CHAPTER XXvI

APPENDICES TO :

CHAPTER PAGE

II 325

III • • 327

XvI 330

XVIII ••• • • 333

XIX • • • • • • •• 337

XXII • • • • • • •• ••• 352

XXIII • • • • 356

XXIV •• •• •• • • • • 361

XXV ••• • • • • •.• ••• 370

323

42-35Per Trg/87

APP.LNDIX 10 CLASSIFICATION & STATUS OF POSTS : CHAPTER ri

No. 21/2/74-Estt(D) GOVERNMENT OF INDIA

DEPARTMENT OF PERSONNEL & A.R. New Delhi, the 11th November 1975

NOTIFICATION

In exercise of the powers conferred by Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules 1965, as amended by the Central Civil Services (Classification Con-trol & Appeal) Amendment Rules 1975 and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, (subject to such exceptions as Government may, by any general or spepcial order, make from time to time), be reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below :—

Existigg Classification Revised Classification Class I Group A Class II Group B Class III Group C Class IV Group D

Provided that- (i) the classification of any posts created or deemed to have been created on or after

1-1-1973 in the revised scale but before the date of issue of this order, as specific additions to cadres existing prior to 1-1-1973 shall be the same as that of the posts in the cadres to which they have been added and

(ii) any other posts not covered by (i) above created or deemed to have been created in the revised scale of pay on or after 1-1-1973 but before the date of issue of this order having a classification higher than the one envisaged by para 2 of this order shall be reclassified in terms of that paragraph but without prejudice to the status of the existing incumbents of such posts.

2. Subject to reclassification of posts as indicated above, and also subject to such excep-tions as Government may, by any general or special order, make from time to time, all Central Civil Posts created subsequent to the issue of this order shall be classified as follows :—

SI. Description of posts Classification of No. posts

1. A central Civil posts carrying a pay or a scale of pay with a maximum of not less than Rs. 1300.00

2. A Central Civil Post carrying a pay or a scale of pay with a maximum of not less than Rs. 900.00 but less than Rs. 1300 .00

3. A Central Civil Post carrying a pay or a scale of pay with a maximum of over Rs. 290.00 but less than Rs. 900.00

4. A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 290.00 or less

Group A

Group B

Group C

Group

Provided that posts created subsequent to the issue of this order as specific additions to existing cadres shall have the same classification as posts in the cadre to which they are added.

325

326

Note : For the purposes of this order-

(i) 'pay' has the meaning assigned to it in F.R. 9(21) (a) (i). (ii) The pay or scale. of pay of a post means the pay or scale of pay prescribed under

the Central Civil Services (Revised Pay) Rules, 1973. Sd/-

(S. KRISHNAN) Director

No. 21/ 2174-Estt (D) New Delhi-110001, the 11th November. 1975.

Copy to All Ministries etc.

APPENDIX TO MODE M RECRUITMENT & APPOINTMENT : CHAPTER Ill

No. 21.011/3/83-Estt(C) GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIN MANTRALAYA

DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS (KARMIK AUR PRASHASNIK SUDHAR VISHAG)

New Delhi, the 5th December 1984

OFFICE MEMORANDUM

SUBJECT :—Probation in various Ce!:tral Services

The undersigned is directed to invite attention to para 3 (iii) of this Department's O.M. No. 21011/2/80-Estt(C), dated 19-5-1983 under which there will be no probation for a person pro-moted from one grade to another within the same service, except where the promotion involves a change in the Group of posts in the same service. it was subsequently clarified vide this Depart-ment's O.M. No. 21011/3/83-Estt(C) dated 24-2-84 that the provision of para 3(iii) of O.M. of 19-5-83 is primarily intended for organised services. The distinction between an organised service and isolated posts for purpose of probation for promotees was made because it was felt that the posts included in a service have generally identifiable and specified functions and at each level the subject matter dealt with is the same, though there is a difference in the level of respon-sibilities. The matter has been re-examined in this Department and it has been found that even in the case of isolated posts unless the qualifications prescribed and the nature of functions are strictly related, the method of promotion is not being prescribed in the Recruitment Rules. A group of related isolated posts have also identifiable and specified functions and generally there is only difference in the level of responsibility rather than in the nature of duties performed at diffe-rent levels. It has, therefore, been decided after consulting the Union Public Service Commission that the provisions of para 3(iii) of O.M. dated 19-5-83 referred to above will also be applicable

to isolated posts.

No. 21011/2/80-Estt.(C) GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS DEPARTMENT OF PERSONNEL & A.R.

New Delhi, the 19th May 1983

OFFICE MEMORANDUM

SUBJECT :---Probation in various Central Services The undersigned is directed to refer to Ministry of Home Affairs O.M. No. 44/1 /59-Estt.(A)

dated the 15th April, 1959 on the subject cited above. The matter has been under consideration for quite sometime past in consultation with the Ministry of Law. U.P.S.C. and the Comptroller and Auditor General of India with particular reference to the question whether any period of probation should be prescribed in respect of the persons recruited to the posts in pay-scales' the

3/7

32S

minimum of which is Rs. 2,000/- and above, as also in respect of the promotees from one grade to another. According to para 6 of the existing instructions contained in the aforesaid U.M. dated the 15th April, 1959, it is laid down that the period of probation should normally be two years so as to have uniformity with regard to the period of probation in different services. It is further provided that where there arc any special reasons for prescribing a longer or shorter period, a suitable period may be fixed in consultation with the Ministry of Home Affairs.

2. Para 7 of the aforesaid O.M. stipulates that the fresh entrants as well as those promoted should be kept on probation for a period of two years to judge the potentialities of an officer for a higher service.

3. On review, it has now been decided that :— (i) Save as provided in clause (ii) below, direct recruits to a post/service shall be on

probation for a period of 2 years.

(ii) Direct recruits to posts carrying a pay scale the minimum of which is Rs. 2000/- or above, or to posts for which the age of entry is 35 years or above and where no training is involved, shall be on probation for a period of 1 year only.

(iii) Persons who are inducted into a new service through promotion shall also be placed on probation for two years; but there will be no probation for a person promoted from one grade to another within the same service, except where the promotion involves a chan2c in the Group of posts in the same service, e.g., promotion from Group 'B' to Group 'A' in which case the probation shall be for 2 years.

(iv) Wherever probation includes 'on the job' or 'institutional' training combined with actual performance on the job, probation for a period of two years should be pres-cribed in the recruitment rules.

(v) In the case of those who arc re-employed before the 'age of superannuation e.g. ex-Military personnel there will be a probation of two years on their appointment/ re-employment to civil posts except in respect of cases covered by clause (ii) above.

(vi) There will be no probation in the case of officers appointed to various posts on :

(a) contract basis; (b) deputation; (c) tenure basis; (d) re-employment after superannuation; and (e) permanent transfer.

4. On the expiry of the period of probation, steps should be taken to obtain the assessment reports on the probationer and to :—

(i) Confirm the probationer/issue orders regarding satisfactory termination of probation, as the case may be, if the probation has been completed to the satisfaction of the competent authority; or

(ii) Extend the period of probation [in terms of para 7(8) of the O.M. dated 15-4-1959.) or discharge the probationer or terminate the services of the probationer as the case may be, in accordance with the relevant rules and orders, if the probationer has not completed the period of probation satisfactorily.

5. The date from which confirmation should be given effect to is the date following the date of satisfactory completion of the prescribed period of probation or the extended period of proba-tion, as the case may be. The decision to confirm the probationer or to extend the period of probation as the case may be, should be communicated to the probationer normally within 6 to 8 weeks. Confirmation of the probationer after completion of the period of probation is not auto-

3 29

matic but is to be followed by formal orders. As long as no specific orders of confirmation or satisfactory completion of probation are issued to a probationer, such probationer shall be deemed to have continued on probation.

6. The instructions contained in the O.M. of 15th April, 1959 referred to in para 1 above may be treated as amended to the extent stated in the preceding paragraphs.

7. Wherever considered necessary, a corresponding change in the relevant service rules may be made in consultation with this Department in the light of the instructions contained in the foregoing paragraphs.

8. Insofar as persons serving in the Indian Audit and Accounts Department are concerned, this issues with the concurrence of the Comptroller and Auditor General of India,

APPENDIX TO SENIORITY : CHAPTER XVI

M.B.A. O.M. No. 9/11/55-RPS, dated 22-124959

SUBJECT :—General Principles for determining • seniority of rariou.s categories of nerson% em-ployed in Central Services.

As the Ministries of the Governments are aware, instructions have been issued from time to time regarding the principles to bc observed in the method of determining seniority vide Office Memorandum cited below :—

(i) Office Memorandum No. 30/44/48-Apptts. dated the 22nd June, 1949; (ii) Office Memorandum No. 65/28/49-DGS(Apptts.) dated the 3rd February, 1950 and

other subsequent Office Memorandum regarding fixation of seniority of ex-employees of the Government of Burma;

(iii) Office Memorandum No. 31/223/50-DGS dated the 27th April, 1951 and other subsequent Office Memoranda regarding fixation of seniority of displaced Government servants;

(vi) Office Memorandum No. 9/59/56-RPS dated 4th August, 1956.

The instructions contained in this Ministry's Office Memorandum No. 30/44/48-Apptts, dated the 22nd June, 1949 were issued in order to safeguard the interests of displaced Government servants appointed to the Central Services after partition. As it was not possible to regulate the seniority of only displaced Government servants by giving them credit for previous service, the instructions were made applicable to all categories of persons appointed to Central Services. The principles contained in the 22nd June, 1949 orders were extended to—

(1) ex-Government servants of Burma appointed to Central Services; and (2) the employees of former Part 'B' States taken over to the Centre as a result of Federal

Financial Integration.

The instructions contained in this Ministry's Office Memorandum No. 32/10/49-CS, dated the 31st March; 1950 and No. 32/49-CS (C), dated the 20th September, 1952 similarly regulate the seniority of candidates with war service appointed to the Central Services.

2. The question has been raised whether it is necessary to continue to apply the instructions contained in the Office Memoranda cited above. Displaced Government servants have by and large been absorbed in the various Central Services and their seniority has been fixed with reference to the previous service rendered by them. Similarly, the seniority of ex-employees of the Govern-ment of Burma and of Part 'B' States as well as of candidates with war service has already been determined in accordance with the instructions cited above. As the specific objects underlying the instructions cited above have been achieved, there is no longer any reason to apply these instruc-tions in preference to the normal principles for determination of seniority. It has, therefore. been decided in consultation with the U.P.S.C. that hereafter the seniority of all persons appointed to the various Central Services after the date of these instructions should be determined in accordance with the General Principles annexed hereto.

3. The instructions contained in the various Office Memoranda cited in para 1 above arc hereby cancelled. except in regards to determination of seniority of persons appointed to the various Central Services prior to the date of this Office Memorandum. The revised General Prin-ciples embodied in the Annexure will not apply with retrospective effect. but will come into force with effect from the date of issue of these orders. unless a different date in respect of any particular service/grade from which these revised principles are to be adopted for purposes of determining seniority has already been or is hereafter agreed to by this Ministry.

330

ANNEXURE

CENER 41, PRINCIPLES FOR DE7'F,RMINATION OF SENIORITY IN THE CENTRAL SERVICES

I. (i) Those principles shall apply to the determination of seniority in Central Civil Services and Civil posts except such services and posts for which separate principles have already been issued or may be issued hereaftetr by Government. Ministries or Departments which have made separate rules or issued instructions on the basis of instructions contained in the Ministry of Home Affairs 0. M. No. 30/44/48-Appts. dated the 22nd June, 1949 are requested to consider modification of those rules or instructions on the basis of these general principles. However, whenever it is considered necessary to follow principles different from those laid down in this Memorandum, a specific reference should be made to the Ministry of Home Affairs* (Now Department of Personnel and Training) who will consult the UPSC. As regards individual cases, the Ministry of Home Affairs* (Now Department of Personnel and Training) will decide the cases on which the advice of the Commission should be obtained.

(ii) Notwithstanding anything contained in those General principles, the seniority of persons belonging to the following categories will, on their appointment to a Central Civil Service, or a Civil post, continue to be determined by the instructions noted against each such category :—

Ex-Government servants penalised for'their patriotic M.H.A. 0. M. No. 6/4/52-S & NG dated 29-5-57. activities

(b) Central Government employees discharged on O.M. No. 37/1/52-DOS, dated 10-7-54 (subsequent- account of affliction with T.B., Pleurisy or Leprosy. ly extended to ex-pleurisy/Leprosy patients vide

0. M. No. 13/4/56-RPS dated 29-9-56 and 13/4/57- RPS dated 14-7-58.

(e) Permanent displaced Government servants nominated O.M. No. 30/44/48-Appts. dated 29-6-49. by the Transfer Bureau to purely temporary organi- sations. who consequent on their retrenchment, were absorbed in other offices.

2. Subject to the provision of para 3 below, persons appointed in a substantive or officiating capacity to a grade prior to the issue of these General Principles shall retain the relative seniority already assigned to 'them or such

seniority as may hereafter be assigned to them under the existing orders applicable to their cases and shall be en- block senior to all others in that grade.

Explanation :—For the purpose of these principles (a) persons who are confirmed retrospectively with effect from a date earlier than the issue of these General principles; and (b) persons appointed on probation to a permanent post substantively vacant in a grade prior to the issue of these General principles, shall be considered to be permanent officers of the grade.

3, Subject to the provisions of para 4 below, permanent officers of each grade shall he ranked senior to persons who are officiating in that grade.

4, Direct Recruits.

Notwithstanding the provisions of para 3 above, the relative seniority of all direct recruits shall be determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of subsequent selection.

Provided that where persons recruited initially on a temporary basis arc confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.

5, Promotees

(i) The relative seniority of persons promoted to the various grades shall he determined in the order ".of their selection for such promotion. "

Provided that where persons promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their promotion, seniority shall follow the order of confirmation and not the original order of merit.

• (ii) Where promotions to a grade arc made from more than one grade, the eligible persons shall be 'arranged in separate list in the order of their relative seniority in their respective grades. Thereafter, the Departm. t tal Promotion Committee shall select persons for promotion from each list upto the prescribed quota and arrange all the candidates selected from different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher grade. *NoviDebarfrnent of Personnel and Training.

331

(a)

43-:-35Pir Trk/87

332

Note :— If separate quotas for promotion have not already been prescribed in the relevant recruitment rules, the Ministries/Departments may do so now, in consultation with the Commission wherever necessary.

'6. Relative seniority of Direct Recruits and Promotees. The relative seniority of direct recruits and of promoters shall he determined according to the rotation of

vacancies between direct recruits and promoters which shall be based on the quotas of vacancies reserved for direct recruitment and pro.rption respectiwly in the Recruitment Rules,

7. Transferees

(i) The relative seniority of persons appointed by transfer to a Central Service from subordinate offices of the Central Government or other Departments of the Central or State Governments shall be determined in accordance with the order of their selection for such transfer.

(ii) Where such transfers arc effected against specific quotas prescribed in the recruitment rules therefor, the relative seniority of such transferees vis-a vis direct recruits and promotes shall be determined according to the rotation of vacancies which shall be based on the quotas reserved for transfer, direct recruitment and promotion respectively in the Recruitment Rules.

(iii) Where a person is appointed by transfer in accordance with a provision in the Recruitment Rules providing for such transfer in the event of non-availability of a suitable candidate by direct recruitment or promotion, such transferees shall be, grouped with direct recruits or promotion, as the case may be, for the purpose of para 6 above. He shall be ranked below all direct recruits or promotees, as the case may be, selected on the same occasion.

8. Persons appointed on ad hoc basis to a grade without consultation with the UPSC under Regulation 4 of the UPSC (Exemption from Consultation) Regulation, 1958, are to be replaced by persons approved for regular appoint-ment by direct recruitment, promotion or transfer, as the case may be, until they are replaced, such persons will he shown in the order of their ad hoc appointments and below all persons regularly appointed to the grade.

EXPLANATORY MEMORANDUM

General Principle 4 : The Union Public Service Commission invariably indicate the order.of preference at the time of selection and it will not, therefore, be difficult to determine the relative seniority of persons recruited through the Commission. In order to obviate difficulties in determining the relative seniority of direct recruits recruited otherwise than through the UPSC, the selecting authority should indicate the order of merit at the time of selection.

General Principle 5 (1) : Where promotions are made on the basis of selection by a DPC, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee. Where Promotions are made on the basis of seniority subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shalt be the same as the relative seniority in the Lower grade from which they are promoted. Where, however, a person is considered as unfit for promotion and is superseded by a junior such person shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him.

