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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MOST IMMEDIATE

No. 11/1/2011-CS.II(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Lok Nayak Bhavan, Khan Market, New Delhi-3
Dated, the 08th August, 2013.

OFFICE MEMORANDUM

Subject :- Fixation of range of seniority for promotion from UDCs of CSCS to Assistant Grade of CSS- Select List for the years 2009 – regarding.

The undersigned is directed to say that on the basis of the vacancy position intimated by CS.I Division, it has been decided by the competent authority to prescribe the range of seniority for the Select List of Assistant of CSS for the Years 2009 (Seniority Quota).

3. In order to avoid any disparity which may arise if the promotions are made on the basis of Cadre Seniority, the competent authority has also approved the range of seniority for promotion UDCs CSCS to Assistant Grade of CSS for the Select List Years 2009, on the basis of CSL of UDCs of CSCS finalized as per the information received from the Cadre Units and circulated by this Department vide OM No.20/53/2008-CS.II(B) Vol.II dated 16.12.2011.

4. The range of seniority for the Select List of Assistant of CSS for the year 2009 is as follows:

5. Cadre Units are also informed that the vacancies in SL 2009 may undergo a change. As no UDCs of ST category having 10 years of approved service are available for the Select List Year 2009, these unfilled vacancies are to be carried forward to the next Select List Years.

6. A list of UDCs (as in the Annexure-I) presently working as ad-hoc Assistants tobe considered for regularization is enclosed. Cadre Units are requested to take immediate action for their regularization by appointing them as Assistants against the Select List Year 2009 by conducting DPC within a period of one month. The Cadre Units must ensure that no official without vigilance clearance/unfit is appointed to Assistant Grade. It is also stated that the UDCs who are not in CSCS, due to retirement, technical resignation (and holding no lien on the post), VRS etc., may not be considered for promotion to Assistant Grade as they are not available for actual promotion.

7. All the eligible officials, in the said attached Annexure-I, may be appointed ‘as is where is basis’ i.e., in the Cadre Units where they are presently working within the sanctioned strength in that Cadre Unit. A copy of the appointment order may be endorsed to this Department for records. The seniority of these officials in Assistant Grade would be as per the CSL of UDCs prepared, circulated and finalized by this Department. Cases of refusal of promotion may be dealt with as per instructions contained in Department’s OM No.22011/5/86-Estt.(D) dated 10.04.1989. Relevant extract of the said OM was circulated vide this Department’s OM No. 5/1/2008-CSI(S) dated 08.04.2011.

8. A consolidated report indicating the name and details of the officials who have been appointed/promoted to Assistant Grade against the Select List year 2009 and a list of those UDCs who have not been promoted to Assistant Grade, with reasons, may also be furnished to this Department in the prescribed proforma (Annexure-II) by 10th September, 2013.

9. Further, it shall be specified in the orders to be issued by the Cadre Units that the appointment of these officials would be subject to the Outcome of W.P. No.209/2013 filed by Shri Ravinder Kumar Jha and others before the Hon’ble High Court of Delhi and order by Competent Court in any of the connected matters.

10. This OM is available on the website of this Department viz,:
www.http//persmin. nic.in
Department of Personnel & Training
Central Secretariat
Central Secretariat Clerical Service (CSCS)
Promotions
Zone of promotions (UDC to Assistant).

sd/-
(K. Suresh Kumar)
Under Secretary to the Govt. of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/1112011.pdf]

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Most Immediate
Reminder – II

No.4/4/2013-CS-II (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhavan,
New Delhi-I 10003.
Dated: 06/06/2013

OFFICE MEMORANDUM

Subject : Fixation of Range of Seniority for promotion from PA to PS Grade of CSSS Select list Year-2011-reg.

Reference is invited to this Departments’ O.M. of even number dated 28.03.2013 & subsequent reminder dated 07/05/2013 on the above mentioned subject. The requisite information regarding recommendation of DPC for promotion of eligible PA to PS Grade of CSSS for the Select List Year-2011 was required to be furnished in the prescribed proforma by 30/04/2013 by the Cadre Units of CSSS.

2. The requisite information from the Cadre Units addressed below has not so for been received despite a reminder. Thy non-receipt of this information is delaying the process of finalizing the panel of eligible officers for appointment to PS Grade of CSSS for the Select List Year-2011. The defaulting Cadre Units are requested to furnish the requisite information without further delay.

sd/-
Vandana Sharma
Director (CS-II)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/rem662013.pdf]
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2. The requisite information viz, recommendations of the DPC alongwith vigilance clearance of all the eligible officers who are working in their Cadre Units, including those who had been transferred to their Cadre Units from other Cadre Units on their ad-hoc promotion to PA grade of CSSS and duty filled -in option form (Annexure-VI) from the concerned officers have not yet been received from the Cadre Units addressed below, even after a lapse of considerable time.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/05102012.pdf]

The post Fixation of ‘range of seniority‘ (zone of promotion) for promotion of Stenographers Grade ‘D’ to Personal Assistant (PA) Grade of CSSS for the Select List Year- 2011 – regarding. appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.