COMPARISON OF 6TH AND 7TH CPC QUESTIONNAIRE

ALL INDIA ASSOCIATION OF PAY & ACCOUNTS OFFICERS (CIVIL)

(Recognised by Govt. of India)

Central Headquarter:2/10 Jamnagar House, New Delhi 110011

Address for communication: C/o. Regional Pay & Accounts Office, Ministry of Textile,

Prathistha Bhavan, 3^rd floor, 101 M.K. Road, Mumbai – 400020

SECRETARY GENERAL:  A.B.SUNILKUMAR  PRESIDENT:  S.S. CHAUHAN                                                                 M 09869253062                                    M 09013207971

AIAPAO(C)/CHQ/2014-14                                                  Dt. 23-4-2014                                    

Dear Friends/Comrades,

In continuation to letter dated 3-4-2014 circulating there with the intimation regarding one day convention of Confederation of Central Government Cazetted Officers' Organisations it is to inform that in the convention our association was represented  by Com. A.B. Sunilkumar, Secretary General, Shri. S.S. Chauhan, President and Shri.Suhashi Giri, Jt. Secretary General.

The circular No.1 dated 22-04-2014 issued by Shri. S.Mohan, Convener is enclosed as given below.From our side it is suggested to have staff and officers in the central government offices as it is the practice prevailing in banks PSUs etc so that entry to Group A of respective departments can be made and time bound promotion of Gr A can be availed. In case Group B can not be dispensed with immediately minimum residency period of 2 to 4 years in Group B is suggested so that entry to Group A organised service can be made . It is also suggested to have broader understanding and unity with other central government organisations like confederation of central Government Employees & Workers, Railway and Defence federations so that retrograde PFRDA bill can be resisted and reversed. The fate of pension and recommendation or exclusion of pension from ambit of 7th CPC and assigning the same to PFRDA authorities is also one of the threat hanging on all of us. It is there fore suggested to all branches to discuss in the branch meeting and give suggestion in respect of all demands so as to put up the final suggestion from our side to the Confederation of Central Government Gazetted Officers' Organisation. The suggestions framed by the respective branches may be emailed to Central Headquarter on or before 15th May 2014 so as to  finalise and submit the same on due date to CCGGOO.

The conference of the CCGGOO shall be held during second fortnight of June 2014. At present 13 federatrions/All India Associations participated. In order to strengthen CCGGOO more and more federations/All India Associations shall be contacted and encouraged to become members . As our members are spread all over India in different civil ministries, we are in a better position to contact various officer organsiations and it there fore requested all our office bearers / members to take suitable action to make the conference a grand success

                                                                                                    Yours fraternally

                                                                                                    (A.B.Sunilkumar)

                                                                                                    Secretary General

iNi

CONFEDERATION OF CENTRAL GOVERNMENT GAZETTED OFFICERS’ ORGANIZATIONS

.

        Cicular No /Confdn/2014 -15/1                                                                           Dated: 22.04.2014.

“If we all stand together we are a force that can shake the whole world”.

Dear Sir,

The Convention of Confederation of Central Government Gazetted Officers Organisations was held on 17^th April 2014. Chief Office bearers of 13 Federations/Associations representing 55,000 Officers participated. 35 Representatives and Office bearers from Audit and Accounts officers, CPWD Engineers, Central Excise Gazetted Officers, Pay and Accounts Officers, Statistical Officers, Postal Accounts Officers, Survey Officers, Customs Preventive Officers, all India radio engineers, Income Tax gazetted Officers, Zoological Survey Officers, Defence Research Development Organisation technical Officers, Indian Ordinance Factories Gazetted Group B Officers and Railway promote Officers attended the Convention.

Shri Bhaskar Bhattacharya, Secretary General, Income Tax Gazetted Officers Association welcomed the Gathering.  He briefly dwelt upon the objectives of the convention; the presidium consisting of Shri.S.B.Chaubey, General Secretary of Indian Ordinance Factories Gazetted Officers Association, Shri.Ravi Malik, General Secretary, All India Central Excise Gazetted Officers and Shri.Ajay Goyal, President of Income Tax Gazetted officers Association conducted the proceedings.