General Principle 5 (ii) : Illustration : Where 75% of the vacancies in the grade of Head Clerk are reserved for promotion from the grade of Upper Division Clerk and 25% from the grade of Store-Keeper, the eligible UPSC and Store-Keeper shall be arranged in separate lists with reference to their relative seniority in those grades. The DPC will make selection of three candidates from the list of UDC and 1 from :the list of Store-Keepers. Thereafter the selected persons from each list shall be arranged in a single list in a consolidated order of merit assessed by the DPC which will determine the seniority of the persons on promotion to the higher grade.

General Principle 6 : A roster should be maintained based on the reservation for direct recruitment and pro-m -1 t ion in the Recruitment Rules. Where the reservation for each method is 20% the roster will run as follows

(1) Promotion, (2) Direct Recruitment, (3) Promotion, (4) Direct Recruitment and so on. Appointment should be made in accordance with this roster and seniority determined accordingly.

Illustration : Where 75% of the vacancies are reserved for promotion and 25% for direct recruitment, each direct recruit shall be ranked in seniority below 3 promotees. Where the quotas are 50% each, every direct recruit shall be ranked below a promote°. If for any reason, a direct recruit or a promotee ceases to hold the appointment in the grade, the seniority list shall not be re-arranged merely for the purpose of ensuring the promotion referred to above.

General Principle 7 (i) : The Principle laid down in pare 7 (i) will not present any difficulty where recruit-ment by transfer is made singly and at intervls but it will be found wanting .in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for anproving appointments by transfers in indicate the inter- se order of merit of the selected persons in such cases.

General Principle 8 : While the seniority of persons appointed on ad hoc basis will be determined as indicated in pare 8 of the Annexure, the seniority list should clearly show that such persons are not eligible for promotion or confirmation . "

APPENDIX TO PROMOTION .: CHAPTER XVIII s

No. 22011/3/76-Estt(D)

. GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

DEPARTMENT OF PERSONNEL & AR

New Delhi, the 24th Dec., 1980

OFFICE MEMORANDUM

SUBJECT—Principles for promotion to 'Selection' posts.

Large number of clarifications are being sought by the various Ministries/Departments on various aspects while preparing a panel for posts to be filled on the basis of selection. The vari-ous points raised are as below :-

1, The absence of clearly defined limits in the matter of fixation of the zone of consi-deration has led to lack of uniformity of practice between the various DPCs;

2. In a number of cases the meetings of the DPCs arc not held annually as required even though there were vacancies resulting in the bunching of vacancies which in turn enlarged the field of choice and upset the relative seniority positions in the higher grade on account of supersessions.

3. In a number of cases some of the senior officers even though included in the panel for promotion do not get promotion

not to their being away from the parent department

and at 'the same time are also not eligible for proforma promotion under the NBR due to the application of the one to one correspondence or due to the fact that they are being the junior most in the panel below them and this has resulted in their re-consideration by the next DPC thereby resulting in loss of seniority to them.

4. In certain cases Recruitment Rules arc amended when a panel already prepared is still in operation and therefore whether the panel can still be operated after. the amendment.

2. All the above aspects have been carefully considered and the following instructions are issued for the guidance of alb Ministries.

3. Zone of consideration for promotion to postsfilled by selection

Reference is invited to the Ministry of Home Affairs (now Department of Personnel & AR) O.M. No. 1 /4/55-RPS dated 16-5-57 laying down certain principles for promotion. In the operation of these principles it has been observed that the absence of clearly defined limits on the extent of the field of choice and upset the relative seniority in the higher post with reference to the positions which would not have resulted had the DPCs met at the appropriate time. In view of considerations it has been decided in consultation with the UPSC as under in supersession of this Department's O.M. No. 1/4/55-RPS dated 16-5-57 and all other memoranda having any bearing on the matter herein dealt with.

(a) The Departmental Promotion Committee (DPC) shall for the purpose of determin-ing the number of officers who would be considered from out of those eligible offi-cers in the -feeder grade(s) restrict the field of choice as under, with reference to the number of clear regular vacancies proposed to be'filled in the year.

333

• 334

No. of vacancies No. of olliccis w be considered (1) (2)

• 1 5 2 8 3 10 4or more 3 times the number of Va-

cancies

,(b) Where, however, the number of eligible officers in. the feeder gracie(s) is less than the number in Col. (2) above, all Inc officers so eligible should be considered.

(c) Where adequate number of SC/ST candidates are not available within the normal field of choice as above, the field of choice may be eitendcd to 5 times the number of vacancies and the SC/SI candidates (and not any other coming within the extended field of choice, should also be considered against the vacancies reserved for them.

Officers belonging to SC/ST selected for promotion against vacancies reserved for .them from out of the extended field of choice under sub para (c) above, would, however, be placed en bloc below all the other officers selected from within the normal field of choice.

4. Preparation of year-wise panels by DPC where they have not met for a number of years:

(a) Instructions already exist that DPCs should meet at regular annual intervals for the preparation of select lists and where no such meeting is. held in any year, the appointing autho-rity should record a certificate that there were no vacancies to be filled during the year. AdminIS-tmtive Ministry should obtain periodical information/certificates on the regular holding cif DPCs.

(b) Where, however, for reasons beyond control, DPC coul dnot be held in any year(s) even though the vacancies arise during that year(s), the first DPC that meets thereafter should follow dal following procedure :

(i) Determine the actual number of regular vacancies that arose in each of the pre-vious year/years immediately preceding and the actual number of regular vacan-cies proposed to be filled in the current year separately.

(ii) Consider in respect of each of the years those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards.

(I) Prepare a "select list' by placing the select list of the earlier year above the one for the next and so on.

(iv) Prepare a consolidated 'select list' by placing the select list of the earlier year above the one for the next and so on.

Illustration :DPC meets in 1980. Number of vacancies in the year 1973 and 1979 were 8 and 7 respectively. It is proposed to fill also 9 more vacancies during 1980. There are 100 eli-gible officers.

Panel for 1978 No. of vacancies-8. Field of choice--24. Take officers-1 to 24. DPC elissified—Sl. No. 20 as 'Outstanding' and Sl. No. 7 and 15 'not fit' and rest `Very Good'. Panel list will be—S1. Nos. 20, 1, 2, 3, 4, 5, 6, 8.

Panel for 1979 No. of vacancies 7. field of choice 21. This comprises officers Nos. 7, 9 to 19, 21 to 29

(total 21).

S

335

The DPC classified No. 7 as not yet fit and rest 'Very Good'. Panel will comprise of Sl. Nos. 9 to 15.

Panel for 1980 No. of vacancies 9, field of choice 27. This will comprise Nos. 7, 16 to 19, 21 to 42. No. 40 is graded 'Very Good' and We rest as Good.

Consolidated select list Sl. Nos. 20, 1 to 6, 8, 9 to 15, 40, 7, 16 to 19, 21, 22, 23. (c) For the purpose: of evaluating the merit of the officers, the record of service of the

officers for, the purpose of considering for inclusion in the panel relevant to any of the earlier years as contemplated in clause (b) above should be limited to the record that would have been available had the DPC met at the appropriate time; for instance, for preparing the panel relating to the vacancies of 1978 records ol service of the officers only upto 1978 should be taken into account and not the subsequent ones. However, if on the date of actual DPC (1980 in the Illustration) Departmental proceedings arc in progress and under the existing instructions sealed cover procedure is to be folloWed, such procedure should be observed even if no such proceedings were in existence in the year to which the vacancy related (e.g. if the illustration, in respect of officer No. 6 employed against a 1978 vacancy even though the disciplinary pro-ceedings were started only in 1980 (prior to DPC meeting), his name has to be kept in the sealed cover till the proceedings arc finalised.

(d) While proMotions will be made in the order of the consolidated select list such pro-motion will have only prospective effect, even in cases where the,vacancy relates to an earlier year.

5. Consideration of the cases of officers who are away on deputation by the DPC where they have been empanelled by the earlier DPC but not eligible for benefits under the N.B.R.

Under this Department's U.M. 'No. 1/4/55-RPS dated 16 May 1957, the select list pre-pared for the purpose of promotion should be periodically reviewed and the names of those officers who have already been promoted (otherwise than a local or purely temporary basis) and continue to officiate should be removed from the list as having been promoted and rest of the names along with others who may now be included in the field of choice should be consi-dered for the select list for the subsequent period. Again, in this Department's O.M. No. 1/ 25/65-Estt(D) dated 11-10-1966, it has been laid down that a select list drawn by the DPC should normally be operative only for one year and in any case it would cease to be in force after 10 months or when the fresh list is prepared whichever is earlier.

The effect of these circulars would be that every officer included in the panel who at the time of expiry of the validity of the earlier panel 'or at the time of the fresh DPC does not hold a regular promotion post needs to be reconsidered and every officer who holds such a regular post on these crucial dates need , nof be so considered by the DPC.

In this Departments O.M. No., 22011/6/75-Estt.(D) dated 30-12-76 [Para V(5)], it has been laid down that DPC should consider the claims of all officers who are on deputation or on foreign service in public interest or on their own volition. Thus their names would be considered for inclusion in the panel based on their records of service along with others holding posts within the Department concerned. However, in para X(4) of the circular dated 30-12-76 referred to above, it has been envisaged that such officers who had gone on deputation/foreign service in the public interest should be protected to enable them to regain their temporarily lost seniority in their higher grades on return to his cadre. In the case of others who have taken up ex-cadre posts on their own volition, such protection is not available and they could be considered for promotion only after they return to their parent cadre.

The application of this Department O.M. dated 11-10-66 and 1.6 May 57, referred to above has caused certain anomalies in the case of persons proceeding on deputation or foreign service etc. in public interest, in the matter cf protecting their authority in the higher grade. In respect

336

of such officers who while on deputation/foreign service are given proforma promotion under the NBR with reference to the date of promotion of their juniors no problem of maintaining their panel seniority would arise. In other cases where, the number of officers outside the line exceeds the number of juniors who are promoted within the cadre, proforma promotion under NBR could not be given to all such seniors in view of the condition of one-to-one correspondence under the guiding principles of NBR.

The effect of this would be that those of the officers higher in the panel and on deputation who could not be given NBR will continue to be shown as working in the lower posts while junior officers within the department would continue to be shown against higher. posts. In a case where this position continues after the validity period of panel or at the time of a fresh DPC the juniors would not be required to be considered by the fresh DPC. while the, senior who is shown against the lower post and not actually officiating against a higher post even under NBR may have to be considered by the DPC.

in order to avoid such an anomalous situation, it has been decided that para X(4) of this department's O.M. No. 22011/6/75-Estt(D) dated 30th December 1976 may be amended as under :-

"4. If the panel contains the name of a person who has gone on deputation or on foreign service in the public interest including the person who has gone on study leave, pro-vision should be made for his regaining the temporary lost seniority in the higher grade on his return to the cadre. Therefore, notwithstanding the provision of Sub- Para 3 above, as well as the provision of para XII below, such officers need not be reconsidered by a fresh DPC if any, subsequently hold, while they continue to be on deputation/foreign service/study leave so long as any officer junior to him in the panel is not required to be so considered by a fresh DPC irrespective of the fact.• whether he might or not have got the benefit or. .proforma promotion under the NBR. The same treatment will be given to an officer included in the panel who could have been promoted within the currency of the . panel not for his being away on deputa-. tion."

In the ease the officer has gone on ex-cadre post on his own volition by applying in res-ponse to advertisements, he should be required to revert to his parent cadre immediately when due for promotion, failing which his name shall be removed from the panel. On his reverting to the parent cadre after the period of two years or the extended period, if any, he will have no claim for promotion to the higher grade on the basis of that panel. He should be considered in the normal course along with other eligible officers when the next panel is prepared and he should be promoted to the higher grade according to his position in the fresh panel. His seniority, in that event shall be determined, on the basis of the position assigned to him in the fresh panel with reference to which he is promoted to the higher grade. (If the panel contains the panel of an officer on study leave, he should be promoted to the higher post on return from the study leave. He should also be given seniority according to his position in the panel and not on the basis of the date of promotion).

APPENDIX TO REDEPLOYMENT OF SURPLUS EMPLOYEES : CHAPTER XIX

SCHEME FOR THE DISPOSAL OF PERSONNEL RENDERED SURPLUS DUE TO IMPROVEMENTS SUGGESTED BY THE DEPARTMENT OF ADMINISTRATIVE REFORMS (NOW DEPARTMENT OF PERSONNEL & TRG.) OR REDUCTION IN POSTS SUGGESTED BY THE STAFF INSPECTION UNIT, MINISTRY OF FINANCE.

I. Basic assumptions :

The scheme is based on the following assumptions :-

(i) That if the job for pruning away superfluous personnel in Government organisations is to have priority, there must be a really effective procedure for disposing the per-sonnel identified as surplus. Without a truly effective' procedure there can be no real success in any exercise of pruning or re-organising the staffing patterns of Government organisations.

(ii) That identifying surplus personnel and then leaving them in their parent organisations against supernumerary posts is a self-defeating procedure because work can always be found to justify absorption within the organisations itself of such surplus personnel.

(iii) That, arising out of (ii) above, the only effective procedure would be to draw surplu; personnel away from organisations physically and hold them in a pool at a central place pending their disposal.

(iv) That pending placement of surplus personnel, it is better for Government to pay such personnel for simply staying at home (on some kind of special leave) rather than allowing them to clutter up offices through devices like supernumerary posts.

,(v) That, while every, effort should be made to place personnel rendered surplus and even to impart training in new skills to facilitate placement, in the long run it would be economical to 'offer attractive retirement benefits which would help to liquidate the bulk of such surpluses without the need to resort to lengthy placement procedures.

H. Outline of the

(i) A new cell should be brought into existence centrally in the Home Ministry (now Department of Personnel & Trg.) headed if necessary by a whole time officer of appropriate rank. The function of this cell would be to hold in a central pool all surpluses identified in Ministries, included offices and in field organisations and trans-ferred from there, and thereafter to dispose them of in accordance with the accepted policy.

(ii) Where the findings regarding surplus staff contained in the reports of the Department of Administrative Reforms (now Department of Personnel & Trg.) or Staff Inspection Unit have been discussed and agreed upon at the appropriate level, it shall be incum-bent upon Ministries/Offices to give formal effect to the reduction in sanctioned strength within one month of the receipt of the report. A drill should be prescribed to ensure that each administrative step is promptly taken for surrendering agreed surpluses in the shape of bodies to the central pool. For each administrative step primary as well as overseeing responsibility should be as under, and completed within the time limits specified :

(a) Amending the sanction for posts as also for budget allocation. Primary responsibility—Organisation concerned. Overseeing responsibility—Finance Ministry through Financial Adviser in the case of Ministries. included offices and Administrative Ministry concerned in the

337

338

case of field organisation. The "overseeing" authority should have powers to enforce reductions in strength where the "primary" authority fails to take action. This could be done by the "overseeing" authority addressing the Audit Officer, with copy to the concerned organisation mentioning the date from which the existing sanctioned strength should be treated as reduced to the new levels,

Time limit—Within one month of decision.

(h) Amending the cadre strength, taking account of consequential effect on leave and training reserves, if any Primary and Overseeing responsibility as well as time limit. The same as for

(a) above. • (c) Naming of persons against cadre. reduction.

Primary responsibility—Organisation concerned.

Overseeing responsibility.—Central Cell in Department of Personnel and Trg. for Ministries/included offices and Administrative Ministry concerned for field

organisations.

Time Iimit—Within one month of decision.

(iii) (a) The junior-most temporary persons should be surrendered against reduced cadre strength followed if necessary by junior-most quasi-permanent and then perma-nent staff.. The rule of 'junior-most' should be insisted upon and the Central Cell in the MHA (now Department of Personnel and Trg.). would have authority

to see to the strict and prompt observance of the rule. There shall, however, be no bar to other persons higher in the seniority ladder volunteering for the purpose, particularly if they wish to avail of the voluntary retirement benefits which would be available in the central pool. In April, 1970, in the case of organisations which were to be abolished or are in process of being wound up, a specific decision was taken that the surplus staff from such an organisation should he surrendered not in the reverse order of seniority but strictly in accordance with the regular seniority itself in different grades (i.e. first the senior most in each grade). At the same time, it was decided that there is no objection to an option being given to senior persons to opt for staying back in the concerned organisation and for being surrendered at a later stage if they so desire making it specifically clear to them that by opting back they would lose in point of seniority in new offices where their junior would have been redeployed earlier.

