Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion
DPCs
often do not consider such eligible officers who are retiring before
the occurrence of the vacancy in the panel year. These undesirable
trends negate the very purpose of the above said Office Memorandum No.
22011/4/98-Estt(D) dated October 12, 1998 and it is also against the
principle of natural justice.
No. 22011/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi – 110001
Dated- 14th November, 2014
OFFICE MEMORANDUM
Subject: –
Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion-Regarding
The
undersigned is directed to invite reference to the Department of
Personnel and Training Office Memorandum No. 22011/4/98-Estt(D) dated
October 12, 1998 regarding consideration of retired employees who were
within the zone of consideration in the relevant year(s) but are not
actually in service when the DPC is being held. The said OM provides as
follows:-
“…….There is no specific bar in the aforesaid Office
Memorandum dated April 10, 1989 or any other related instructions of the
Department of Personnel and Training for consideration of retired
employees, while preparing year-wise panel(s), who were within the zone
of consideration in the relevant year(s). According to legal opinion
also it would not be in order if eligible employees, who were within the
zone of consideration for the relevant year(s) but are not actually in
service when the DPC is being held, are not considered while preparing
year-wise zone of consideration/panel and, consequently, their juniors
are considered (in their places), who would not have been in the zone of
consideration if the DPC(s) had been held in time. This is considered
imperative to identify the correct zone of consideration for relevant
Year(s). Names of the retired officials may also be included in the
panel(s). Such retired officials would, however, have no justify for
actual promotion. The DPC(s) may, if need be, prepare extended panel(s)
following the principles prescribed in the Department of Personnel and
Training Office Memorandum No.22011/8/87-Estt.(D) dated April 9, 1996.”
Appointment
Committee of Cabinet has observed that DPCs often do not consider such
eligible officers who are retiring before the occurrence of the vacancy
in the panel year. These undesirable trends negate the very purpose of
the above said Office Memorandum No. 22011/4/98-Estt(D) dated October
12, 1998 and it is also against the principle of natural justice.
3.
All the Ministries/Departments are therefore advised to ensure strict
compliance of the instructions of the Department of Personnel &
Training issued vide this Department’s OM No. 22011/4/98-Estt(D) dated
October 12, 1998.
4. These instructions may please be brought out to the notice of all concerned including attached and subordinate offices.
sd/-
(S.K.Prasad)
Under Secretary to the Govt of India
Source; www,persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_1_2014-Estt.D-14112014.pdf]