Shri S.Mohan, Secretary General of All India Audit and Accounts Officers Association, while introducing the draft declaration of the Convention, recalled how the idea of this Confederation emanated 10 years ago. He stressed upon the need for a forum for representing the grievances of Group B Gazetted officers.  He stated that the Group C is the most organised in the Central Government Set up while in the case of Group A officers, they themselves run the Government and they could take from the Government whatever they want, whereas Group B Gazetted officers remain the most unorganised category in the Central Government Working Segment and none of the demands of this category has been met by the Government The immediate need therefore, Shri. S.Mohan emphasised, was a JCM like forum for Group B Gazetted officers. He interalia pointed out the following:

1.      The pay scales were not uniform in the Group B Gazetted category across all the departments.  We have been divided and the Government was not considering us a force to reckon with.

2.       Before 6^th Pay Commission, the Confederation of Officers demanded that the categorising the officers as Group B Gazetted should be abandoned  and there was a need for only two categories in the Central Government,  viz. Gazetted Officer and Non Gazetted Staff.  The 6^th pay commission did not accept our demand.

3.      If the Government does not accept this demand, our  we should insistence before the 7^th Pay Commission to fix a minimum residency period for Gazetted Group B and after particular minimum residency period, every Gazetted Group B should be made Group A

4.       There is an immediate need to fix a decent pay for the Group B Gazetted Officers.

Shri. S.Mohan insisted that a permanent, feasible, a working body was very much necessary to take care of the Confederation of Officers’ demand and there should be consistent struggle to achieve our demand. Mere application/submission of representation to pay commission was not enough for achieving our demands.

All the Chief Office bearers of the 13 Federation who participated in the convention shared their experience and valued opinion about the draft declaration and suggested improvements to the draft declaration.

The prominent suggestions included (i) minimum residency period should be fixed for Group B Gazetted Cadre for induction into Group A,(ii) Time bound promotion to Gazetted Group B, (iii) Scrapping of New Pension Scheme, (iv)to dispense with food bill reimbursement, (v) Daily allowance to officials on LTC as was being practised in some PSUs/Banks, (vi) Annual Master Health Check-up from reputed Hospitals etc.  Finally it had been decided as follows.

1. All the 13 Federations shall carry our struggle to achieve our common demand of Gazetted Group B Officers.

2.  All the associations/Federations representing Gazetted Group B Officers in the Central Government whoever had not come so far and whoever was not approached till now shall be approached to bring them under the banner of Confederation of Central Government Gazetted Officers Organisations.

3.  A Common Memorandum on Gazetted Group B Officers shall be presented to 7^th Pay Commission. The Common Memorandum would also be a part of the submissions of the respective Association/Federation to the 7^th Pay Commission

4. Each individual Federation shall communicate to Shri.S.Mohan their opinion, suggestions, and demands before the 7^th CPC to before 25^th May 2014 so as to enable the core body to finalise the common memorandum on behalf of the Confederation.

5. It has been broadly decided to explore the commonality in approach between the JCM led organisations, its memorandum to the 7^th Central Pay Commission and that of the Confederation of Officers

6. Decided to hold a Conference at Kolkotta during the second fortnight of June 2014 to adopt the Constitution of Confederation and to elect a Body democratically.

7. As an interim arrangement, Shri. S.Mohan, as the Convenor, Shri.Baskar Bhattacharya as the Joint Convenor, and Shri. Raman Kumar Sharma, Secretary General, Indian Railway Promotee Officers Federation were nominated as core committee members.

The Convention concluded with the vote of thanks proposed by Shri. Baskar Bhattacharya, Secretary General, All India Income Tax Gazetted Officers Association.

S.Mohan

Convenor

ALL INDIA ASSOCIATION OF PAY &ACCOUNTS OFFICERS (CIVIL)

(Recognised by Govt. of India)

Central Headquarter:2/10 Jamnagar House, New Delhi 110011

Address for communication: C/o. Regional Pay & Accounts Office, Ministry of Textile,

Prathistha Bhavan, 3^rd floor, 101 M.K. Road, Mumbai – 400020

SECRETARY GENERAL:  A.B.SUNILKUMAR  PRESIDENT:  S.S. CHAUHAN                                                                 M 09869253062                                    M 09013207971

AIAPAO(C)/CHQ/2014-14                                                  Dt. 22-4-2014                         

Dear Friends/Comrades,

              Please find enclosed here with Circular No.6 dated 19-04-2014 issued by the convener, Joint Action Committee of Accounts & Audit Employees & Officers Organisations.

