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 DOPT O.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