(h) As soon as actual surplus is located in a particular grade and before naming the persons against the reduced cadre strength, the Department concerned should formally ascertain from the persons higher in the seniority ladder in the affected cadre, Whether any of them • Would like to avail of voluntary retirement benefit as admissible under the Scheme. It may be emphasised that only those officers in the higher seniority ladder who have put in not less than 15 years of qualifying service can opt for voluntary retirement under the scheme. The names of the persons higher in the seniority ladder who so opt should be included in the

list of surplus officers of the affected cadre and. an equal number of senior-most

officers in the original surplus list retained in lieu of them. Thereafter all persons in the final surplus list should be transferred to the Central (Surplus Staff) Cell in the Ministry of Home Affairs (now Department of Personnel and Trg.)

alonrwith the posts in term , of Ministry of 'Finance O.M. No. 10(18)E-Coord/66 dated 24th September. 1966. Procedural Instructions regarding the transfer of the surplus staff to the Cell have been issued vide Ministry of Home Affairs,

rO.M. No. 1/4 , 66-CO, dated 30th January. 1967 of para (vii) below]:

33 9

(c) It has been decided that a person seeking voluntary retirement under the Scheme could be allowed be avail of all leave due and admissible to him provided the leave shall not be granted beyond six months from the date of his release from his parent organisation and transfer to the Cell. In other words the leave shall not extend beyond the life of the post deemed to have been created for him in the Cell. The Officer seeking voluntary retirement should formally apply for leave, if he desires to avail of the same before retirement. He should also indicate clearly the date from which the retirement should take effect after avail-ing of the leave due and admissible to and applied for by him.

(d) Every Officer seeking voluntary retirement should submit a formal application for pension in the prescribed form along with necessary documents to the Deputy Secretary, Ministry of Home Affairs (now Department of Personnel & Trg.) Central (Surplus Staff) Cell, within one week of his option seeking voluntary •retirement under the scheme. In case the officer has not been physically trans-ferred to the Cell at. New Delhi, the application should be made through the Head of the Office where he is retained on behalf of the Cell. In both the cases, i.e. in a case where the surplus Officer has been transferred physically to the Cell and also in a case where the surplus officer is being retained in his parent office on behalf of the Cell, the Head of the Office, where the Officer was last employed, will intimate action for drawing up of application for pension in Form 25 (C.S.R.) with the instructions in Form 26 (C.S.R.) after verifying the service put in by the officer till the date of his transfer to the Cell in accord-ance with the provisions contained in the C.S.Rs and other orders issued from time to time by the Government. After completion of necessary papers, the Head of the Office will forward them alongwith necessary documents to the Ministry of Home Affairs (now Department of Personnel & Trg.), Central (Surplus Staff) Cell for further necessary action. He shall also enclose sepa-rately a note containing the opinion of the Pension Sanctioning Authority required on the lines of Art. 470 C.S.R.

(e) The Cell shall verify the service rendered by the Officer during the stay in the Cell and then forward the application to the A.G.C.R. with necessary recom-mendations. For Officers rendered surplus in the offices outside Delhi who are transferred to the Cell without being physically surrendered to the Cell and who are retained by their parent Department on behalf of the Cell, the service ren-dered by the officer after such transfer shall also be verified by the Head of Office on behalf of the cell.

(f) The above procedure shall apply mutatis mutandis in the case of gazetted Gov-ernment servants who opt for voluntary retirement under the Scheme.

(g) All other provisions relating to the . grant of pension and gratuity made in the C.S.Rs and other Government orders will also apply in the case of grant of pensionary benefits under the Voluntary Retirement Scheme. NBA O.M. No. F.5/2/67-CS.III, dated 20-1-1968]

(iv) According to para (iii) (a) above, the surplus staff has to be surrendered to the Central (Surplus Staff) Cell against reduced cadre strictly in the reverse order of the seniority in the cadre affected. However, while declaring surplus in a particular grade in a cadre, the Scheduled Castes and Scheduled Tribes candidates in that cadre should not be included so long as the total number of SC/ST candidates in that grade has not reached the prescribed percentages of reservations for SC/ST respectively in the concerned grade in a cadre. [M.H.A. O.M. No. 1/1/67-CC. dated 3-1-19671.

44-35Per !:. Trg/87

340

( v ) The surplus personnel named by the above procedure shall then be transferred to the Central Cell. If necessary, the Home Ministry (now Department of Personnel & Trg.) shall have the authority to issue statutory orders taking away such surpluses from the Govt. organisations and holding them in the Central Pool. On transfer to the Central Pool such personnel would continue to receive pay and allowances in their previous scales. The Central Pool would, if necessary, i.e. where placements have not been decided upon and some delay is anticipated on this i.:ccount, grant special leave to personnel on its roll, which would be on full pay and allowances and which would not be debitabk to the normal leaVe account. In view of para (vii) (f) (3) below the outside limit for special leave of an individual shall be six months.

The question as to how the grant of special leave to the surplus personnel on the rolls of the Central Pool in the Department of Personnel & Trg. should be regulated was considered it was decided that :-

1) The appropriate authority in the Central (Surplus Staff) Cell may grant leave of absence (referred to hereafter as special leave) for a period not exceeding 6 months to any or all the surplus personnel transferred to the Central Cell or its Regional Centres with effect from the date of such transfer, or from any subsequent date;

(2) The aforesaid authority will have the power to cancel the Special Leave granted to any person at any time and direct him to report to the Central Cell or the Regional Centres of the Cell as the case may be;

(3) Personnel on Special Leave shall not leave the headquarters of the Central Cell or the Regional Centres, as the case may be, without obtaining in writing the prior sanction of the authority which granted them the Special Leave;

(4) While on Special Leave, the personnel concerned will be entitled to draw the same pay and allowance as they would have drawn had they not been transferred to the Central Cell or the Regional Centres, as the case may be, subject to the fulfilment of the conditions for the grant of such allowances;

(5) The Special Leave will count for purposes of increment and pension; (6) The Surplus staff while on Special Leave shall not undertake any other employment; (7) In the case of those who exercise their option for voluntary retirement in terms of

Ministry of Home Affairs Office Memorandum No. 3/27/65-CS.II dated 25-2-66, read with Ministry of Finance Memorandum No. 12(9)-E.V/66, dated the 17th May, 1966 or those who are to be retrenched in terms of Ministry of Home Affairs Office Memorandum No. 3/27/65-CS.II dated 25-2-66, the period of Special Leave granted to them will be commuted retrospectively into the leave of the kind due and admissible. To the extent the leave due and admissible is insufficient to cover the period of Special Leave the excess period will be treated as Special Leave. [MBA OM No. 4/1/66-CC dated 26th Dec., 1966]

(vi) The Central (Surplus Staff) Cell set up in the Ministry of Home Affairs (now Depart-ment of Personnel & Trg.) for redeployment or surplus staff, is primarily concerned with the surpluses arising as a result of : (n introduction of administrative reforms by the Administrative Reforms Wing of the Department of Personnel & Trg.. (ii) studies by Staff Inspection Uni* of the Ministry of Finance, (iii) Suo-moto studies of work measurement of other administrative reforms undertaken by the Ministries; and (iv)' surpluses arising from the abolition or winding up of permanent or long term organisations of the Central Govt. as a result of change in Govt. policy or as a measure of administrative reforms. When an organisation is set up temporarily for a specified purpose, the employees of that organisation need not be brought into the Cell. except where the temporary organisation, though set up for a specified purpose.

341

has been in existence for a period exceeding fifteen years provided that only those employees of such an organisation may be brought into the Cell, who have rendered not less than five years of continuous service in that organisation.

it has also been decided that :—

The Posts held by the surplus personnel before transfer to the Central Pool will :- fa) in the case of temporary posts be deemed to have been transferred and created

in the Central Pool by the competent authority, on the same scales of pay and conditions with effect from the date of transfer:,

(b) in the case of permanent posts, be deemed as terminated and corresponding supernumerary permanent posts will be deemed as created in the pool by the competent authority with effect from the date of transfer on the same grade and designation and with the same scale of pay and conditions.

(2) The duration of the posts thus created in the Central Pool will in all cases be for a maximum period of six months unless the incumbents are transferred from the Pool earlier within that period on their appointment to regular vacancies elsewhere or on .:teir retiring by opting for voluntary retirement in terms of the Ministry of Finance

OM No. F.12(9)-E.V/66 dated 17th May, 1966, or on their services being terminated earlier otherwise by the Central (Surplus Staff) Cell in the Ministry of Home Affairs (now Department of Personnel & Trg).

(3) The persons transferred to the Pool will be deemed to have been appointed to the posts in the Pool by the competent authority with effect from the date of their transfer to the Pool.

(4) In the case of 'permanent' surplus personnel, whose liens will be retained against the supernumerary permanent posts in the Central Pool for a maximum period of six months from the date of their transfer to the pool, their liens will stand terminated on the expiry of that period even if they are not confirmed in the new posts in which they are deployed within that period.

(5) Permanent officers, officiating in higher (temporary or. Permanent) posts will, on theit being declared surplus in the posts held in officiating capacity and transferred to the Central pool, continue to retain their lien in the lower substantive grades in their parent offices until they acquire lien in. any higher grade in the recipient organisation to which they may be posted by the Central Cell. In cases, however, where there is already a substantive lien-holder in the post declared surplus and another person is officiating' therein, the Administrative Department/Office will be required to ensure that a timely warning and opportunity is given to the substantive lien-holder to revert to his permanent post and to avail of the redeployment facilities provided by the Central Pool so as to avoid the contingency of the termination of the lien with the abolition of the permanent post in the parent office. In the event of the lien-holder not reverting to his substantive post and the officiating person in that post only being transferred to the Central Pool as surplus, the permanent post will be abolished in the parent office and lien of the substantive person ter-Lainated and an equivalent temporary post on the same scale of pay and conditions deemed as created in the Central Pool with effect from the date of transfer of the officiating Government servant to the Central (Surplus Staff) Cell. If however, the lien-holder reverts to his substantive post and it results in rendering another person also surplus in a lower post in the chain, the benefits attached to transfer to the Central Pool will be admissible only to the lien-holder initially declared 8urplus as it is not the intention that two or more persons should avail of these benefits against the surplus post.

,6) In cases referred to in clause (4) and (5) above_ where the permanent surplus personnel have their liens terminated but they continue under the service of Government they will be deemed to have been retired on compensation pension! gratuity as admissible under the relevant rules, with effect from the date of abolition of the post and re-employed. Their pay on re-employment should

342

be regulated in accordance with the provisions of Article 514 of C.S.Rs and other orders issued on the subject.

[M.F. O.M. No. F.10(24)-E(Coord)/67, dt. 17th May, 196S] (vii) Necessary procedural instructions in regard to transfer of surplus personnel to the

Central Pool, reporting the particulars of surplus personnel to the audit authorities and other connected matters are given below :-

(a) The Ministry/Office where the surplus persons are located should issue orders transferring the persons concerned to the Central (Surplus Staff) Cell in the MHA (now Department of Personnel & Trg.) alongwith the posts in terms of Ministry of Finance OM dated 24-9-66 and indicating also the particulars of the posts held, the scale of pay and the pay drawn at the time of transfer. In the case of non-gazetted Govt. servants, date of relief should also be intimated to the Audit Officer to make reduction in the number of posts from that date. On the basis of such an order MHA (now Department of Personnel & Trg.) shall issue another order taking the persons concerned on the rolls of the Central (Surplus Staff) Cell. The Pay and allowances of the Govt. servant concerned may be drawn for a period not exceeding six months from the date of transfer of the post by the Office concerned and of relief of the persons concerned from that office on the basis of the above order, by or on behalf of the MHA (now Department of Personnel & Trg.)

(b) Both the Ministry/Office concerned and the Central (Surplus Staff) Cell in the MHA (now Deptt. of Pers. & Trg.) shall endorse copies of their respective orders to the Audit Officers concerned and also to the AGCR. The Central Cell shall also intimate to the AGCR in a consoli-dated form, monthly, on the first of the following month the dates of the relief of the officers placed elsewhere or the dates of retirement in the case of voluntary retirement in order to unable him to make entries of the reduction of the posts concerned.

(c) All the prescribed formalities and procedures in the case of transfer of persons from one office to another (issue of L.P.C. etc.) should be observed in these cases.

(d) In the cases of officers who voluntarily retire from service while in the Central Pool, the Pension papers should be forwarded to the AGCR for the settlement of the pensionery claims in consultation with the previous Audit Officer concerned.

(e) During the period of the service of the surplus personnel in the Central Pool their Provident Fund Accounts will continue to be maintained by the respective Accounts Officer who were maintaining their accounts prior to their transfer to the Central Pool. The same Accounts Officer will also be responsible for closing the fund accounts and arranging final payment of the balances in respect of Government servants who happen to quit service while in the Central Pool either by voluntary retirement or otherwise. In cases where the surplus personnel are transferred from the Central Pool on their placement in regular vacancies elsewhere the Accounts Officers shall arrange to transfer their fund accounts to the Accounts Officer of the Ministry/Office to which the Govt. Servants have been transferred. For this purpose, the Ministry of Home Affairs (now Deptt. of Pers. & Trg.) should intimate the Accounts Officers maintaining the Provident Fund Accounts of the surplus personnel the details regarding the retirement of such personnel or their transfer to other Ministries/Departments in regular vacancies as and when they occur.

IM.F. OM No. F.10(18)-E-(Coord) /66 dt. 24-9-1966, MHA OM No. 1/4/66-CC dt. 30-1-1967 and MHA OM No. 1/8/68-CS.III dt. 3-4-19681 (f) The transfer of the surplus staff on leave on the date fixed for surrender should be

regulated as below :- (1) No leave or extension of leave which would extend beyond the date fixed for their

surrender to the Cell in accordance with MHA OM No. 3/27/65-CS.II dated 25-2-1966 should be granted to the surplus staff by the parent organisation after a decision has been taken to sur-render the surplus staff to the Cell in accordance with the Scheme;

(2) Where a surplus officer has already been granted leave which would extend beyond the date fixed for surrender of the surplus staff in accordance with the Scheme, the Officer concerned

343

may be allowed to avail of the leave at his discretion. He would be transferred to the Cell on date so fixed and the unexpired portion of the regular leave may be treated as cancelled and in its place the leave beyond the said date would be treated as Special Leave as admissible under Ministry of Home Affairs OM No. 4/1/66-CC dt. 28-12-66 irrespective of the fact whether or not some delay is anticipated in his placement, which is otherwise a condition for the grant of Special Leave and the person concerned warned that any delay in his rejoining duty in the Cell will affect his interests in getting a suitable and quick placement elsewhere. The Special Leave thus granted may be allowed to be combined with regular leave;

(3) The total stay in the Cell of the surplus staff shall not exceed six months from the date of transfer of the surplus staff to the cell.

[MHA OM No. 1/8/68-CSII1 dt. 3-4-1968]

(4) The Scheme regarding redeployment of surplus staff envisages transfer of all surplus staff to the Central Cell in the MHA (now Deptt. of Personnel & Trg.) so that organisations where they are located as surplus are physically relieved of them. In the case of surplus staff at out-stations, it has, however, been decided that they may not be transferred physically to the Cell in Delhi. Such staff may be transferred to the Cell formally, however of course alongwith the posts in terms of Ministry of Finance OM No. 10(18)-E-Coord/66 dt. 24-9-66. On the basis of such an order issued by the organisation concerned, the Cell will formally take over the surplus staff on the rolls of the Cell, without their being physically surrendered to the Cell. The surplus staff will be retained at the Headquarters of the Organisation, where they were last employed, till their redeployment is arranged by the Cell. The heads of the Organisation will forward L.P.Cs of the persons concerned in the usual manner. The pay and allowances of the surplus staff will be drawn by the Central Cell at Delhi and disbursed to the surplus staff by Bank draft through the respective Heads of the Offices who shall obtain the acquittances from the staff concerned and forward the same to the Central Cell for record. In order to ensure timely payments of monthly pay and allowances to the staff at outstations the bills in respect of their pay and allowances will be presented at the Treasury by the 15th of the month, to which they relate and encashed before the end of the month, for arranging remittance by Bank draft to the heads of offices concerned so as to reach them by the first week of the following month. The present practice of drawing pay and allowances by the Heads of the Organisations on behalf of the Cell from the Treasuries at the Headquarters of the organisation and debiting the expenditure to the Head of Account of the Central Cell should be discontinued with immediate effect. The above procedure shall apply in the case of non-gazetted staff other than Class IV staff. While Class IV staff is not to be redeployed through the Cell, separate orders have been issued in the case of gazetted staff [para (viii) below].

