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 thereof

The 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]

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3 Floor, Lok Nayak Bhawan
New Delhi-10003.
Dated the 3rd April, 2013

OFFICE MEMORANDUM

Sub:- Revision of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies — stepping up of notional full pension w.e.f.24.9.2012.

Orders for revision of 1/3 restored pension of absorbees, who had drawn lumpsum payment on absorption, were issued vide this Department O.M of even number dated 15/9/2008 As per para 2A of the said OM, the full pension of the absorbees was notionally revised w.e.f. 1.1.2006 in accordance with the instructions contained in this Department OM. No.38/37/08-P&PW(A) dated 1.9.2008. The payment of DR and additional pension to old pensioners is regulated on the basis of the notional full pension.

2. Instructions have been issued vide this Departments OM No.38/37/08-P&PW(A) dated 28.1.2013 for stepping up of the pension of pre-2006 pensioners w.e.f. 24.9.2012. Accordingly, the notional full pension of the absorbee pensioners would also be stepped up w.e.f. 24/9/2012 in accordance with the instructions contained in the aforesaid OM dated 28.1.2013. No arrear of DR and additional pension on notional full pension would be payable for the period prior to 24/9/2012.

3. Instructions have been issued on issuance of revised authority in respect of pre 2006 pensioners vide this Department OM No.38/37/08-P&PW(A) dated 13.2.2013. These instructions will also be applicable for issuance of revised authority in respect of absorbee pensioners.

4. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID. No 1(5)/E.V/2012 dated 15.03.13 and with concurrence of office of CAG, vide their ID No. 26-Staff Hak(rules)/4-2013 dated 25.03.2013.

sd/-
(Harjit Singh)
Deputy Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/RevisionofPension_03042013.pdf]

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Subject : Notional fixation of pay to officers included in USSL 2009 and 2010 reg.

The undersigned is directed to refer to references received from Ministries/ Departments forwarding therewith requests of officers included in USSLs 2009 & 2010 for notional fixation of pay in the grade of Under Secretary from 1 July of the Select List year. The issue has been examined in this Department.

2. It is informed that as per DPC guidelines promotions are effective from a prospective date. Grant of notional fixation of pay from a date prior to the date of actual promotion is not as per the general instructions on promotion. The pay and allowances attached to a post is admissible only w.e.f. the date of appointment to the post and for actual pay benefit, assumption of charge of the promotional post is the criterion.

3. It was decided by this Department that notional fixation of pay would not be allowed to any grade/ service on the ground of delayed holding of DPC. Accordingly, in the Office Memorandum of even number dated 26.11.2012 issued by this Department for inclusion of officers in USSL-2009 & 2010 no instructions were issued for notional fixation of pay.

4. Accordingly, notional fixation of pay in respect of officers included in USSL-2009 and 2010, w.e.f. 1 July of the Select List year is not consistent with extant rules/instructions on the subject and is not, therefore, allowed. All the Ministries/Departments are, therefore, requested to review the cases of fixation of pay of officers included in USSLs 2009 & 2010 and take steps to rectify the pay fixation in all those cases where the benefit of notional fixation of pay has incorrectly extended.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/NotionalPay_Fixation_US200910.pdf]

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Subject: – Issue of consideration of Stagnation Increment for the purpose of notional increment at the time of promotion.

The undersigned is directed to enclose BHEL. letter No. AA/HR/IR/520 dated 14.6.2012 on the subject mentioned above.

2. On promotion, the executive would be entitled to the benefit of one notional increment (3%) on his Basic Pay + Stagnation Increment, if any, and the pay would be fixed (rounded off to the next Rs.10), in the promoted scale. However, on promotion the pay so fixed should not exceed the maximum of the scale to which the executive  is promoted. In case his pay so arrived at is less than the minimum of the promoted
scale, he/she would be entitled to get the minimum of the scale. Further, DPE has recently issued detailed O.M. dated 14.12.2012 on various pay related issues of executives of CPSEs. A copy of O.M. dated 14.12.2012 is available on DPE website www.dep.nic.in

3. DHI being the administrative Ministry in respect of BHEL may suitably clarify to BHEL.

End. As above

DHI
(Shri S.K.Mishra, Under Secretary)
Udyog Bhawan,
New Delhi

Source : www.dpe.nic.in
[http://dpe.nic.in/sites/upload_files/dpe/files/glch04d24_08012013.pdf]

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The post Seniority of officers holding posts/grades in grades merged in pursuance of recommendations of Sixth Central Pay Commission appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.