                All state / station /Zonal Branch Secretaries and office bearers  of All India Association of Pay & Accounts Officers (Civil) are requested to co-ordinate with local JACs where ever it is exists and make the signature campaign a great success by ensuring the signature of all our members latest by 31st May 2014. The number of members signatures obtained by each branches may be intimated to the central headquarter of the association through email.

                The effort may be initiated to form /revitilise the local JACs at each Station/States in consultation with constituent organisations and report there of may be intimated to Appex JAC under intimation to Central Headquarter

                                                                                          Yours fraternally

                                                                                         (A.B. Sunilkumar) 

                                                                                         Secretary General  

JOINT ACTION COMMITTEE OF ACCOUNTS & AUDIT EMPLOYEES & OFFICERS ORGANISATIONS

17/2 – C, P & T Quarters, Kali Bari Marg, New Delhi: - 110001

Email: v.aicaea@mail.com

                                       

No: JAC/ Circular-6/2014                                                                                        Date: 19^th April, 2014

To

                Chief Executive of Constituent Organizations &

                Conveners, local JACs

Dear Comrades,

                The apex JAC met on 9^th April, 2014 to review the programme of Joint Dharna on 26^th March 2014. Com. S. K. Vyas, Adviser, Confederation of Central Government Employees and Workers’, Com. V. Bhattacharjee, Convener, Apex JAC and Secretary General National Federation of Civil Accounts Associations, Com. T.    Satnarayana, General Secretary, All India Postal Accounts Employees Association, Com. A. K. Mehta, President, All India Civil Accounts Employees Association Category-II and Com. S.S. Chauhan, President, All India Association of Pay and Accounts Officers(Civil)alongwith Shri R. K. Gupta, Joint Secretary General of His organization attended the meeting. Com. M. S. Raja, Chairman, apex JAC and Secretary General All India Audit and Accounts Association could not attend the meeting due to ill health. 

Com.T. Satyanarayana, General Secretary, All India Postal Accounts Employees Association presided over the meeting. It was observed that, the programme of joint Dharna by local JACs on 26th March 2014 has been observed widely at several places. The meeting felt that there is a need to educate the mass of employees about the demands which the apex level JAC has adopted so that in future total participation of the members could be ensured in the programmes. Since the common demands of Stenographers/PAs/Sr.PAs are not there in the charter of demands, it has been decided to incorporate the same and constituents of apex JAC has been requested to send their proposals in this respect. As regards DEOs the situation in different constituents being different, it was decided at the very initial stage that, the demands of this cadre shall be dealt by the constituents departmentally. With this object in view, the meeting has decided that the “signature Campaign” may be launched during the month of April & May 2014 on a brief memorandum listing all the demands and with a request that these demands should be settled at the earliest.

                The memorandum is annexed to this circular. Signatures may be obtained in this memorandum in duplicate. One copy may be sent to the Prime Minister and another copy may be forwarded to the headquarters of apex JAC under intimation to headquarters of respective All India Associations. The signatures will be taken by local units under overall co-ordination of local JACs and each and every member may be approached individually for signature. It should be ensured that all the members sign it latest by 31^st May 2014.

                The apex JAC will finalise a tour programme during the months April, May & June 2014 in consultation with the Chief Executives of constituents of apex JAC  so that local JACs are revitalised and start functioning.

With greetings,

Yours fraternally,

(V. Bhattacharjee)

Convener

Date:          , 2014

To,

            Honb’ble Prime Minister,

            Government of India,

            South Block,   

New Delhi - 110013

Respected Sir,

            I have to submit that the following demands have been pending for discussion and settlement since the year 2009-2010.

1.      Payment of arrears of Pay from 1^st Jan 1996 to 18^th Feb 2003 as directed by Courts to Accounts & Audit cadres.

2.      i) Upgradation of LDC as Accounts/Audit Assistant and merger of Accountant/ Auditor and Senior Accountant/Auditor.

ii) Granting following pay scales to Accounts & Audit Cadres

                                                Accounts/ Audit Asstt - GP 2400. PB 1

                                                SA/PA                          - GP 4600, PB2

                                                AAO/Sr.PA                  - GP 5400, PB2

                                                AO                               - GP 6600, PB3

                                                SAO                             - GP 7600, PB4

iii) Granting MACP on departmental hierarchy basis

iv) Granting one increment and Grade pay of Rs: - 5400 from the day of passing AAO/SOG examination

  v) Granting three increments on passing departmental confirmatory examination.