(viii) The Government have assumed responsibility for the redeployment of surplus staff of all grades including Group A and Group B officers under that Scheme. However, appointments to Groups A and B services/posts are normally made on the recommendations of UPSC. There-fore, for the redeployment of surplus staff belonging to Groups A & B Services/Posts, it has been decided in consultation with the UPSC, to prescribed the following procedures, namely :-

(1) The cases of redeployment of surplus staff in the Cell will be considered by the UPSC (if necessary on the basis of an interview) for appointment against Groups A & B Services/Posts filled otherwise than on the basis of competitive examinations held by them. For the purpose, the Controlling Authorities, who are already required to send to the Director General, Resettlement, Ministry of Defence, copies of requisition for filling of vacancies in Groups A & B Services/Posts simultaneously when they are placed with the Commission [c.f. para I (ii) of this Ministry's OM No. 14/22/65-Estt.D, dated 29th March, 1966] should also simultaneously send the copies of requisition, to the Central (Surplus Staff) Cell in the Ministry of Home Affairs (now Deptt. of Personnel & Trg.) . The Central Cell will forward to the Commission within 10 days of receipt of requisition the detailed particulars of staff who may be considered by them to be prima facie suitable for appointment against the vacancies in question. If no recommendations are received

344

from the cell within the aforesaid period of 10 days or if the candidates recommended for consideration by the Cell are not found suitable by the Commission, the Commission will proceed with the recruitment for the posts in the usual manner.

Surplus personnel recommended by the Ministry of Home Affairs (now Department of Pers. & Trg.) will be entitled to first priority for appointment to these vacancies provided they are found suitable by the Commission and no suitable disabled Defence Services personnel are available for appointment.

(2) The maximum age limit prescribed for recruitment to the various Services/Posts through the UPSC will be deemed to have been relaxed in the case of surplus staff sponsored by the Central (Surplus Staff) Cell.

(3) The UPSC in their discretion, may relax the educational qualifications, experience etc. prescribed for recruitment to the various services/posts in respect of any member of the Surplus Staff for any specific service/posts if the candidate is otherwise considered suitable for the service; post.

(4) In so far as appointments against the reserved vacancies are concerned, the procedure prescribed vide (1) above shall not apply to the vacancies reserved for Emergency Commissioned/ Short Service Commissioned Officers and the Scheduled Castes and Scheduled Tribes candidates and filled by candidates of these categories. Against vacancies reserved for Scheduled Castes and Scheduled Tribes candidates, candidates belonging to these communities in the Cell shall be given priority; however, if they are not available in the Cell, non-Scheduled Castes and non-Scheduled Tribes candidates in the Cell shall be given priority only when recruitment in the normal manner against vacancies reserved for Scheduled Castes and Scheduled Tribes does not provide the required number of candidates of those communities and the unfilled reserved vacancies have thus to be dereserved after following the procedure prescribed, vide MHA OM No. 1./6/67-Estts.(C) dt. 10 Sept., 1967.

(ix) The questioa regarding grant of protection from reversion to officials holding posts in an officiating capacity and rendered surplus therein as a result of S1U review etc. has been under consideration of the Govt. of India. It has been decided that officials holding posts in an officiating capacity on a long term basis, from which there was no reasonable prospect of reversion in the normal course, but for measures of administrative reforms or studies by the SILT should be pro-tected from reversion for a maximum period of .six months. Para 1(5) of Ministry of Finance OM F.10 (24)-E(Coord) /67, dated 17th May, 1968 also refers. The protection will be effected in the manner and subject to the conditions given below aL-

(a) Against the reduced cadre strength, the deputationists and officers on temporary loan from other offices, if any, should first be reverted to their parent organisations, as early as possible and within the time fixed for the implementation of the reductions, so that the surplus officers can be accommodated to the extent possible.

This provision need not be insisted upon in the case of organisations which are in the process of being wound up. The reversion et deputationists and officers on temporary loan in such organisations to their parent offices would be left to the discretion of such organisations.

NOTE : If any amendments to recruitment rules are considered necessary for this purpose. suitable action should• be taken by the Administrative Ministry accordingly.

(b) Thereafter all officiating officers in the surplus zone should he adjusted against short-term vacancies. if any, by reverting the persons holding appointment against such vacancies on ad-hoc and temporary basis and the names of such officers so adjusted intimated to the Surplus Cell. and an equal number of posts in the cadre held in abeyance: the officers who cannot be so adjusted shculd be surrendered to the Cell immediately along with the posts in terms of the scheme regarding redeployment of surplus staff. and various orders issued by the Ministry of Home Affairs (now Deptt. of. Personnel & Trg.) and the Ministry of Finance in this regard.

345

The surplus staff who are adjusted temporarily against short-term vacancies should be surrendered to the Cell alongwith the posts (held in abeyance) as soon as the arrangement by which they are so adjusted, ceases.

(c) The surplus staff transferred to the Cell will remain on the rolls of the Cell for a maximum period of six months as provided in the scheme. During this period, the Cell shall endeavour to place the officiating surplus staff against equivalent posts elsewhere, if they remain unabsorbed at the end of six months they shall immediately reverted to the organisation from where they were declared surplus. The organisations should be in readiness to take back the surplus staff against the lower posts from where they were promoted and for that purpose the persons officiating in the lower grade/grades should be given due notices under the C.C.S. (Temporary Service) Rules or other relevant rules to make room for them. This notice should be given sufficiently in advance before the reversion of the surplus officers and for this purpose the organisations concerned should keep in touch with the Cell to find out the progress of re-deployment of the surplus staff surrendered by them.

The officers who are thus rendered surplus and served with notices will not be taken over by the Cell for redeployment elsewhere, as no surplus posts would be available with which the persons concerned can be transferred to the Cell and it is not the intention that two or more persons should avail of the benefits of the scheme against one surplus post.

(d) A surplus officiating officer after his deployment in an officiating capacity in a recipient organisation will not normally be allowed to seek reversion, for a maximum period of three years after such deployment, to the permanent post on which he holds a lien. Any person not willing to abide by the above condition will have the option to revert to his substantive post before accepting the redeployment offered by the Cell.

(e) The benefit of protection from reversion to officiating officers for a maximum period of six months shall be available to all categories of surplus staff covered by the Ministry of Home Affairs OM No. 1/8/67-CC dt. 15th July 1967 as amended by that Ministry's OM No. 1/15/68-CS.III dt. 21 Aug., 1968.

(f) An officiating surplus officer shall be eligible to be .retransferred to his previous office in the event of a vacancy occuring there subsequent to his redeployment in terms of Ministry of Home Affairs OM No. 1/9/67-CS.III dated 29th Dec., 1967 (cf. para x) subject to the conditions stipulated therein.

(2) In modification of Ministry of Home Affairs OM No. 4/43/65-CS.11I dated the 23rd Dec., 1965 the protection allowed to the officiating personnel shall also be available to the surplus staff of the CSS/CSCS/CSSS subject to the conditions (except 1) mentioned above. They shall, however, be transferred to other participating Department/Offices on temporary loan basis and shall not be eligible for confirmation in that grade or promotion to higher grades in the cadres to ,which they are transferred on temporary loan basis. For all purposes they would continue to be treated as members of their parent cadres and shall be taken back as and when vacancies arise there in the particular grade. So long as persons belonging to a particular grade of cadre remain outside on temporary loan basis. the cadre concerned shall not be allowed to fill any vacancy in the grade by promotion or direct recruitment nor shall they be allowed to make additions to the•Select list of the grade.

[MHA O.M. No. l /18/66-CS.T11, dt. 18-4-69 & No. 1/15 /70-CC/CS.III dated 18-5-19701

(x) Retransfer of a surplus person to his parent office :

(a) The question whether the surplus staff could be allowed the facility of re-transfer to their parent office in the event of any vacancy occurring in that office subsequent to their being declared surplus and transferred to the Cell for redepl lyment. has been considered and it has been decided that the surplus staff should be allowed this facility provided the vacancy has occurred within one year from the date on which

346

the staff was rendered surplus and transferred to the Cell for redeployment elsewhere. Every such vacancy should be offered to all the employees rendered surplus and transferred to the Cell by the particular Department/Office during the last one year, whether already deployed elsewhere or awaiting deployment by the Central Cell. If two or more persons opt to go back to their parent office against one vacancy, the senior-most among them should be allowed to revert to his parent office.

(b) Persons already redeployed by the Cell who opt to revert to their parent office, will go back as fresh entrants in so far as seniority is concerned and this fact should be brought to the notice of the surplus personnel while asking for options from them. Their re-transfer will be treated as at their own request and no joining time, pay and transfer T.A. will be admissible. There is, however, no objection to the grant in such cases, of joining time without pay where the individual so desires or to the grant of regular leave by the competent authority as admissible under the rules to cover the period between handing over charge at the old station and taking over at another, if the Government servant applies for it.

(c) The cases of persons awaiting redeployment by the Cell and getting posted to their old offices under the above arrangements, will, however, be governed by the provisions of the Ministry of Home Affairs O.M. No. 1/6/67-CS.III, dated the 7th July, 1967 in regard to admissibility of T.A. joining time etc. (cf. para xii).

(d) The above instructions shall not apply to the surplus staff of the decentralised grades of the three Central Secretariat Services, about which separate instructions have been issued. [MHA O.M. No. 1/9/67-CS.III, dt. 29-12-19671

(xi) All transfers under the Scheme should ordinarily be treated as in public interest and the individuals concerned allowed joining time pay and transfer T.A. as admissible under the rules.

However, when the transfer to a post in a new organisation is at his own initiative, as opposed to one arranged by the Cell, the Government servant concerned shall be allowed only joining time without joining time pay; no transfer travelling allowance will be admissible in such a case.

[MHA OM No. 1/6/67-CSIII, dt. 7-7-1967]

(xii) (1) Disposal of personnel in the Central Pool shall be governed by the following policy :

(a) The first objective would be to place personnel in other Government organisations includine public sector undertakings as quickly as possible.

(b) To facilitate this, the Central Cell shall obtain and keep information of placement opportunities in the various Government organisations. and if possible also in public sector undertakings, so that a continuous matching operation can go on.

(2) Employment opportunities exist in : (a) Ministries and its included attached offices; (b) Excluded attached offices and subordinate offices: and (c) Public Sector Undertakings.

(3) It has been decided that a monthly return regarding vacancies in the Ministries and

included attached offices as in annexure III. and those in the excluded attached offices and sub-ordinate offices as in Annexure IV, should be sent to the MHA (now Deptt. of Personnel & Trg.)

latest by the 15th of each month showing the position at the end of the preceding month. In respect of excluded and subordinate offices, it is necessary to show the vacancies in Groups B

and Group C posts /ministerial, non-ministerial and executive to which there is direct recruitment.

347

whether entirely or partly. The grades which are filled _entirely by promotion may also be included in the Statement.

(4) The •Ministries are also requested to consider obtaining similar returns from - the Public Sector undertakings under them so that surplus staff could be nominated to such Under-takings if they want to fill the vacancies through the Cell.

The particulars of the surplus staff, if any, may be furnished (in duplicate) as in annexure V in accordance with, the drill prescribed in the scheme as and when the surplus arise.

[M.H.A. O.M. No,. 2/3/66-CC, dt. 11-1-1967]

(c) A total ban shall operate on direct recruitment to all Government organisations unless a certificate is obtained from the central cell for each category of post on each occasion to the effect that the central pool has no suitable candidates to offer. On the analogy of the orders issued in January, 1960, the ban would not apply to recruitment made through the normal channel of recruitment like the annual competitive examinations conducted by the UPSC. The actual number to be recruited in this manner shall, however, be adjusted and kept as low as possible. While it is not intended that such a total ban should operate against recruitment to posts in the public sector undertakings it is envisaged that these undertakings should also be requested to cooperate with the Central cell in the Home Ministry (now Department of Per-sonnel and Training) in finding appropriate placement in their organisations for suitable persons from the cell. To this extent the undertakings should be requested to follow on their own a `self-denying policy' of resorting to direct recruitment only after the cell has been consulted on the availability of suitable persons in the pool.

(d) While efforts shall be made to take the view point of recipient organisations into account, the central cell shall have the eventful authority to decide whether a particular person should be accepted by a particular organisation. This will not apply to public sector under-takings.

(e) While the attempt in individual placements should be to match the pay scale of the individual with the pay scale of the recipient posts as far as possible, the Central Cell should have authority to put through placement even where exact matching is not possible. In that event, if the pay scale of the recipient post is lower, the individual should be allowed the facility for carrying his previous pay scale along with 'him, even if he was only officiating in it. Deci-sions of the Central Cell in such matters should be binding on recipient Government organisa-tions.

(f) Personnel borne on the books of the Central Pool shall be provided with honourable conditions while in the pool. The emphasis would be on training these persons in new skills. The Central Cell would operate training scheme or arrange for them through other organisations so that new skills (e.g. stenography, aspects of business management like accountancy etc.) can be imparted to the persons in the central pool thus improving their chances for satisfactory placement. Where necessary pool staff would also be used for ad-hoc jobs like weeding out old files in Departments where this work has got into arrears.

(g) There shall be a scheme for voluntary retirement which it should be possible for every person brought into the central pool to avail of. The terms of the scheme should be generous and attractive enough to serve as an inducement to surplus personnel to retire on their own initiative.

(h) Those who do' not opt to retire and cannot be placed, and are also unwilling to under-go training in fresh skills shall be retrenched in accordance with the existing rules indicated in Annexure II. This procedure would also he adopted in cases where an individual refuses a placement ordered by the Central Cell.

(i) The overall object would be not to allow any person to remain in the Central Pool lot longer than six months. 45-35Per & Trg/87

MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES AND PENSIONS

(DEPARTMENT OF PERSONNEL AND TRAINING)

New Delhi, the 19th December, 1986

NOTIFICATION

G.S.R. :1296(E).—ln exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules for regulating the redeployment of Surplus Staff against vacancies in the Central Civil Services and Posts (Group 'A' and T') namely :-

1. Short title and Commencement : (1) These rules may be called the Redeployment of Surplus Staff against vacancies in the Central Civil Services and Posts (Group 'A' and S') Rules 1986. (2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions : In these rules, unless the context otherwise requires. (a) "Cell" means the Central (Surplus Staff) Cell in the Department of Personnel and

Training, Ministry of Personnel, Public Grievances and Pensions;

(b) "Commission" means the Union' Public Service Commission;

(c) "Surplus Staff" and "Surplus Employees" means the Central Civil Servants (other than those employed on ad-hoc, casual, work-charged or contract basis) who have been rendered surplus from the various Ministries/Departments/Offices of the Government of India (other than the Ministry of Railways excluding the establish-ment of the Headquarters of the Railway Board and the lower field formations of the Ministry of Defence other than the Defence Research and Development Or-ganisation) as a result of (i) introduction of administrative reforms;

(ii) studies by the Staff Inspection Unit of the Ministry of Finance;

(iii) Studies of work measurement or administrative reforms "undertaken by Government Departments or offices; and

(iv) abolition or winding up of permanent or long-term organisations of the Central . Government :

Provided that in the case of the employee of an organisation set up temporarily for a specified purpose, they shall be treated as surplus staff or surplus employees for the purposes of this rule only if the organisation has been in existence for a period exceeding 15 . years and. they have rendered not less than 5 years' continu-ous service in that organisation.

3. Redeployment of surplus staff through the Commission : (1) The controlling authority in respect of a Group 'A' or Group 'B' Service/post in which any vacancy is to be filled up by direct recruitment through the Commission (otherwise than on the basis of a competitive exami-nation) shall, while sending requisition for the purpose to the Commission, also simultaneously , .end a cony thereof to the Cell.

(2) (i) The Commission shall not entertain a requisition placed for the purpose unless it indicates that a copy thereof has simultaneously been sent to the Cell and shall take action for recruitment to the posts notified to the Commission in the usual manner. only if—

(a) no recommendation is received by it from the Cell within a period of 15 days from the date of receipt of the requition in its offices. sponsoring the surplus em-plovee(s) for appointment against such vacancy or vacancies. or

(b) the candidate reemmended for consideration by the Cell is not found suitable by the Commission for appointment to the post in que=stion,

348

J 4.9

(ii) The Comniission may consider any surplus employee whose bio-data has been refei- red to it by the Cell, for appointment to a post, even if he has not been specifically recommended by the Cell for that post :

.Provided that the post in question carries the same scale of pay or has the same maximum of the pay scale as the one held by him; he is found suitable for appointment to such post in preference to the other posts for which his candidature may have been sponsored by the Cell; and he does not suffer from any of the disabilities mentioned in clause (c) of sub-rule (5) of this rule.

