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Office Memorandum Subject: N o Supersession in Promotion-Review of Recruitment Rules

It further notes that some rules notified after 2002 still did not follow the 2002 guidelines. All ministries are again strongly requested to review and amend rules covering all posts

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0% found this document useful (0 votes)
76 views11 pages

Office Memorandum Subject: N o Supersession in Promotion-Review of Recruitment Rules

It further notes that some rules notified after 2002 still did not follow the 2002 guidelines. All ministries are again strongly requested to review and amend rules covering all posts

Uploaded by

Anu Parivaar
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
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No.

3503417197-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi- 110 00 1


September 15,2005

OFFICE MEMORANDUM

Subject: - N o supersession in promotion- Review of Recruitment


Rules.

The undersigned is directed to invite attention to the provisions of


DoPT O.M. of even number dated 16' February, 2005 (copy enclosed) on the
above noted subject and to say that the status report sought by 31'' May, 2005
regarding review of the existing Service RulesRecruitment Rules to bring them
in conformity with the provisions of DoPT O.M. of even number dated 8th
February, 2002 has not been received from most of the Ministries/Departments.
Therefore, possibility of some of the Service RulesRecruitment Rules not
being reviewed as required persists.

2. Lok Sabha Sectt have separately informed DoPT that scrutiny of some
of the Recruitment/Service Rules notified in 2003 and 2004, reveals that old
entries viz. 'selection by merit' and 'selection-cum-seniority' have been used
ignoring the provisions of DoPT O.M. dated 8" February, 2002. Lok Sabha
Sectt have pointed out that non-observance of the guidelines of DoPT on the
subject will lead to lack of uniformity in fiaming of Service RulesRecruitment
Rules and provide scope of different interpretations of the Rules. In this
regard, some of the Recruitment Rules referred to by them are: -

(1) The Ministry of Shipping, Road Transport and Highways,


Department of Shipping, Accountant (Group 'B' Non-Gazetted
posts) Recruitment Rules, 2004 (GSR 354 of 2004)

(2) The Indian Air Force Group 'C' & 'D'Industrial Posts Recruitment
(Amendment) Rules, 2003 (SRO 50 of 2003)

(3) The National Cadet Corps Directorate Packers Recruitment Rules,


2003(SRO 64 of 2003)
(4) Army Ordnance Corps (Group 'B' Gazetted) Ordnance Officer
Civilian (Stores) Recruitment Rules, 2003 (SRO 7 1 of 2003)

(5) The Navy Group 'C' (Instructional Staff) Posts Recruitment Rules,
2003 (SRO 62 of 2003).

(6) The Ministry of Labour, Directorate General of Employment and


Training (Group- 'C' and 'D') Recruitment Rules, 2004(GSR 344 of
2004)

3. It is, therefore, observed that the Rules notified by certain


MinistriesDepartments after issue of O.M. dated 8.2.2002 are not hlly in
conformity with the provisions of the said Office Memorandum.

4. All MinistriesDepartments are again requested to immediately review


the existing Service RulesRecruitment Rules, including those notified after 8'
February 2002, in respect of all Posts/Services in the MinistryDepartment, and
their attached and subordinate offices, to bring the provisions of the relevant
Rules in conformity with the provisions of DoPT O.M. dated 8.2.2002.

5. A certificate to the effect that all the Senrice RulesRecruitment Rules in


respect of all Services/posts in the MinistryIDepartment concerned, including in
the attachedsubordinate offices, have been reviewed and action has been
initiatedcompleted to bring the provisions of the relevant Service Rules
Recruitment Rules in conformity with the requirements of DoPT O.M. dated
8.2.2002, may please be h i s h e d to DoPT latest by 31'' December, 2005.

Director

All MinistriedDepartrnents of Govt. of India


COPYtot-

Lok Sabha Sectt, Parliament House Annexe, New Delhi. (Ref their O.M. No.
3 8/273)/CIV2005 dated 12" April, 2005).
Copy also to:-

The President's Secretariat, New Delhi.


The Prime Minister's Office, New Delhi
Cabinet Secretariat, New Delhi.
Lok Sabha Sectt IRajya Sabha Sectt
The Registrar, Central Administrative Tribunal, Principal Bench, New
Delhi.
The Comptroller and Auditor General of India, New Delhi.
Secretary, Union Public Service Commission, New Delhi..
Secretary, Staff Selection Commission, New Delhi.
All attached offices under the Ministry of Personnel, Public Grievances
and Pensions.
National Commission for SCs, New Delhi.
National Comrnission for STs, New Delhi.
National Commission for OBCs, New Delhi.
Secretary, National Council(JCM), 13, Ferozeshah Road, New Delhi
All Officers and Sections in the Department of Personnel and Training.
Facilitation Center, DoP&TC20 copies).
Establishment (D) Section (200 copies)
North Eastern Council Sectt
*****
No. 35035/7/97-Estt(D)
Govefnment of India
Ministry of Personnel, Public Grievances and Pensions.
(Department of Personnel and Training)

New Delhi- 110001


February 16,2005
OFFICE MEMORANDUM

Subject:- DPC Guidelines - No supersession in promotions - regarding.