3. Implementation of Arbitration Awards

            It has been decided in the meeting of the National Anomaly Committee that these demands may be discussed by Joint Secretary, Estt (DOPT) and Joint Secretary, Personnel (Department of Expenditure).  Twice the Joint Secretary, Personnel has informally met the members of the staff side.  last meeting was held on 14.02.2014. But this Sub-committee consisting of Joint Secretary, Personnel is yet to have first formal meeting to discuss these demands and to settle them.

            We therefore, request you to direct these officers to have early discussion with the staff side members with a view to settle these demands without further delay.

Yours Faithfully,

S.No.	Name and Designation	Department	Signature.

7-CPC QUESTIONNAIRE

GOVERNMENT OF INDIA

SEVENTH CENTRAL PAY COMMISSION

NEW DELHI-110001

Meena Agarwal

Secretary

D.O No. 7CPC/15/Questionnaire

9th April, 2014

Dear ………..,

As you may be aware the Seventh Central Pay Commissions has been constituted by the Government on 28 February 2014 with a view to go into various issues of emoluments’ structure, retirement benefits and other service conditions of Central Government employees and to make recommendations on the changes required. The terms of reference of the Seventh Central Pay Commission are available on thehttp://7cpc.india.gov.in .

2. A Questionnaire seeking the considered views of all stakeholders is enclosed. The response of your Ministry to this Questionnaire is sought. I shall be grateful if the replies are furnished to the Commission on or before 10th May, 2014, so as to enable the Commission to take them into account as part of its examination of the issues that it is mandated to address. The reply may be sent to Post Box No. 4599, Hauz Khas P.O, New Delhi 110 016, and in the case of email to secy-7cpc@nic.in.

Encl:- As above.

With Regards,

Yours sincerely,

(Meena Agarwal)

To all Secretaries to Govt of India

7th CPC Questionnaire

1. Salaries

1.1 The considerations on which the minimum salary in case of the lowest Group ‘C’ functionary and the maximum salary in case of a Secretary level officer may be determined and what should be the reasonable ratio between the two.

1.2 What should be the considerations for determining salary for various levels of functions falling between the highest level and the lowest level functionaries?

2. Comparisons

2.1 Should there be any comparison/parity between pay scales and perquisites between Government and the private sector? If so, why? If not, why not?

2.2 Should there at all be any comparison/parity between pay scales and perquisites between Government and the public sector? If so, why? If not, why not?

2.3 The concept of variable pay has been introduced in Central Public Sector Enterprises by the Second Pay Revision Committee. In the case of the Government is there merit in introducing a variable component of pay? Can such variable pay be linked to performance?

3. Attracting Talent

3.1 Does the present compensation package attract suitable talent in the All India Services & Group A Services? What are your observations and suggestions in this regard?

3.2 To what extent should government compensation bestructured to attract special talent?

4. Pay Scales

4.1 The 6th Central Pay Commission introduced the system of Pay Bands and Grade Pay as against the system of specific pay scales attached to various posts. What has been the impact of running pay bands post implementation of 6th CPC recommendations?

4.2 Is there any need to bring about any change?

4.3 Did the pay bands recommended by the Sixth CPC help in arresting exodus and attract talent towards the Government?

4.4 Successive Pay Commissions have reduced the number of pay scales by merging one or two pay scales together. Is there a case for the number of pay scales/ pay band to be rationalized and if so in what manner?

4.5 Is the “grade pay” concept working? If not, what are your alternative suggestions?

5. Increment

5.1 Whether the present system of annual increment on 1st Julyof every year uniformly in case of all employees has served its purpose or not? Whether any changes are required?

5.2 What should be the reasonable quantum of annual increment?

5.3 Whether there should be a provision of variable increments at a rate higher than the normal annual increment in case of high achievers? If so, what should be transparent and objective parameters to assess high achievement, which could be uniformly applied across Central Government?

5.4 Under the MACP scheme three financial up-gradations are allowed on completion of 10, 20, 30 years of regular service, counted from the direct entry grade. What are the strengths and weaknesses of the scheme? Is there a perception that a scheme of this nature, in some Departments, actually incentivizes people who do not wish to take the more arduous route of qualifying departmental examinations/ or those obtaining professional degrees?