(3) Where a post is to be filled up by transfer in consultation with the Commission the controlling authority in• respect of the post shall first intimate the vacancy to the Cell, who, if it has a surplus employee on its rolls who is prima-facie suitable for appointment thereto, shall sponsor him to the commission, under intimation to the controlling authority concerned, for being considered for absorption against the post in question. Such a post will be circulated only if (a) the Cell communicates the non-availability of a suitable surplus employee from its rolls to sponsor for absorption in it, or (b) the Commission holds the surplus employee sponsored by the Cell to be unsuitable for appointment to the post.

(4) The surplus employees recommended by the Cell will be entitled to first priority for appointment to the vacancies in Group 'A' and '13' Services/Posts filled by direct recruitment through the Commission (otherwise than on the basis of a competitive examination held by the Commission) or by transfer :

Provided that they are found suitable by the Commission and no suitable disabled defence services personnel are available with them for appointment to such vacancies.

(5) (a) The Cell shall recommend to the Commission the name of a surplus employee, who for the time being is borne on its rolls, for being considered for appointment to a specific post, the vacancy wherein has been notified to the Commission and to the Cell, and for appoint- ment to which the surplus .employee concerned appears to the Cell to be prima-facie suitable, having regard to the scale of pay attached to the post and the one held by him, his qualifica-tions and the relevance of his previous experience;

(b) 'The Cell may recommend more than one surplus employee on its rolls for being con-sidered for appointment to a post for which each of them seems to it to be prima-facie suitable for appointment;

(c) The Cell shall not recommend the name of a surplus employee to the Commission : (i) if on being sponsored by the Cell he has already been recommended by the Com-

mission for appointment to a post in a Central Government Department, carrying a pay-scale not lower than his existing pay-scale ;

(ii) if he has completed six months stay on the rolls' of the Cell; or has joined another post in the meantime whether on re-deployment through the Cell, or otherwise, or has asked for reversion to another continuing post on which he holds a lien;

(iii) if he is due for superannuation within six months from the date of his transfer to the rolls of the Cell;

(iv) if his services are terminated or he is to be retired (including inter alia on a notice seeking premature voluntary retirement given by the surplus employee) or dis-charged from service or otherwise ceases to be on the rolls of the Cell on any date before the expiry of six months from the date of his transfer to the rolls of the Cell.

(v) for absorption in a post which lies outside the parameters of placement laid down in rule 5.

(6) Determination of suitability of a surplus employee and relaxation of Qualifications, experience, etc. for this purpose.—(a) The Commission may, at its discretion consult the colt-

360

dential reports written earlier on a surplus employee or, if necessary, call him for interview to determine his suitability for appointment to a post but shall not subject him to a written test for this purpose.

(b) The Commission may, in its discretion, relax the educational qualifications, experience etc. prescribed for recruitment to a service/post, in respect of any member of the surplus staff sponsored by the Cell for appointment to such service/post, if the surplus candidate is other-wise considered by them to be suitable for appointment to the service/post in question.

(c) The Commission shall, as far as possible, finalise and communicate to the Cell its assessment of suitability or otherwise of a surplus employee recommended by the Cell for a post, within one month from the date of receipt of such recommendation in its office.

"Explanation : For the purpose of these rules, a surplus employee shall be deemed as transferred to borne on the rolls of the Cell for the purpose of arranging his redployment from the date from which he has been declared surplus by his parent Ministry/Department in the cobtingencies specific in clause ( c) of rule 2 above, even though he is formally not so transferred and only his particulars have been reported to the Cell'

4. Redeployment in posts not filled through the Commission : (1) All vacancies in Central Civil Services and posts in Groups 'A' and which are to be filled in by direct recruitment or by transfer, but otherwise than through the Commission, shall be filled up from amongst the surplus staff, unless the controlling authority of the service/post in question has ascertained from the Cell that they have no suitable persons from amongst the surplus staff available with them for being nominated against the particular post.

(2) The provisiOn made in sub-rule (1) shall not apply to the posts and services under the administrative control of—

(a) the Department of (i) Atomic Energy (ii) Space (iii) Electronics (iv) Indian Audit & Accounts and (v) Railways (excluding the posts located in the Head-quarters offices of the Railway Board);

(b) the Ministry of Defence (lower field formations other than the Defence Research and Development Organisation);

(c) the various security and para-military organisations under the Ministries of -.Home Affairs and Defence :

Provided that this will not debar the controlling authority of such services/ posts to request the Cell to sponsor suitable surplus employees, and to appoint them.

(3) In respect of the surplus employees nominated under sub-rule (1) the Department of Personnel and Training, and in respect of those sponsored under sub-rule (2) the Ministry/ Department/Organisation concerned, shall determine their suitability for appointment to the posts concerned, where necessary, by relaxation of the educational qualifications, experience. etc., prescribed under the relevant recruitment rules.

5. Determination of placement : (a) (i) As far as possible, a surplus employee shall, sub-ject to his suitability, be redeployed in a post carrying a pay-scale matching his current pay scale.

• (ii) - For the purpose of clause (i), a matching paY'-scale shall mean a pay-scale the maxi-mum of which is equal to that of the pay-scale of the surplus employee, and the minimum of which is not. higher than the basic pay • (including the stagnation pay) which the surplus em-ployee is in receipt of at the time of making his nomination.

351

(b) Where a suitable vacancy in a post carrying matching scale of pay is not available, the surplus employee may be redeployed in a post carrying a non-matching pay scale :

Provided that- (i) the maximum of the pay scale of such post does not exceed the maximum of the

pay-scale of the surplus employee by more than 10 per cent; and

(ii) such post is not lower than the post which forms, or would ordinarily form, the next lower rung in the promotional ladder for the incumbents of the post of the level currently held by the surplus employee :

Provided further that when redeployed in a post carrying a lower scale of pay, the surplus employee shall be permitted to carry his previous pay-scale alongwith him 'to the next post even if'he was only officiating in it.

6, Age limit.—The upper age limit . shall not apply in the case of a surplus employee ap-pointed under these rules.

7. Medical Examination.—The surplus staff redeployed by the Cell shall not be required to undergo fresh medical examination unless different medical standards have, been prescribed for the post in the recipient organisation or unless the person concerned had not been medically examined in respect of his previous post or, if examined, had been declared medically unfit.

8. Acceptance of the surplus staff recommended for appointment by the Commission ort

nominated by the Cell.—The administrative Ministry/Department shall, on receipt of the re-commendation made by the Commission or nomination made by the Cell, for appointment of a surplus employee to a post/service for which a requisition had earlier been placed upon the Commission or the Cell, as the case may be, shall take . immediate action to issue the orders of appointment of the surplus employee concerned under advice to the Cell and, where relevant, the Commission.

9. Fixation of pay and seniority, counting of previous service for various other purposes and

carrying over of lien/classification.–•The fixation of seniority and pay of the surplus employee and counting of his previous service for various purposes and carrying over of. lien/classification in the new post to which he is appointed on redeployment under these rules shall be regulated in accordance With the instructions issued from time to time by the Government of India in this

behalf.

10. Amendment of recruitment rules.—All rules regulating the recruitment of persons to the Central Civil Services and posts (Group 'A' and 13') shall be deemed to have been amend-ed to the extent as provided for in these rules.

11. Validation of earlier appointments of surplus employees in Group 'A' and `B' services/

posts.--All appointments made of surplus employees in Group 'A' and 'B' services/posts in Central Government Departments/Offices/organisations before the commencement of these rules in accordance with the provisions of the (then) Ministry of Home Affairs O.M. No. 1/2/66-CC/CS. III dated the 25th March, 1968, shall be deemed to have been validly made as if these rules were in force at all relevant times.

[No. 2/38/85-CS. 111]

APPENDIX TO PHYSICALLY HANDICAPPED PERSONS : CHAPTER XXII

No. 35034/2/84-Estt.(D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, P.G. & PENSIONS

(DEPARTMENT OF. PERSONNEL & TRAINING) New Delhi, the 30th September 1986

OFFICE MEMORANDUM

SUBJ ECT—Employment of physically handicapped persons in public services.

The undersigned is directed to say that the Central Advisory Committee on Employment of Physically Handicapped has made the following recommendation :-

(1) "On nomination by the Employment Exchanges, physically handicapped person should not be subjected to the usual medical examination on first appointment and the question should be decided on the basis of reports of the Medical Board attached to the Special Employment Exchanges. .In any event, appointing authori-ties should not insist on any medical certificate before considering a physically handicapped person against a vacancy reserved for him. The forwarding of appli-cation by the Special Employment Exchange or Special Cells in normal Employ-ment Exchanges should be adequate proof that the applicant is physically handi-capped and should be considered against the reserved vacancy."

(2) "At present requisition is sent to the Special Employment Exchanges or Vocational Rehabilitation Centres only for those posts which are reserved for handicapped persons. The Committee suggested that for all identified posts, whether they arc reserved for handicapped or not, requisition may also be sent to Special Employ-ment Exchange/VRCs/Special Cells in Employment Exchanges by the indenting authority to get names of physically handicapped persons who could be considered, if otherwise eligible, against general posts."

2. The above recommendations have been exmined in consultation with Ministry of Labour (DGE&T). Instructions already exist vide this Department's O.M. No. 5/1/62-Ectt. (D) dated 31-7-62, No. 39016120/80-Estt.(C) dated 30-12-80 and No. 14016/1/81-Estt.(D) dated 9-2-81 (copies attached) that all the appointing authorities should endorse a copies of the requisition sent to the Employment Exchange/Special Employment Exchange to the nearest Vocational Rehabilitation Centre for physically handicapped for nominating suitable physically handicapped persons. Further these instructions, also provide that, on nomination by the Em-ployment Exchanges, physically handicapped persons should not be subjected to the usual medi-cal examination on first appointment and the question should be decided on the basis of the reports of the Medical Board attached to the special Employment Exchanges for the physically handicapped. Appointing authorities should not also insist on any fresh medical certificate be-fore considering a _physically handicapped person against a vacancy reserved for them. The forwarding of application by the Special Employment Exchanze/V.R.Cs. or Special Cells in normal Employment Exchanges should be taken as adequate proof, that the applicant is physi-cally handicapped and should be considered against the reserved vacancy.

The above instructions are once again brought to the notice of all concerned, for strict compliance.

352

IMMEDIATE No. 39016/20/80-Estt.(C)

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS

New Delhi, the 30th December 1980

OFFICE MEMORANDUM

SUBJEC T—Reservation of vacancies for the physically handicapped persons in Group 'C' and.

Group 'D' posts under the Central Government.

The undersigned is directed to refer to the Department of Personnel & A.R. O.M. No. 39016/6/77-Estt.(C) dated the 4th November, 1977 regarding reservations for the physically handicapped persons in Group 'C' and Group 'D' posts to the extent indicated as below :—

Category of handl- %of reservation capped.

1. The Blind 1% 2. The Deaf 1% 3. The Orthopaedically handicapped 1%

2. The question of prescribing a roster for giving effect to the reservations for the physically handicapped persons has been considered. It has been decided that a continuous account of the vacancies arising in Group 'C' and Group 'D' posts from year to year may be kept. Thus the 34th vacancy occuring in a particular recruitment year would be earmarked for the Blind. Simi-larly, the 67th Vacancy and -100th vacancy would be reserved for the Deaf and the Orthopaedical-ly handicapped respectively in cycle of 100 vacancies. In case any of these vacancies happens to be reserved for the SC and ST or Ex-servicemen the next clearly available vacancy should be reserved for the physically handicapped persons.

3. As already provided in the O.M. of 4th November, 1977 referred to above, inter-se ex-change of vacancies is permissible if candidates belonging to the particular category of person are not available or if the nature of vacancies in an office 'is such that ai given category of persons cannot be employed.

4. It has also been provided in the said O.M. that if in any year, the vacancies reserved for these categories are not filled, the reservations should be carried over for a period of upto two recruitment years. It has now been decided that the reservations should be carried over for a period of upto three recruitment years instead of two years as at present. Any recruitment of the -physi-cally handicapped candidates will first be counted against the additional quota brought forward from previous years, if any, in their chronological order. If such candidates are not available for all the vacancies the older vacancies carried-forward should be filled first and the compara-tively later vacancies carried-forward should be further carried-forward.

5. The physically handicapped persons are entitled to relaxation of upper age limit upto 10 years for purpose of appointment to Group 'C' and Grouup 'D' posts vide this Department's O.M. No. 15012/6/77-Estt.(D) dated 28-1-1978 and 18-7-1978.

6. As the Ministry of Finance etc. are aware of the Recruitment Rules for every post have a q21 ,7 nn ("lame vihioh provides that nothing in these Rules shall affect reservations. relaxation of age limit and other concessions required to be provided for all the special categories of persons

353

354

in accordance with the orders issued by the Central Government from. time to time in this regard.

7. Instructions already exist regarding medical examination of physically handicapped per-sons, according to which cases of physically handicapped persons are to be viewed with the utmost sympathy for medical examination. On nomination by s the Employment Exchanges physically handicapped persons should not be subject to the usual medical examination on first appoint-ment and the question should he decided on the basis of the reports of the Medical Board attached to the special Employment Exchanges for the physically handicapped.

8. It is also brought to the notice of Ministry of Finance etc. that according to the instruc-tions• contained in this Department's O.M. No. 14034/1 /80-Estt.(D) dated the 30th October, 1980 a Group 'C' or a Group `D' employee found medically unfit for the post he is holding and 1 .170M which he is proposed to he discharged or has been discharged may, wherever practicable, be considered for another identical/equivalent post for which he may be found suitable against direct recruitment quota without insisting on the condition of appointment through the employ-ment exchange/SSC. For this purpose, his previous service under Central Government should be deducted from his actual age and if the resultant age does not exceed the prescribed maxi-mum

age limit by more than three years, he should be deemed to satisfy the condition of upper

age limit for appointment to the post in question under the Central Government. Further, in the case of a Government servant retired on medical grounds, his son/daughter/near relative can be considered for appointment on compassionate ground if the family of the Government Servant is in great distress after his premature retirement vide para 6 of this Department's O.M. No. 14014/1/77-Esf(D) dated the 25th November, 1978.

9. Ministry of Finance etc. are requested to bring these instructions to the notice of all appointing authorities under them.

No. 5/1/62-Estt(D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL AND TRAINING

New Delhi, the 31st July 1968

OFFICE MEMORANDUM

SUBJEcT—Employment of physically handicapped persons in public services

The undersigned is directed to refer to this Ministry's O.M. No. 5/1/60-Estt(D), dated 28th June, 1960, which provides that such of the physically handicapped persons who are regis-tered with the Special Employment Offices for the Handicapped and have been medically examined by the Medical Board attached to those Offices and declared fit for appointment to particular posts, should not, on actual appointment to these posts, be subjected to the usual

examination on first appointment in Government service but the question of their appointment should be decided on the basis of the reports of the Medical Board attached to the Special Employment Offices.

2. Arrangements have now been made for the medical examination of those handicapped persons who are registered with ordinary Employment Exchanges i.e. those dealing with able bodied pdrsons, by Medical Boards to be constituted on the lines of the Medical. Boards attach-ed to Special Employment Offices. A copy of the DGHS letter No. 8-21 /62-P&DI dated 22-5-1962 to all State Administrative Medical Officers is enclosed in this connection. Accord-ingly on nomination of these. persons by the Employment Exchanges for appointment against posts under Government, they should not be subjected to the usual medical examination on first appointment in Government service and the question of their appointment should be decid-ed on the basis of the report of the Medical B. cards referred to above.

355

No. 14016/1/81-Estt(D)

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS DEI'TT. OF PERSONNEL & A.R.

New Delhi, the 9th February 1981

OFFICE MEMORANDUM

SUBJECT—Reservation of posts for the physically handicapped persons in Group 'C' and Group `D' posts/services under the Central Government—Intimation of vacancies.

Attention of the Ministry of Agriculture and Irrigation etc. is invited to this Department O.M. No. 39016/6/77-Estt(C) dated the 4th November, 1977 and O.M. No. 14016/3/79- Estt(D) dated .21st May, 1979 on the above subject.

