Model Calendar for DPCs contained in DoPT O.M.
No.22011/9/98-Estt(D)dated 8.9.98 and the Consolidated Instructions on
DPCs contained In O.M.No.22011/S/86-Estt(D) dated April 10, 1989 should
be scrupulously adhered to, for filling up the vacancies against
promotion quota.
sd/-
(Mukta Goel)
Director
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/20011_1_2012_Estt_D.pdf]
No. 20011/1/2012-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi,
Dated the 4th March, 2014
OFFICE MEMORANDUM
Subject:
Inter se seniority of direct recruits and promotees - instructions thereofThe
undersigned is directed to refer to the subject mentioned above and to
say that the fundamental principles of inter se seniority of direct
recruits and promotees in Central Civil Services/posts were laid down in
the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS
dated 29.12.1959 which provided, Inter alia, that the relative seniority
of direct recruits and of promotees shall be determined according to
the rotation of vacancies between direct recruits and promotees, which
shall be based on the quotas of vacancies reserved for direct
recruitment and promotion respectively, in the Recruitment Rules.
2.
The carrying forward of unfilled slots of a vacancy year, for being
filled up by direct recruits of later years, was dispensed with through
modified instructions contained in D0PT 0.M. No.35014/2/80-Estt.(D)
dated 7.2.1986 which provides that rotation of quotas for purpose of
determining seniority would take place only to the extent of the
available direct recruits and the promotees. The unfilled direct
recruitment/promotion quota vacancies would be carried forward andadded
to the corresponding direct recruitment/promotion quota vacancies of the
next year (and to subsequent years where necessary) for taking action
for the total number of direct recruitment/promotioal according to the
usual practice. Thereafter, in that year, while seniority will be
determined between direct recruits and promotees, to the extent of the
number of vacancies for direct recruits and promotees, as determined
according to the quota for that year, the additional direct
recruits/promotees selected against the carried forward vacancies of the
previous year, would be placed en-bloc below the last promotee/direct
recruit, asthe case may be, in the seniority list, based on the rotation
of vacancies for that year.
3. All the existing instructions on
seniority were consolidated by DOPT through a single OM. No. 22011/7/86
Estt(D) dated 03.07.1986.
4. In view of divergent stance taken by
different Ministries/Departments on interpretation of ‘available direct
recruits and promotees’ in the context of OM dated 7.2.86, the DoPT had
issued O.M. No. 20011/1/2006-Estt.(D) dated 3.3.2008 which provided
that the actual year of appointment, both in the case of direct/recruits
and prornotees, would be reckoned as the year of availability for the
purpose of rotation and fixation of inter se seniority.
5. The
matter has been examined in pursuance of Hon’ble Supreme Court Judgment
on 27.11.2012, in Civil Appeal No. 7514-7515/2005 in the case of
N.R.Parmar vs. UOl & Ors in consultation with the Department of
Legal Affairs and it has been decided, that the manner of determination
of Inter-se-seniority of directrecruits and promotes would be as under:
a) DoPT OM No. 20011/1/2006Æstt.(D) dated 3.3.2008 is treated as non-existent/withdrawn ab initio;
b)
The rotation of quota based on the available direct recruits and
promotees appointed against the vacancies of a Recruitment Year, as
provided In DOPT O.M. dated 7.2.1986/3.07.1986, would continue to
operate for determination of inter se seniority between direct recruits
and promotees;
c) The available direct recruits and promotees,
for assignment of inter se seniority, would refer to the direct recruits
and promotees who are appointed against the vacancies of a Recruitment
Year;
d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year;
e)
Initiation of recruitment process against a vacancy year would be the
date of sending of requisition for filling up of vacancies to the
recruiting agency in the case of direct recruits; in the case of
promotees the date on which a proposal, complete In all respects, is
sent to UPSC/Chairmarn-DPC for convening of DPC to fill up the vacancies
through promotion would be the relevant date.
f) The initiation
of recruitment process for any of the modes viz, direct recruitment or
promotion would be deemed to be the Initiation of recruitment process
for the other mode as well;
g) Carry forward of vacancies against
direct recruitment or promotion quota would be determined from the
appointments made against the first attempt for filling up of the
vacancies for a Recruitment Year;
h) The above principles for
determination of inter se seniority of direct recruits and promotees
would be effective from 27.11.2012, the date of Supreme Court Judgment
in Civil Appeal No. 7514-7515/2005 In thecase of N.R. Parmar Vs. UOl
& Ors
I) The cases of seniority already settled with
reference to the applicable interpretation of the term availability, as
contained in DoPT O.M. dated 7.2.86/3.7.86 may not be reopened.
7.
As the conferment of seniority would be against the Recruitment Year in
which the recruitment process is initiated for filling up of the
vacancies, It is incumbent upon all administrative authorities to ensure
that the recruitment process is initiated during the vacancy year
itself. While requisition for filling up the vacancies for direct
recruitment should be sent to the recruiting agency, complete in all
respects, during the vacancy year itself, the timelines specified in the
Model Calendar for DPCs contained in DoPT O.M.
No.22011/9/98-Estt(D)dated 8.9.98 and the Consolidated Instructions on
DPCs contained In O.M.No.22011/S/86-Estt(D) dated April 10, 1989 should
be scrupulously adhered to, for filling up the vacancies against
promotion quota.
sd/-
(Mukta Goel)
Director
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/20011_1_2012_Estt_D.pdf]