.........
The undersigned is directed to refer to DoPT OM No. 35034/7/97-Estt (D)
dated 8.2.2002 on the above noted subject and to say that in accordance with the
decision of the Government not to permit supersessions in promotions, a l l
Min.stries/Deparbnents were requested to take immediate steps to arnend the
Service/Recruitment Rules of various se~ces/posts/gradesso as to appropriately
incorporate the mode of promotion as 'selection' in place of 'selection by merit'
and 'selection-cwn-seniority', as the case may be, to bring them in conformity
with the above decision of the Government and to make promotions accordmgly.
To facilitate the amendments to the relevant Service RulesLRecruitment Rules,
consultation with DoPT before carrying out the required amendments was
dispensed with.

2. It has been brought to the notice of this Department by the UPSC that the
MinistriesIDepartments have not initiated action to amend the Service
RulesLRecruitment Rules and the Commission is being requested to hold DPCs in
accordance with existing Service RulesLRecruibnent Rules which provide for
supersessions. Accordingly, the Commission has decided that any proposal for
DPC, which is received and is found to be against the revised policy instructions,
will be returned to the Ministries/Departments. A proposal would be considered
only when the relevant Service RulesLRecruitment Rules were amended as
envisaged in the DoPT OM dated 8.2.2002.

4. As orders in the matter were issued almost 3 years back, a situation where
the Rules have still not been amended in conformity with the above decision of the
Government cannot be justified or allowed to continue. All
Ministries/Departments are, accordingly, requested to ensure that they review all
Recruitment/Service Rules and carry out amendments in conformity with the
decision contained in DoPT O.M. dated 8.2.2002 through a time bound exercise.

Contd..Z/-
5. A status report in this regard may be furnished to this Department latest by
3 la May 2005. The decision of the UPSC may also be noted.

@'--L-C
(Alok Saxena)
Director
To
All Ministries/btparttnmts o f the Government o f India.

1. The President's Secretariat, New Delhi.


2. The Prime Minister's Office, New Delhi.
3. Cabinet Secretariat, New Delhi.
4. Rajya Sabha Secretariat1Lok Sabha Secretariat, New Delhi.
5. The Registrar General, Supreme Court of India.
6. The Registrar, Central Administrative Tribunal, Principal Bench, New
DeUli.
7. The Comptroller and Audit General of India, New Delhi.
8. Secretary, Union Public Service Commission w.r.t. his D.0 No.
F. 10/7/2001-AUC dated 4.1.2005.
9. St& Selection Commission, New Delhi.
10.All attached offices under the Ministry of Personnel, Public Grievances and
Pensions.
11.National Commission for Scheduled Castes, New Delhi.
12.National Commission for Scheduled Tribes, New Delhi.
13.National Commission for OBCs, New Delhi.
14. Secretaty, National CouncilCJCM), 13, Ferozeshah Road, New Delhi
15. Establishment Officer & A.S.
16.All Officers and Sections in the Department of Personnel and Training.
17. Director(CS), Lok Nayak Bhawan, Khan Market, New Delhi.
18. Facilitation Center, DoP&T(20 copies).
19.NIC (DoP&T) for placing this Office Memorandum on the Website of
DoP&T
20. Establishment @) Section (200 copies).
F.No.3 5034/7/97-Estt@)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

-
New Delhi 110 001
February 8, 2002

Subject :-Procedure t o be observed by Departmental Promotion


Committees (DPCs) -No supersession in 'selection'
-
promotion Revised Guidelines regarding.

1
(i) DoP&T 0.M.No. T h e undersigned is directed to invite reference to the Department of
2201 11.5186-
Estt(D) dated
Personnel and Training (DoP&T) Offrce Memorandum (O.M.) No.22011/5/86-
10.3.1989 Estt(D) dated March 10,1989 and O.M. of even number dated April 10,1989
(ii)DoP&T 0.M.No. [as amended by O.M.No.22011/5/91-Es tt@) dated March 27, 19971 whicb
22011/5/86- contain the instructions on the Departmental Promotion Committees (DPCs)
EsstL(D) dated
10.4.1989 and related matters. In regard to the 'selection' mode of promotion
('selection-cum-seniority' and 'selection by merit'), the aforesaid instructions
(iii)I)oP&T 0.M.No.
2201 115191- prescribe the guidelines (as briefly discussed in paragraph 2 below) for
Estt(D) dated
27.3.1997
overall 'grading' to be given by the DPC, 'bench-mark' for assessment of
performance and the manner in which the 'select panel' has to be arranged for
promotions to various levels of posvgrade.