2. As per existing instructions of the Government all the vacancies in Group and all Group S' posts irrespective of their nature and duration are not only to be notified to the Employment Exchange but are also to be filled through the agency, unless filled through UPSC/ SSC etc. Recently the Prime Minister has expressed concern over the unsatisfactory employ-ment situation of the physically handicapped persons particularly the blind despite reservation orders and concessions granted to them. Accordingly it has been decided by the Ministry of Labour to fix a target of 50 placements per month for both the special employment exchanges for both the physically handicapped persons and Vocational Rehabilitation Centres for the physi-cally handicapped. It is, therefore, requested that all the appointing authorities may be instruc-ted to endorse a copy of their requisition sent to the employment exchange/special employment exchange to the nearest Vocational Rehabilitation Centres for physically handicapped for nomi-nating suitable handicapped persons. A list of Vocational Rehabilitation Centres with their addresses is enclosed for information.

LIST OF VOCATIONAL REHABILITATION CENTRE FOR PHYSICALLY HANDICAPPED

1. Vocational Rehabilitation Centre for Physically Handicapped, C.T.I. Campus Guindy. Madras.

2. Vocational Rehabilitation Centre for Physically Handicapped, C.T.I. Campus, Gobind Nagar, Kanpur.

3. Vocational Rehabilitation Centre for Physically Handicapped, Napier Town, Jabalpur. 4: Vocational Rehabilitation Centre for Physically Handicapped, C.T.I. Campus, Sion,

Bombay. 5. Vocational Rehabilitation Centre for Physically Handicapped, C.T.I. Campus, Gill

Road, Ludhiana. 6. Vocational Rehabilitation Centre for Physically Handicapped, B. C. Roy, Polioilino,

Beliaghata, Calcutta. 7. Vocational. Rehabilitation Centre for Physically Handicapped, I.T.I. Pusa, New

Delhi. 8. Vocational Rehabilitation Centre for Physically Handicapped, C.T.I. Campus,

Vidyana,gar, Hyderabad. 9. Vocational Rehabilitation Centre for Physically Handicapped, Kuber Nagar,

Ahmedabad. 10. Vocational Rehabilitation Centre for Physically Handicapped. c/o Jaymata Train-

ing Institute. Nalanohira, Trivandrum. 11. Vocational Rehabilitation Centre for Physically Handicapped. c/o F.T.I. Tumkur

Road. Bangalore. 46-35Per Sz Trg/87

APPENDIX TO EX-SERVICEMEN : CHAPTER XXIII

No. 39016/15/79-Estt.(C)

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

DEPARTMENT OF PERSONNEL & A.R.

New Delhi, the 7th September 1981

OFFICE MEMORANDUM

SUB JECT—R elaxation of upper age limit to the Ex-servicemen Commissioned Officers including ECOs/SSCOs for appointment to Group A and Group B posts filled by direct recruit-ment.

The undersigned is directed to refer to this 'Department's O.M. No. 39016/7/78-Estt(C) dated 10-5-1979 which contained decisions of the Government on the various recommendations of the Working Group of Officers on Resettlement of Ex-servicemen. The recommendations of the Working Group which related to relaxation of upper age limit in the case of ex-servicemen and commissioned officers including ECO/SSCO for appointment to Group A and Group B posts filled by direct recruitment were still under consideration of the Government. The fol-lowing decisions have now been taken on these recommendations also in consultation with the UPSC.

The upper age limit shall be relaxed by the length of military service increased by three years in the case of ex-servicemen and commissioned officers including ECOs/ SSCOs for appointment to any vacancy in Group A and Group B services/posts filled by direct recruitment otherwise than on the results of an open All India Com-petitive Examination held by the UPSC subject to the condition that (i) the con-tinuous service rendered in the Armed Forces by an ex-serviceman is not less than six months after attestation and (ii) that resultant age after deducting his period of service from his actual age does not exceed the prescribed age limit by more than three years and also subject to usual conditions which have been prescribed in respect of appointment of ex-servicemen to Group C and Group D posts vide this Department's Notification No. 39016/10/79-Estt.(C) dated 15-12-1979.

(ii) For appointment to any vacancy in Group A and Group B services/Hosts filled by direct recruitment on the results of an All India Competitive Examination held by UPSC the ex-servicemen and Commissioned Officers including ECO/SSCO who have rendered atleast 5 years military service and have been released on completion of assignment (including those whose assignment is due to be completed within 6 months) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency, or on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

2. In so far as persons serving in the Indian Audit and Accounts Department are concern-ed, these instructions issue in consultation with the Comptroller and Auditor General of India.

3. The above concessions would in respect of examinations selections falling within the purview of the Union Public Service Commission, be applicable to only those examinations,' selections for which the advertisements/notices are issued by them after the date of issue of these instructions.

(i)

356

357

[TO BE PUBLISHED IN PART 1I SECTION 3 SUB-SECTION (i) OF GAZETTE OF INDIA]

No. 15012/8/82-Estt(D)

. GOVERNMENT OF INDIA

MINISTRY OF' PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING) •

New Delhi, the 12th February 1986

NOTIFICATION

G .S.R. —In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely :-

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) (Amendment) Rules, 1986.

(2) They shall come into force on the date of their Publication in the Official Gazette.

2. In rule 6 of the Ex-Servicemen (Re:employment in Central Civil Services and Posts) Rules, 1979 (hereinafter referred to as the said rules), after sub-rule (3), the following sub- rules shall be inserted, namely :-

"(4) For appointment to any reserved vacancy in Group C posts, a matriculate Ex- servicemen (which term includes an ex-servicemen, who has obtained the Indian Army Special Certificate of Education or the corresponding certificate in the Navy or the Air Force), who has put in not less than 15 years of service in the Armed Forces of the Union may be considered eligible for appointment to the posts for which the essential education qualification prescribed is graduation and where,

(a) work experience of technical or professional nature is not essential; or

(b) though non-technical professional work experience is prescribed as essential yet the appointing authority is satisfied that the ex-servicemen is expected to perform the duties of the post by undergoing on the job training for a short duration.

(5) For appointment to any reserved vacancy in Group C and Group D posts, where the prescribed minimum educational qualification is matriculation, the appointing authority may, at his discretion, relax the minimum educational qualifications in favour of an ex-servicemen who has passed the Indian Army Class-I Examination or equivalent examination in the Navy or the Air Force, and who has put in at least 15 years of service in the Armed Forces of the Union and is otherwise consi-dered fit to hold the post, in view of his experience and other qualifications".

3. After rule 6 of the said rules, the following rule shall be inserted namely :-

"6. Lower standard for selection—In the case of direct recruitment, if sufficient number of candidates belonging to the ex-servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates belonging to the category of ex-servicemen may be selected under a relaxed standard of selection to make up the deficiency in the reserved quota subject to the condition that such relaxation will not affect the level of performance by such candidates".

358

No. 39016110/75-Estt(C)

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS

(KARMIK AUR PRASHASANIK SUDHAR VIBHAG)

New Delhi-1, the 15th December 1979

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the

President hereby makes the following rules for regulating the recruitment of ex-servicemen in Central Civil Services and Posts, namely :— •

1. Snort title .and commencement—

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979.

(2) They shall be deemed to have come into force on the first day of July, 1979.

2. Definitions—In these rules, unless the context otherwise requires—

(a) "Armed Forces of the Union" means the naval, military and air forces of the Union;

(b) "disabled ex-serviceman" means or ex-servicemen who while serving in the Armed Forces of the Union was disabled in operations against the enemy or in disturbed areas;

(c) "ex-servicemen" means a person, who has served in any rank (whether as a combat-ant or as non-combatant), in the Armed Forces of the Union, including the Armed Forces of the former Indian States, but excluding the Assam Rifles, Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Territorial Army, for a continuous period of not less than six months after attestation, and

(i) has been released, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to the reserve pending such release, or

(ii) has to serve for not more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid; or

(iii) has been released at his own request, after completing five years service in the Armed Forces of the Union;

(d) "Para-military forces" means the Border Security Force, Central Reserve Police Force, indo-Tibetan Border Police. Central Industrial Security Force, Secretariat Security Force, Assam Rifles, and Railway Protection Force;

(e) "reserved vacancies" means vacancies reserved under rule 4 for being filled by ex- servicemen.

3. Application—These rules shall apply to all the Central Civil Services and Posts, Group `C' and Group 1Y and to the posts of the level of Assistant Commandant in all pars-military forces.

359

4. Reservation of ► acancie.s— (1) Ten per cent of the vacancies in the posts of the level of Assistant Commandant in all para-military forces, ten per cent of the vacancies in each of the categories of Group 'C' posts and of such posts in each group 'C' Service; and twenty per cent of the vacancies in each of the categories of Group 'D' posts and of such posts in each Group 'D' Service, including permanent vacancies - filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex- servicemen.

Provided the percentage of reservation so specified for ex-servicemen in a category of posts shall be increased or decreased in any one recruitment year to the extent to which the total number of vacancies reserved for ex-servicemen, Scheduled Castes and Scheduled Tribes (including the carried forward reservations for Scheduled 'Castes and Scheduled Tribes) and for any other categories taken together, falls short or is in excess, as the case may be, of fifty per cent of the vacancies in that category of posts filled in that year :

Provided further that in case of an increase in the reservation for the ex-servicemen under the preceding proviso, the additional vacancies so made available for them shall be utilised first for the appointment of disabled ex-servicemen and if any such vacancies still remain unfilled thereafter the same shall then be made available 'to other ex-servicemen.

(2) Out of the vacancies reserved for being filled by ex-servicemen, vacancies shall be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with such orders as are issued in this behalf by the Central Government from time to time;

Provided that if any ex-serviceman belonging to the Scheduled Caste or Scheduled Tribe is selected, his selection shall be counted against the overall quota of reservations that shall be provided for the Scheduled Castes or Scheduled Tribes in accordance with the orders issued by the Central. Government from time to time.

(3) No vacancy reserved for ex-servicemen in a post to be filled, otherwise than on the results of an open competitive examination, shall be filled by the appointing authority by any general candidate, until and unless the said authority :—

(i) has obtained a Non-availability Certificate' from the employment exchange (where a requisition placed on an employment exchange);

(ii) has verified the non-availability of a suitable candidate by reference to the Director General Resettlement and recorded a certificate to that effect; and

(iii) has obtained approval of the Central Government.

5. Special Provisions regarding age limit. —For appointment to any vacancy in Central Civil Services Group 'C' and Group 'D', whether reserved or not under these rules, every ex-servicemen who has put in not less than six months continuous service in the Armed Forces of the Union shall be allowed to deduct the period of such service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post or service for which he seeks appointment by more than three years, be shall be deemed to satisfy the condition regarding age limit.

6. Special provision regarding educational qualifications—

(1) For appointment to any reserved vacancy in Group `D' posts, every ex-serviceman who has put in not less than three years service in the Armed Forces of the Union shall be exempt from the minimum educational qualification, if any, prescribed in respect of such posts.

(2) For appointment to any reserved vacancy in Group 'C' posts, the appointing autho-rity may, at its discretion. relax the minimum educational qualification, where such qualification prescribed is a pass in the Middle School Examination or any lower

36 0

examination, in favour of ex-servicemen who have put in atleast three years service in the Armed Forces of the Union and who are otherwise considered fit and suitable for appointment to such posts, in view of their experience and other qualifications.

( 3 ) For ppointment to any reserved vacancy in Group 'C' posts, to be filled partly be direct recruitment and partly by promotion or transfer, where the minimum quali-fication or technical qualification prescribed for appointment by direct recruitment is 'higher than that prescribed for promotees or transferees, an ex-serviceman shall be deemed to satisfy the prescribed educational or technical qualification if h e,— (i) satisfies the educational or technical qualification prescribed for direct recruit-

ment to the post from which promotion or transfer to the .,post in .question is allowed, and

(ii) has identical experience of work in a similar discipline and for the same num-ber of years in the Armed Forces of the Union, as prescribed for .promotees or transferees.

EXPLANATION : For the purposes of this rule, in computing the period of three years service, there shall be added any period of service which an ex-serviceman has rendered while serving in a corresponding post or posts in a civil department, or a public sector undertaking or an autonomous organisation, whether under the Central Government or any States Govern-ment, or in a nationalised Bank to the period of service rendered in the Armed Forces of the Union.

7. Amendment of recruitment rules—All rules regulating the recruitment of persons to Group 'C' and Group 'D' posts and . services under the Central Government shall be subject to the provisions of these rules and shall be constructed accordingly.

S. Interpretation--If any question arises as .to the interpretation of these rules, the question shall be decided by the Central Government.

(Sd/-) R. C. GUPTA Dy. Secy.

Explanatory Memorandum to the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979.

Under the Ex-servicemen (Reservation of Vacancies in the Central Civil Services and Posts, Class III and Class IV) Rules, 1974, the reservations for ex-servicemen were available in the vacancies filled by direct recruitment in the Central Civil Service and Posts, Class III and Class IV. These rules ceased to be in force w.e.f. from the 1st July, 1979. SinCe the problem of rehabilitation of ex-servicemen is a continuing feature, it has been decided to make available to the ex-servicemen certain facilities for their rehabilitation in Civil employment on a permanent basis. In formulating the present rules the provisions of the Ex-servicemen (Reservation of Vacancies in the Central Civil Services and Posts Class III and Class IV) Rules, 1974, and the decisions taken on the recommendations of the Working Group of officers on Resettlement of Ex-servicemen with regard to changes in these rules including change in the nomenclature of the rules have been taken into account. This will not adversely affect the rights of any person.

APPENDIX TO SPORTSMEN : CHAPTER XXIV

No. 14034/4/85-Estt(D)

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF PERSONNEL & TRAINING, ADMN. REFORMS AND.PUBLIC GRIEVANCES & PENSION

DEPARTMENT OF PERSONNEL & TRAINING

New Delhi, the 13th September 1985

OFFICE MEMORANDUM

SUBJECT—Appointment of meritorious sportsmen to Group C and D posts in relaxation of Recruit-ment Rules.

The undersigned is directed to invite attention to this Department's O.M. No. 14015/1/75- Estt(D) dated the 4th August, 1980 (Copy enclosed) in which detailed instructions were issued for appointment of meritorious sportsmen against Group C & D posts under the Central Govern- .

ment in relaxation of the Recruitment Rules. Annexure 'A' to the O.M. dt. 4th August, 1980 contains a list of games which qualify the meritorious sportsman for appointment. The Govt. of India has been having under consideration for quite some time the question of enlarging the list of games to include such other games in which competitions are held at National/International levels. It has now been decided, in consultation with the Department of Youth Affairs and Sports, that the following five games may be further added in the list of games at Annexure 'A' of the Deptt. of Personnel & Training's 0.M: dated 4-8-1980, namely :

(i) Archery (ii) Equestrian Sports

(iii) Handball (iv) Rowing & (v) Chess

2. All other conditions relating to eligibility appointment, seniority etc. laid down in the O.M. dated 4-8-1980 aforementioned remain the same.

No. 14015/1/76-Estt.(D)

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIN MANTRALAYA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS

(KARMIK AUK PR ASHASNIK SUDHAR VIBHAG)

New Delhi, the 4th August 1980

OFFICE MEMORANDUM

SUBJECT--Appointment of meritorious sportsmen to Group and 'D' posts in relaxation of the procedure.

General Scheme Under this Department's O.M. No. 14/1/72-Estt.(D) dated 28-12-72 orders were issued

that the Secretary of the Ministry/Department or the Head of Department under it may recruit a 361

362

meritorious sportsman to a Class III or Class IV service/post (now Group C & D) in the Ministry Department/Establishment, as the case may be, direct recruitment to which is made otherwise than through a competitive examination held by the Union Public Service Commission, subject to the provisions contained in that O.M. with the coming into being on the Staff Selection Commission, recruitment to group 'C' posts have generally to be made through the Staff Selection Commission. The entire policy of recruitment of sportsmen in various Departments/Offices has since been examined and the following orders are issued for providing for relaxation of recruitment rules to the extent mentioned below :

(1) Eligibility

(a) Appointments under these orders can be made of a sportsmen considered meritorious with reference to the following criteria : (i) Sportsmen who have represented a State or the country in the National or

International competition in any of the games/sports mentioned in the list at Annexure (A).

(ii) Sportsmen who have represented their University in the Inter-University Tourna-ments conducted by the Inter-University Sports Board in any of the 'Sports/game showing the list at Annexure 'A'.

(iii) Sportsmen who have represented the State Schools Teams in the National Sports/ Games for schools conducted by the All India School Games Federation in any of the games/sports shown in the list of Annexure 'A'.

(iv) Sportsmen who have been awarded National Awards in Physical Efficiency under the National Physical Efficiency Drive.

