No. 20011/1/2012-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi,
Dated the 4th March, 2014
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(Mukta Goel)
Director
