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.
2201114/98-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 right 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.”
2. 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.
(S.K.Prasad)
Under Secretary to the Govt. of
India