(b) No such appointments can be made unless, the candidate is, in all respects, eligible for appointment to the post applied for, and in particular in regard to age, educational or experience, qualification prescribed under the Recruitment Rules applicable to the post, except to the extent to which relaxations thereof have been permitted in respect of class/category of persons to which the applicant belongs.

(2) Posts to which applicable

(a) Appointments of meritorious sportsmen can be made to any post in Group 'C' or Group 'D' which under the Recruitment Rules applicable thereto, is required or permitted to be filled by direct recruitment, otherwise than through the Union Public Service Commission.

(b) No such appointment shall be made to any post in Group A or Group B by direct recruitment.

(c) A meritorious sportsmen can be considered for appointment under sub para (a) above. notwithstanding the fact that he is already in the service of the Government.

(d) In making appointments to any post under the Government by promotion, no prefer-ence shall be given to 'meritorious sportsmen though that fact may be taken into

account in assessing the overall merit.

(3) Extent to such recruitment (a) Ministries/Departments of Government of India can recruit meritorious sportsmen

in any year in relaxation of the recruitment procedure, to the extent that these includ-ing all other reservations under existing orders do not exceed 50% of the total number of vacancies proposed to be filled by direct recruitment.

(b) For the purpose of making appointment of meritorious sportsmen. the appointing authorities may at their discretion notify to the staff Selection Commission. in all case where the recruitment to the posts have been entrusted to that Commission. vacancies reduced by upto 5% thereof and may fill such vacancies so held back by appointing meritorious sportsmen subject to the overall limitations mentioned in sub-para (a)

above.

363

4. Seniority

Where sportsmen are recruited through the Employment Exchange or by direct adver-tisement and are considered alongwith other general category candidates, they may be assigned seniority in the order in which they are placed in the panel for selection.

Where recruitment to a post is through a selection made by the S.S.C., whether by a competitive examination or otherwise, the sportsmen recruited by the departments them-selves should be placed en bloc junior to those who have already been recommended by S.S.C. The Inter-se-seniority of sportsmen will be in the order of selection.

5r Procedure

(a) An application received by the appointing authority or a higher authority from a sportsmen belonging to any of the categories mentioned above, may be considered by the Ministries/Department or the Head of the Department, as the case may be, in light of the evidence which the applicant may furnish of his having represented in any of the competitions mentioned in the previous paragraphs, and subject also to the applicant fulfilling the requisite qualifications relating to education, age etc., as may be laid down in the rules for the post/service for which he is a candidate. Normally certificates awarded should alone be taken into account while consider-ing the eligibility of an applicant in terms of above paragraphs. Appointments may be made of such a ,candidate after the Ministries/Department or Head of the Department, as the case may be, is satisfied about the eligibility. of the candidates under these orders as well as his suitability for the post in all respects. Where the appointing authority is subordinate to a Head of Department, such authority may make' a recommendation in this regard to the head of the Department, alongwith the necessary details, for obtaining his concurrence in the proposed appointment cf the candidate.

(b) The orders contained in those O.M. will not affect the orders relating to reservation for SC/ST and Ex-servicemen which may be in force from time to time. In other words, the vacancies filled in accordance with these orders in a year shall he taken into account in calculating the total number of vacancies in the service/post dur-ing that year for purpose of applying the reservation 'orders.

6. These orders apply to all Ministries and Departments of Government of India including the Ministry of Railways and Communications (PACT) and any existing scheme if any of the Ministries/Departments shall, from the date of issue of these orders, be subject to the conditions and restrictions herein specified, except to the extent of such modifications as may be accepted by Government in view of special circumstances prevailing therein.

.7. A consolidated annual statement showing the number of sportsmen of the eligible cate-gories appointed to Group 'C' and Group 'D' posts/service in a calendar year may he sent to the Welfare Division of the Department of Personnel by each Ministry/Department in the proforma given in Annexure 'C' by the 31st March, of the following year.

8. Provisions contained in this 0.M, supersede all instructions issued from time to time in the past, on the subject.

Sd/- (J. K. SARMA)

Directcr

To (1) All Ministries/Departments including U.P.S.C., C.V.C., Election Comrni-. -;ion, Planning

Commission. 47--35Per & Trg/87

3 64

(2) All Union Territories, Government/Administrators.

(3) All attached/subordinate Offices of the Ministry of Home Affairs and Department of Personnel and Administrative Reforms.

(4) All Sections of Ministry of Home Affairs/Department of Personnel and A.R.

(5) All Staff Side Members of the National Council.

Cbpy also forwarded for information : (1) The Secretary, Railway Board, Ministry of Railways.

(2) D.G. of Posts & Telegraphs, New Delhi.

(-3) C&AG, New Delhi, with the request that they may consider the desirability of issuing similar instructions to Offices under their control. It is also requested that information in the proforma in Annexure (may be furnished to this Department Welfare Division) so that the total number of meritorious sportsmen recruited during a year may be worked out.

(4) C.A.O., Office, Ministry of Defence, CS-II Section, Department of Personnel and Admi-nistrative Reforms. They may consider the question of extending of these orders to posts in CSSS/CSCS and AFG Clerical Service and AFG Stenographers Service.

Sd/- (J. K. SARMA)

Director

ANNEXURE 'A'

List of Games/Sports referred to in part? 2 of The Department of Personnel and Administrative Reforms O.M. No.

14015/78- Estt. (D) dated 4th August, 1980.

1. Athletics (including Track and Field events.).

2. Bidminton

3. Basketball

4. Cricket

5. Football

9. Hockey

7. Swimming

8. Table Tennis

9. Volleyball

10. Tennis

11. Weight Lifting

12. Wrestling

13. Boxing

14. Cycling

15. Gymnastics (including Body-Building)

16. Judo

17. Rifle Shooting

18. Kabaddi

19. Kho-Kho

20. Ball-Badminton

21. Archery

22. Equestrian Sports

26. Handball

24. Rowing

25. Chess*

•lncorporated vide DP&T's O.M. No. 11034/4/85/Estt . (D) dated 18-9-19851.

ANNEXURE 'B'

List of Authorities referred. to in para .5 (a) of the Department of Personnel and Administrative Reforms Office Memorandum No. 14015111781-Estt. (D) dated 4th August, 1980. •

S. Competition No.

Authority awarding Certificate Form in which certificate is to be awarded.

1 2 4

Secretary of the National Federation of the Game concerned. 11 Secretary of the National Federation or Secretary of the State Association of the Game concerned.

Dean of Sports or other Officer in over-all charge of sports of the University concerned.

Director of Additional/Joint or Deputy Director in overall charge of sports/games for Schools in the Directorate of Public Instructions/Education of the State.

Secretary of other Officer in overall charge of Physical Efficiency in the Ministry of Education & Social Wel-fare Government of India.

1. International Competition

2. National Competition

3. Inter-University Tournaments

4. National/Sports/Games for Schools. •

5. Physical. Efficiency Drive.

22

33

44

5

Note :—Specimens of the forms 1,2 3 and 4 referred to above are given in annexure D'

ANNEXURE `C'

Proforma of the annual statement to be filled by each Ministry/Department regarding recuirtment of meritorious suortsmen referred to in para 6 of the Department of Personnel and A.R. O.M. No. 14015/1/78- Esti. (D) dated 4th .'.ug:ist, 1980.

STATEMENT SHOWING NUMBER OF SPORTSMEN APPOINTED TO CLASS III AND CLASS IV POSTS/ SERVICES DURING THE YEAR ENDING 31ST DECEMBER, 1980.

S. Name of No. Ministry/

Depart-ment.

Number of sportsmen Number of sportsmen Total Name of appointed to Class Ill posts appointed to class IV posts appoint- the game

ments made and No. In the In other Total In the In other Total during the appointed Main Offices main Offices year Col. against Ministry Ministry 5 plus each

Col 8

1 2 5 6 7

8 9 10

Category-wise break-up of the sportsmen appointed during the year mentioned in Col. 9. 1. Participation in International Competition. 2. Partidipation in N:.1ional Competition. • 3. Participation in Inter-University Tournaments. 4. Participation in National School Games Competition.

( )

Under Secretary (Administration)

Ministry/Department 366

ti

ANNEXURE `D'

Specimen forms referred to in Annexure B of the Department of Personnel and Administrative Reforms O.M. No. 1401.511178-Estt.(D) dated 4th August, 1980.

FORM-I

(For representing India hi an International Competition in one of the recognised Games/Sports).

NATIONAL FEDERATION/NATIONAL ASSOCIATION OF Certificate to meritorious sportsmen for emloyment to Group C & D Service under the Central Government.

Certified that Shri/Smt./Kumari. Son/Wile/Daughter of Shri resident of represented the

(complete address) Country in the game/event of in •••••nn••nn•1

Place—. Signature. Date Name

Designation Name of the Federation/National Association.

Address

Seal Note :— This Certificate will be valid only when signed personally by the Secretary, National Federation/

National Association.

FORM-2

(For representing a State in India in a Nation competition in one of the recognised Games/Sports).

STATE ASSOCIATION OF GAME OF

ments. Certificate to a meritorious sportsman for employment to a Group C&D service under the Central Govern-

Certified that Shri/Smt./Kumari son/wife/daughter of Shri resident of

represented the State (complete address)

of in the game/event of in the National Competition/Tournament held

at from to The position obtained by the individual/team in the above said Competition/Tournament was

The certificate is being given on . the basis of record available in the office of the State Association

Place Signatur-

Date Name Designation Name of the State Association

Addr-ss

Note :— This Certificate will be valid only when signed personally by the Secretary of the State Association.

Competition/Tournament held az from

The position obtained by the individual /team in the above said Competition/Tournament was

The Certificate is being given on the basis of record availbable in the office of National Federation/ National Association of

IN THE.

FORM-3

(For representing a University in the Inter-University Competition in one of the recognised Games/sports). UNIVERSITY OF

Certified to a meritorious sportsman for employment to a Group C & D service under the Central Government.

Certified that Shri/Smt./Kumari Son/Wife/Daughter of Shri resident of student of represented the University in the game/event of in inter- University Competition/Tournament held at from to

The position obtained by the individual/team in the above said competition/tournament was The certificate is being given on the basis of records available in the office of Dean of Sports or Officer in over

all charge of sports in the University of

Place :

Date :

Signature : Name : Designation Name of University -- Address Seal

Note :—This Certificate will be valid only when signed personally by Dean/Director or other Officer in overall charge of sports in the University of

FORM-4

(For representing a State School Team in the National Games for School in one of the recognised Games/Sports) Directorate of Public Instructions/Education of the State of

Certificate to a meritorious Sportsmen for employment to a Group C&D service under the Central Government.

Certified that Shri/Kumari son/daughter of Shri resident of—

(Complete address) student of

represented the— State School Team in the Game/event of in the National Games for Schools held at from to

The position obtained by the individual/team in the above said Competition/Tournament was

The Certificate is being given on the basis of records available in the office of Directorate of Public Instructions/ Education of

Place —

Date --

Seal

Note :—This certificate will be valid only when signed personally by the Director or Additional/Joint or Deputy Director in overall charge of sportsjgames, for schools in the Directorate of Public Instructions/Edu-cation of the State.

Signature Name

Designation

Address

3 69

FORM-5

(For the awardees in Physical Efficiency performances conducted by the Ministry of Education & Social Welfare)

Government of India/Ministry of Education & Social Welfare

Certificate to a meritorious sportsman for employment to a Group C & I) posts/service under the Central Government.

Certified that Shri/Kumari son/daughter of Shri----- resident of —

(complete address) represented the in the game/event of National Competition held at from

School Team --in at the

to

The certificate is being given on the basis of records available in the Ministry of Education and Social Welfare.

Place Signature

Name

Designation

Address

Date --

Seal

Note :—This certificate will be valid only when signed personally by the Secretary or other Officer in overall charge of Physical Efficiency in the Ministry of Education and Social Welfare.

APPENDIX TO COMPASSIONATE APPOINTMENTS : CHAPTER XXV

No. 35014/1/85-Estt(D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING)

New Delhi, the 7th April 1986

OFFICE MEMORANDUM

SUB .1 ECT—A pPOintinentS of sons/daughters/near relatives of Government servants in Group C & D posts who are retired on medical grounds under Rule 38 of CCS (Pension) Rules, 1972.

The undersigned is directed to refer to Department of Personnel and A.R.'s O.M. No. 14014/10/80-Estt(D), dated 18th March, 1982 as amended vide O.M. No. 14014/6/83-Estt (D), dated 1st March,. 1984 (copies enclosed) on the above subject, according to which only such of the Government servants who retire on medical grounds on or before attaining the age of 55 years are eligible for availing of the concession of appointment of their sons/daughters/ near relative on compassionate grounds. The raison d'etre for granting the concession to those retiring on medical grounds was that they had to leave service substantially prematurely and as the normal age of retirement on superannuation is 58 years, it was considered necessary to lay down the eligibility limit for Government servants retiring on medical grounds to avail of the concession for their wards, as 55 years.

2. The Staff Side of the National Council (JCM) had suggested that . in the case of Group `D' employees this limit should be 57 years as their normal age of superannuation" is 60 years. The request made by the Staff Side of the National Council (JCM) has been examined and it has been decided in partial modification of this Department's O.M. dated 1.8-3-1982 that in case of Group 'D' employees the benefit of compassionate appointment may be extended only when they are retiring on medical grounds before attaining the age of 57 years.

3. These instructions will be effective from 1-4-1986 Contents of this Office Memorindum may please be brought to the notice of all Attached and Subordinate Offices also immediately.

No. 14014/1/77-Estt (D)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL & TRAINING. ADMN. REFORMS AND PUBLIC GRIEVANCES & PENSION

(DEPARTMENT OF PERSONNEL & TRAINING)

New Delhi, the 16th October 1985

OFFICE MEMORANDUM

SuRJEcT—CompiissionaM . appoiniments of .son/daughters/near relative of deciaied Government servants—consolidated instructions.

The undersigned is directed to invite attention to this Department's O.M. No. 14014/1/77- Estt(D) dated the 25th November, 1978 (copy enclosed) in which consolidated instructions were issued regarding compassionate appointment of son/daughter/near relative of deceased Govern-ment servants.. In sub para (iv) of para. 2 of the 10% vacancies in the grade of Lower Division

370

371

Clerks are shown as reserved for Group `13' employees. In accordance with the instructions issued in Department of Personnel & Admn. Reforms O.M. No. 16/26/66-Estt(D) dated 23-4-1968, 10% of the vacancies in the cadre of LDCs in the Central Secretariat Clerical Ser-vice as also in the non-participating offices are to be utilized for promoting of Group D emp-loyees fulfilling certain conditions. This does not constitute reservation but only one of the •

methods of recruitment to the post. In addition, it is also clarified that the total reservation for Scheduled Castes/Scheduled Tribes, Handicapped and Ex-servizymen together with carry for-ward-reservation which at present is admissible to Scheduled Castes/Scheduled Tribes and handi-capped persons should not exceed 50% of the vacancies available on any particular occasion. Keeping these two clarifications in mind it has been decided that para 2 of this Department's O.M. dated 25-11-1978 may be substituted by the following :—

"2. Filling of posts. 2. The appointing authorities may enure that total t :,:3ervation;for Scheduled Castes,/ Scheduled Tribes, handicaped persons and ex-servicemen, together with carry forward reservation which at present is applicable only in respect of Scheduled Castes/Scheduled Tribes and handicapped, shouldi.not exceed 50% of the tvacancies available on any parti-cular•occasion and to the extent of the percentage prescribed as under :

•(i) Sohedulde Castes 15% •

(ii) Scheduled Tribes 7 1/2%

(iii) Ex-servicemen 10% in Group 'C' posts and 20% in Group `D' posts subject to proviso 1 of rule 4 of this Ministry's Notification No. 39016/10/79-Estt (C) dated 15-12-1979. .

(iv) Handicapped 3%

*The percentage of reservations for Scheduled Castes and Scheduled tribes are different in case of offices using 100 point rosters at appendix 3 of the Brochure on Reservation for Scheduled Castes and . Scheduled TTribes in services.

No. 14014/6/83-Estt(D)

GOVERNMENT OF INDIA :MINISTRY OF HOME AFFAIRS

DEPTT. OF PERS. & A.R. New Delhi, the lst March 1984

OFFICE MEMORANDUM

SUBJECT—Appointments of sons/daughters/near relatives of Government servants in Group 'C' and 'D' posts who are retired on medical grounds under Rule 8 of CCS (Pension) Rules, 1972.