2. Existing Guidelines

2.1 4b per the existing (aforementioned) instructions, in promotions ip to


and iwct'udihg the level in the pay-scale of Rs.12,000-16,500 (excepting
promotions to Group 'A' posts/services from the lower group), if the mode
happens to be '&ction-cum-seniox, then the bench-mark prescribed is
'good' and ot'ficers obtaining the said bench-mark are arranged in the select
panel in the order of their seniority in the lower (feeder) grade. Thus, there is
no supersessiun among those who meet the said bench-mark. Officers getting
a grading lower than the prescribed bench-mark ('good') are not empanelled
for promotion.
2.2 I n the case of promotions from lower Groups to Group 'A', while the
mode of promotion happens to be %election by merit', the bench-mark
prescribed is 'good' and only those officers who obtain the said bench-mark
are promoted in the order of merit as per grading obtained. Thus, officers
getting a superior grading supersecle those getting lower grading. In other
words, an omcer graded as 'outshnding' supercedes those graded as 'very
good' and an officer graded as 'very good' supersedes officers graded as
'good'. Officers obtaining the same grading are arranged in the select panel in
the order of their seniority in the lower grade. Those who get a grading lower
than the prescribed bench-mark ('good') are not empanelled for promotion.

2.3 I n promotions to the level in the pay-scale of Rs.12,000-16,5W/- and


above, while the mode of promotion is 'glection by merit', the bench-mark
prescribed is 'very good' and only those officers who obtain the said bench-
mark are promoted in the order of merit as per the grading obtained, officers
getting superior grading supersede those getting lower grading as explained in
paragraph 2.2 above. Officers obtaining the same grading are arranged in the
select panel in the order of their seniority in the lower grade. Those who get a
grading lower than the prescribed bench-mark ('very good') are not
empanelled for promotion

3. - - Guidelings
Kevised

T h e aforementioned guidelines which permit supersession in


'selection' promotion ('selection by merit') have been reviewed by the
Government and after comprehensive/extensive examination of relevant issues
it has been decided that there should be no supersession in matter of
'selection' (merit) promotion at any level. In keeping with the said decision,
the following revised promotion norms/ guidelines, jn partial modification (to
- ---
the extent relevant for the purpose of these instructions) of all existing
instructions on the suhiect (as referred to in paragraph 1 above) are
prescribed in the succeeding paragraphs for providing guidance to the
Departmental Promotion Committees (DPCs).
3.1 Mode of Promotion

I n the case of 'selection' (merit) promotion, the hitherto existing


distinction in the nomenclature ('selection by merit' and 'selection-cum-
seniority') is dispensed with and the mode of promotion in all such cases is
rechristened as 'se/ectiod only. The element of selectivity (higher or lower)
shall be determined with reference to the relevant bench-mark ("Very Good"
or "Good") prescribed for promotion.

3.2 'Bench-mark' Sgr promotion

rheDPC shall determine the merit of those being assessed for


promotion with reference to the prescribed bench-mark and accordingly
grade the ofticers as 'fiJ' or 'unfit' only. Only those who are graded 'fit' (i.e.
who meet the prescribed bench-mark) by the DPC shall be included and
arranged in the select panel in order to their inter-se seniority in the feeder
grade. Those otl'lcers who are graded 'unfit' (in terms of the prescribed
bench-mark) by the DYC shall not be included in the select panel. Thus, there
shall be nu supersession in promotion among those who are graded 'fit' (in
terms of the prescribed bench-mark) by the DPC.

3.2.1 Although among those who meet the prescribed bench-mark, inter-sc
seniority of the feeder grade shall remain intact, eligibility for promotion will
no doubt be subject to fulfilment of all the conditions laid down in the relevant
Recruitment/Service Rules, including the conditions that one should be the
holder of the relevant feeder post on regular basis and that he should have
rendered the prescribed eligibility service in the feeder post.
3.3 Promotion to the revised pay-scale (grade)
of Rs.12,000-16,500 and above

(i) The mode of promotion, as indicated in paragraph 3.1 above,


shall be 'selection'.

(ii) The bench-mark for promotion, as it i s now, shall continue to be


- good'. This will ensure element of higher selectivity in
'very
comparison to selection promotions to the grades lower than the
aforesaid level where the bench-mark, as indicated in the
following paragraphs, shall be 'good' only.

(iii) The DPC shall for promotions to said pay-scale (grade) and
above, grade oficers as 'w or 'unfit' only with reference to the
bench-mark of 'very good'. Only those who are graded as 'fit'
shall be included in the select panel prepared by the DPC in
order of their inter-se seniority in the feeder grade. Thus, as
already explained in paragraph 3.2 above, there shall be no
supersession in promotion among those who are found 'fit' by
the DYC in terms of the aforesaid prescribed bench-mark of
'very good'

3.4 Promotion to grades below the revised pay-scale


(grade) of Hs.12,000-16,500 (including promotions
from lower Groups to Group 'A' posts/gradeslservices)

(i) The mode of promotion, as indicated in paragraph 3.1 above,


shall be 'selection'.