The undersigned is directed to refer to this Deptt.'s O.M. No. 14014/10/80-Estt(D), dated the 18th March, 1982 communicating the decision of the Government that the benefit of com-passionate appointment of a son/daughter/near relative should not be extended to cases where the Govt. servants have retired on medical grounds after attaining the age of 55 years.

2. It has been represented that some Ministries took unduly long time in circulating this Department's O.M. dated 18-3-1982 and that it would be harsh in case this concession is denied to Government servants who retired on medical grounds and applied for compassionate appointments of their wards, before the revised instructions were circulated by the Ministries/ Departments concerned.

3. Requests for compassionate appointments in cases of retirements on medical grounds after attaining the age of 55 years, which may be pending with Ministries/Heads of the Deptt. will fall in one or the other categorised, as follows :—

(i) Those who retired on medical grounds after attaining the age of 55 years prior to the date of issue of the O.M. dt. 18-3-1982 but the requests for compassionate appointments were pending decision on 18-3-82.

3772

(ii) Those who retired on, medical grounds after attaining the age of 55 years on or after 18-3-82, but before the revised orders had been circulated by the Ministry concerned to their sub-Ministry formations.

(iii) Those who retired on medical grounds after attaining the age of 55 years on or after the date of communication of the revised orders by the Ministry concerned.

The matter has been carefully considered and it has been decided that the Ministries may take decision in the above cases on the following lines :—

(i) In the first category, where the retirement took place before 18-3-82 Ministries/ Heads of Deptts. may take a decision without applying the restriction imposed in the OM dated 18-3-1982.

(ii) In the second category of cases, Ministries may examine the requests on merits of each case and make a reference to this Department only in those cases where they consider that it would be a fit case for recommending relaxation of the provisions of the OM dated 18-3-82.

(iii) In the third category of cases attracting the provisions of OM dated 18-3-82 no request for compassionate appointment by relaxing its provision may be entertained.

There is no objection for neviewing the decisions already taken in the above mentioned cases. on the lines indicated now.

No. 49015/3/83-Estt.(C)

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIN MANTRALAYA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS

(KARMIK AUR PRASHASNIK SUDHAR VIBHAG) New Delhi. the 10th November 1983

OFFICE MEMORANDUM

SUBJECT—Exemption from requirements of educational qualifications in respect 'f widows of

Government servants appointed on compassionate grounds.

The undersigned is directed to refer to this Department's O.M. No. 49019/6/80-Estt.(C), dated 19-10-1982 on the subject mentioned above exempting widows of Government servants appointed on compassionate grounds to the posts of peon from need for acquiring educational qualifications. Recently, references have been received in this Department from various quarters enquiring whether the provisions of the O.M. dated 19-10-1982 can also be made applicable to appointment of widows on compassionate grounds to Group D posts other than those of Peon. The matter has been considered carefully in this Department and it has been decided that the widows of government servants appointed to Group D posts other than those of peon on com-passionate grounds may also be exempted from the requirements of educational qualifications in terms of the aforesaid O.M. dated 19-10-1982 provided the duties of these posts (other than those of peon) can be performed by these widows satisfactorily without having the prescribed qualification of Middle Standard pass specified in the Recruitment Rules.

373

No. 14014/4/83-Estt(D)

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA DEPARTMENT. OF PERSONNEL AND ADMINISTRATIVE REFORMS

(KARMIK AUR PRASHASNIK SUDHAR VIBHAG) New Delhi, the 29th July 1983

OFFICE MEMORANDUM

SUBJECT—Compassionate appointment of the son/daughter/near relative of a deceased Govt. servant—Issue of Clearance Certificate regarding.

The undersigned is directed to refer to Ministry of Home Affairs (Deptt. of Personnel & A.R.) O.M. No. 14014/1/77-Estt.(D) dated the 25th November, 1978 under which the conso-lidated instructions relating to compassionate appointment of son/daughter/near relative of the deceased Govt. servant, who dies in harness, were issued. It has been brought to the notice of this Department that as in the case of normal appointments some of the Ministries have been seeking for a clearance Certificate from the Central (Surplus Staff) Cell of this Department/ Special Cell of the Directorate General, Employment & Training before making appointment to Group C or D posts on compassionate grounds. As the compassionate appointments are made in relaxation of the normal recruitment procedures with a view to providing immediate succour to the family of the deceased Government servant it is clarified that prior consultation with the surplus cell of this Deptt. in the case of Group C posts or of the DGE&T in regard to Group D posts, is not necessary where a competent authority decides to appoint a son/daughter/near relative of a deceased Government servant, on compassionate grounds.

No. 49019/6/80-Estt. (C)

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

DEPARTMENT OF PERSONNEL & A.R. New Delhi, the 19th October 1982

OFFICE MEMORANDUM

SUBJECT—Exemption from requirement of educational qualifications in respect of widows of deceased Government servants, appointed on compassionate grounds to the posts of Peon.

The undersigned is directed to say that the Staff Side of the Departmental Council (JCM) of the Department of Personnel & Administrative Reforms had demanded that the condition of acquisition of requisite educational qualifications may be waived in the case of widows of deceased Govt. servants, who were employed on compassionate grounds to the posts of Peon (Group 'D' post).

2. The demand of the Staff Side has been carefully considered and it has been decided that the widows of deceased Govt. servants appointed as Peons on compassionate grounds may be exempted from requirements of the educational qualifications as laid down in the Ministry of Home Affairs O.M. No. 13/1/51-NGS, dated 16-11-51.

3 It is requested that the above decision may be given vide publicity among all thz concerned.

374

Nu. 14014/10/80-Estt.(D)

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

DEPARTMENT OF PERSONNEL & A.R. New Delhi, the 18th March 1982

OFFICE MEMORANDUM

SUBJECT--Appointments of sons/daughters/near relatives of Government servants in Group 'C' and VD' posts who arc retired on medical grounds under Rule 38 of CCS (Pension) Rules, 1972.

The undersigned is directed to invite attention to para 6 of the revised instructions on the above subject circulated vide this Department's O.M. No. 14014 /1/77-Estt.(D) dated 25-11-78 (based on orders issued in 1972) which permits Departments to extend the benefit of compassionate appointment even in cases of Government servants retiring on medical grounds. These orders were issued mainly of the reason that Government servants retiring on medical grounds are deprived of the benefit of serving till the date of normal superannuation and that such premature retirement may in some cases for the families to live in indigent circumstances and may, therefore, deserve to be viewed with the same compassion as in the case of those who die while in service.

2. It has been noticed that of late there had been a state of cases of officers proceeding on retirement on medical certificates on various grounds and also claiming the appointment of their wards to Government service on compassionate grounds. In several cases such retirement are sought towards the fag-end of the service, that is, about the time the officer would have normally superannuated. Unlike the cases of death occurring where the family of the officer gets only a family pension, the officer retiring on medical grounds in such cases, would also be getting full or nearly full pension. Considering the cases of the wards of such officers for compassionate appoint-ments would be contrary to the spirit of the scheme itself under which the raison d'etre of granting the concessions to those retiring on medical grounds was that they had to leave service substantially prematurely.

3. It is, therefore, felt that extension of this benefit to sons/daughters/near relatives of officers retiring after they have attained the age of 55 years may not be justified. With a view to restricting the benefit of this concession to really deserving cases, it has been deemed that the benefits of compassionate appointment envisaged in para 6 of the instructions referred to above, should be confined to cases wherein Government servants retire on medical grounds before they attain the age of 55 years. Accordingly, the following sentence may please be added at the end of para 6 :

"This concession should not, however, be extended to cases where the Government servant has retired on or after attaining the age of 55 years."

3 75

No. 14014/1/77-Lstt. ‘D)

GOVERNMENT OF 1NDIAiBHARAT St5tK\R MINISTRY OF HOME AFFAIRS

(DEPARTMENT OF PERSONNEL AND A.R.) New Delhi, the 25th November 1978

OFFICE MEMORANDUM

SUBJECT :—Compassionate appointments of son/daughter/near relative of deceased Government servent-consolidared instructions.

The undersigned is directed to say that in supersession of this Department's O.M. No. 14034/1/77-Esti (D) dated 23rd May, 1978 the following revised instructions , are circulated for informal:en and ce It -Thence:—

1. Ministries/Departments are competent to appoint in relaxation of the procedure of recruitment, through the Staff Selection Cormission or Employment Exchange, but subject to the other

requirements set out below, the son/daughter/near relative of a Government servant who dies in harness, leaving his family in immediate need of assistance, in the event of there being no other earning member in the family, to a Group 'C' post or Group 'D' post; after, the proposal for such appointmenthas been approved by the , Joint Secretary Incharge of the Admi-nistration or Secretary in the Ministry/Department concerned. In attached and Subordinate Offices the power of compassion-ate appointment may be exercised by the }lead of the Depart-ment Under Supplementary Rules, 2(10).

2. While the restriction of the preeentage of 3 % earlier laid down for making compassionate appointments is removed The appointing authorities may exercise care so that the atm-ber of posts to be earmarked do not exceed substantially and significantly 50% of the vacancies in any calendar year aftil allowing forthe following reservations which will not be the same for all cadres:—

(i) Schedule Castes 15% Scheduled Tribe 7-5% Ex-Servicemen (in LDC posts)? . 10%

(iv) Group '13' employees (in LDC posts) 10% (v) Handicapped 3% (vi) Other categories Under"•

Considerations

3. Ministries/Departments are aware that — applicants for com-passionate appointment should be appointed only if they are eligible and suitable for the posts in all respectsoinder the provisions of the Recruitment Rules. Cases where the conditions of the family is very hard and appointment can be made only by relaxation of educational qualifications, De-partments may relax, educational qualifications in case of appointment at the lowest level i.e. Group 'D' or L.D.C. post where a son/daughter/wife/near -relative applying for the posts does not yet have the necessary qualification and has to be given an opportunity to acquire the requisite qualifications. This relaxation will be permitted for a period upto two years. Beyond this no relaxation of educational qualification will be admissible and the services of the person concerned is still unqualified arc liable to be terminated where the Minis-trieslDepartments deem it imperative in the context of the impecunious limit in condition of the family they may relax the age limit in accordance with the general orders No. 411155- RPS dt. 12-2-1955.

1. A. General Scheme

B. Authority Competency to make the appointments

2. Filling of posts

3. Eligibility

3 '2 6

4. Where the death took place long age. 4. Tt will not lone- be necessary for Departments to refer to De-partment of Personnel and Administrative Reforms cases of compassionate appointments of the wards of Government ser- vants merely because a long time, say 5 years has lapsed since the death of the Govt. servant. The Ministries/Department may consider such cases themselves on merit but while admitting claim of such applications. Ministries/Departments may please

,

keep in view the important fact that the concept of the compassionate appointment is largely related to the need for immediate assistance to the family on the passing away of the Goverment servant in harness. Then several years have passed after the death of a Government servant, it would appear prima ,

facie that the family has been able to manage some how all these years and had some means of subsistence. Ministries/Depart-

n

ments will no doubt deal with such requests with a great deal of circumspection in oder to give due allocation to more deserving cases. If any, the decision in such cases of belated appointments may be taken after the Secretary has approved of the proposal.

5. When there is an earning member.

5. In deserving cases even where there is an earning member in the family, a son/daughter/near relative of a Government servant who dies in harness leaving his family in indigent circumstances may be made with the prior approval of the Secretary of the Ministry[Department concerned, who before approving the appointment will satisfy himself that the grant of the concession is justified, having regard to the number of dependents left by the deceased Government servant the assets and liabilities left by him. The iacome of earning member as also is liabilities whether the earning member is resi ding with the family of the deceased Government servant and whether he should not be a source of support to the other members of the family.

6. Government servants retired on medical 6. In exceptional cases whom a Department is satisfied that th e grounds. condition of the family is indigent and in great distress, the

benefit of co naassionate appaintrneat may be extended to the son/ daughter/near relative of Gavt. servant retired on medical grounds under Rule 38 of the Central Civil Services Pension Rules) 1972 or corresponding provisions in the Central Civil Regulations.

7, Appointment to the post o ;peon etc. 7. In view of the existing ban on filling up of posts of Peons and Jarnadars, as long as the ban exists, compassionate appointments should be made only against Group `D° posts for the filling up of which there is not ban at present. Where however, there are no vacancies in such posts, compassionate appointments could be made, against posts of Peons/Messengers, provided that re-gular vacancies exist persons concerned are eligible and suitable for the job.

8. Deaths during re-employment or 8. It is hereby clarified that a son/daughter/near relative of a extenilon in service. Government servant who dies daring the period of extension

in service are eligible for the concession tinder the :tcherne of com-passionate appointments. However, the benefit of this scheme is not admissible to these Government servant who pass away during re-employment.

9. Request for change in post.

9. When a person has accepted a compassionate appointment to a particular post, the set of circumstances which led to his/ initial appointments, should be deemed to have ceased to exist and thereafter the person who has accepted compassionate appointment in a particular post should strive in his career life his colleagues for future advancement and claims for appointment to higher post or consideration of compassion should invariably be rejected.

10. Ministries/Departments may please take steps to amend Recruitment Rules in order to make specific provisions in the Rules for compassionate anpo

10. Recruitment Rules

intments under the Scheme.

3 7 7

11. Selective Approach.

12. General

11. It is necessary to emphasise that even though the quota for such appointments has been abolished Ministries/DePartments may kindly adopt a highly selective approach in view of the following consideration :—

(a) The appointments made on grounds of compassion should be done in such a way that persons appointed to the post do have the essential education and technical qualifications re-quired for the post consistent with the requirement of the maintenance of efficiency of administration.

(b)These instructions do not restrict employment of sons/daughter/ near relative of deceased Grou 'D' employee to a Group 13 post only. As such a son/daughter/near relative of a deceased employee can be appointed to a Group C post for which he is educationally qualified, provided, a vacancy in Group C exists.

(c) As the appointments have to be cleared at the Head of Depart-ment level, and as all the vacancies are to be pooled for com-passionate appointment it may be ensured that subordinate and field offices get an equitable share in the compassionate appointment.

12. The general proforma as in Annexure may continue to be used by Ministries/Departments for processing the cases of compassionate appointments.

P ROFORMA REGARDING EMPLOYMENT OF DEPENDENTS OF GOVERNMENT SERVANTS DYING WHILE IN SERVICE/RETIRED ON INVALID PENSION.

PART I

I. (a) Name of the deceased/(retired on invalid pension) employee.

(b) Designation of the employee

(c) Date of death/retirement on invalid pension.

(d) Total length of service rendered.

(e) Whether Permanent or Temporary

(f) Whether belonging to SC/ST.

H. (a) Name of the candidate for appointment.

(b) His/Her relationship with the employee.

(c) Date of birth

(d) Educational qualifications.

(e) Whether any other dependent has been appointed on compassionate grounds.

111. Particulars of total assets left including amount of

(a) Family Pens ion;

('o) D.G.R. Gratuity;

(c) G.P.F. Balances;

(d) L.I. Policies:

(e) Movable and immovable properties and annual income earned there from by the family.

37 8

IV. Brief particulars of liabilities if any

V. Particulars of all dependents of the employees (if some are em-ployed, their income and whether they are living together or separately). ___________ -- —

S. Name Relationship with the . Employed or not particulars of employment

No. employee & Age and emoluments.

M. DECLARATION

I do hereby declare that the facts given by me above are to the best of my kaowledge correct. If any of the farts herein, mentioned are found to be incorrect or false at a future date, my services may be terminated.

Signature of the candidate

Shri is known to me and the facts mentioned

by him are correct.

Name Address

PART II

I. (a) Name of the candidtes for appointment •

(b) Hisjher relationship with the employee. •

(c) Educational Qualifications. Age (date of birth) and experience, if any. . .

(d) Post for which employment is proposed. •

(e) Whether the post is to be filled in CSCS or in a non-participating office.

(f) Whether the Recruitment Rules provides for Direct Recruitment.

(g) Whether the candidate fulfills the requirements of the Recruitment Rules for the post.

(h) Apart from waiver of Employment Exchange procedure what other relaxations are to be given

U. Whether the facts mentioned in Part I have been verified by the office and if so indicate the records. Personal recommendations of the Head of the Departmenti Ministry. • •

If the empio,yee died/retired on invalid pension more than 5 years back, why the ;:ase rea ia: ,poser

earlier. mCiPF-35D of Pers. & Trg./37-19-10-S7 -10,000

Signature of permanent Govt. servant.

Name Address

I have verified that the facts mentioned by candidates above are correct. Signature of the Welfare Officer