(ii) The bench-mark for promotion, as it is now, shall continue to be


'good'.

(ii) The DPC shall for promotion to posts/grades/services in the


aforesaid categories, grade officers as 'frt' or 'unfit' only with
reference to the bench-mark of 'good'. Only those who are
graded as 'Wt' shall be included in the select panel prepared by
the DPC in order of their inter-se seniority in the feeder grade.
Thus, as already explained in paragraph 3.2 above, there shall
be no supersession in promotion among those who are found
'tit' by the DPC in terms of the aforesaid prescribed bench-
mark of 'good'.
3.5 Zone of consideration

T h e guidelines relating to the 'zone of consideration' in its existing

22011/1/ 90- form (twice the number of vacancies plus four) shall continue to have general
Estt(D) dated application. However, in view of the modifications in promotion norms
12.10.1990
indicated in paragraph 3 3 above, the following stipulation [as is already
applicable in the case of promotions below the revised pay-scale (grade) of
Rs.12,000-16,5001- DoP&T O.M.no.22011/8/98-Estt@) dated November 6,
19981 is also made in the regard to the zone of consideration for promotion to
the revised pay-scale (grade) of Rs.12,000-16,5001- and above:

"While the zone of consideration would remain c ~ s already


prescribed, the bPC, in the aforesaid cattgory of cases, may assess the
suitability of eligible employees in the zonc of consideration (in the
descending order) for incIw/on in the pcrml for pmmotion up to a number
whkh 13 considered sufiikiknt a @ , the number o f ycltancies. With
regad to the number o f employees to be includcd lit the pone/, the W C
may also be required to keep in vliw the / n s f n c t i . issued w'de
DepVment o f PCTSONC~ and Tminihg Office M e h u m hb.
22011/18/87-€stt(b) dated A p / l 9, 1996 relatihg to norms for
ppllrihy &ended panel for promotion. I n r u p r c t of the remainihg
employees, the DPC may put a note in the mrirutcs that "the assessment
of the remainuirp employees in ihe zone o f considerutrbn 13 comidemd not
necesscuy as suffkimt number of employees with pnscrikd bench-mark
have become awiloble."

4. Provisions of the paragraph 1 (vii) of the DoP&T 0.M.NoAB-


1401712197-Estt(RR) dated May 25, 1998 stand modified in accordance with
these revised instructions. In addition to this, if the guidelines contained in
this Office Memorandum come in conflict with the provisions of any other
executive instructions (O.M.) issued by DoP&T on this subject, the same shall
be taken to be modified to the extent provided herein.

5. T h e instructions contained in this Office Memorandum shall come into


force from the date of its issue.
... ..6
6. Ministries/Departments are requested to give wide circulation to these
revised instructions for general guidance in the matter so that immediate steps
are taken to amend the Service Rules/Recruitment Rules of various
services/posts/grades so as to appropriately incorporate the mode of
promotion as iselection' (in accordance with these instructions) in place of
'selection by merit' and 'selection-cum-seniority' (as was hitherto prescribed
by the aforementioned O.M. dated March 27, 1997) as the case may be. The
powers to amend Service RulestRecruitrnent Rules In this regard are delegated
to the Ministries/Departments. DoP&T need not be consulted to carry out the
required amendments.

7--,..s,
td 1 - i
(ALOK SAXENA)
Deputy Secretary t o the Government o f India

All Ministries/Departrnents of the Government of India

Copy t0:-

1. The President's Secretariat, New Delhi.


2. The Prime Minister's Ofice, New Delhi.
3. The Cabinet Secretariat, New Delhi.
4. The m y a Sabha Secretariat, New Delhi.
5. The Lok Sabha Secretariat, New Delhi.
6. The Comptroller and Audit General of India, New Delhi.
7. The Union Public Service Commission, New Delhi with
reference to their letter No.10/7/2001-AU(C) dated 30.10.2001
(20 copies).
The Staff Selection Commission, New Delhi.
All attached offices under the Ministry of Personnel, Public
Grievances and Pensions
Establishment Officer & Secretary, ACC (10 copies)
(Smt Chitra Chopra)
All Officers and Sections in the Department of Personnel and
Training.
Establishment (RR) Section, DoP&T (10 copies). They may also
issue separate instructions in terms of the position indicated in
paragraph 4 above.
Facilitation Centre, DoP&T - 20 spare copies
NIC (DOP&T Branch) for placing this Office Memorandum on
the website of DoP&T.
Establishment (D) Section, DoP&T (500 copies)

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