6. Performance

What kind of incentives would you suggest to recognize andreward good performance?

7. Impact on other organizations

Salary structures in the Central and State Governments are broadly similar. The recommendations of the Pay Commission are likely to lead to similar demands from employees of State Governments, municipal bodies, panchayati raj institutions & autonomous institutions. To what extent should their paying capacity be considered in devising a reasonable remuneration package for Central Govt. employees?

8. Defence Forces

8.1 What should be the considerations for fixing salary in case of Defence personnel and in what manner does the parity with civil services need to be evolved, keeping in view their respective job profiles?

8.2 In what manner should the concessions and facilities, both in cash and kind, be taken into account for determining salary structure in case of Defence Forces personnel.

8.3 As per the November 2008 orders of the Ministry of Defence, there are a total of 45 types of allowances for Personnel Below Officer Rank and 39 types of allowances for Officers. Does a case exist for rationalization/ streamlining of the current variety of allowances?

8.4 What are the options available for addressing the increasing expenditure on defence pensions?

8.5 As a measure of special recognition, is there a case to review the present benefits provided to war widows?

8.6 As a measure of special recognition, is there a case to review the present benefits provided to disabled soldiers, commensurate to the nature of their disability?

9. Allowances

9.1 Whether the existing allowances need to be retained or rationalized in such a manner as to ensure that salary structure takes care not only of the job profile but the situational factors as well, so that the number of allowances could be at a realistic level?

9.2 What should be the principles to determine payment of House Rent Allowance?

10. Pension

10.1 The retirement benefits of all Central Government employees appointed on or after 1.1.2004 a re covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade?

10.2 As far as pre-1.1.2004 appointees are concerned, what should be the principles that govern the structure of pension and other retirement benefits?

11. Strengthening the public governance system

11.1 The 6th CPC recommended upgrading the skills of the Group D employees and placing them in Group C over a period of time. What has been the experience in this regard?

11.2 In what way can Central Government organizations functioning be improved to make them more efficient, accountable and responsible? Please give specific suggestions with respect to:

a) Rationalisation of staff strength and more productive deployment of available staff;

b) Rationalisation of processes and reduction of paper work; and

c) Economy in expenditure.

12. Training/ building competence

12.1 How would you interpret the concept of “competency based framework”?

12.2 One of the terms of reference suggests that the Commission recommend appropriate training and capacity building through a competency based framework.

a) Is the present level of training at various stages of a person’s career considered adequate? Are there gaps that need to be filled, and if so, where?

b) Should it be made compulsory that each civil service officer should in his career span acquire a professional qualification? If so, can the nature of the study, time intervals and the Institution(s) whose qualification are acceptable, all be stipulated?

c) What other indicators can best measure training and capacity building for personnel in your organization? Please suggest ways through which capacity building can be further strengthened?

13. Outsourcing

13.1 What has been the experience of outsourcing at various levels of Government and is there a case for streamlining it?

13.2 Is there a clear identification of jobs that can be outsourced?

14. Regulatory Bodies

14.1 Kindly list out the Regulators set up unde r Acts of Parliament, related to your Ministry/ Department. The total number of personnel on rolls (Chairperson and members + support personnel) may be indicated.

14.2 Regulators that may not qualify in terms of being set up under Acts of Parliament but perform regulatory functions may also be listed. The scale of pay for Chairperson /Members and other personnel of such bodies may be indicated.

14.3 Across the Government there are a host of Regulatory bodies set up for various purposes. What are your suggestions regarding emoluments structure for Regulatory bodies?

15. Payment of Bonus

One of the terms of reference of the 7th Pay Commission is to examine the existing schemes of payment of bonus. What are your suggestions and observations in this regard?

Source: http://7cpc.india.gov.in

http://supremecourtofindia.nic.in/judges/bio/122_akmathur.htm

Women employee can avail uninterrupted leave for two years for child care : Supreme Court

Women employee can avail uninterrupted leave for two years  for child care : Supreme Court

PRESS NEWS

The Supreme Court  held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. 

A bench of justices S J Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

"On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc," the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government.

The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government's decision not to grant her leave of 730 days for preparing her son for secondary/senior examinations.

She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court's order.

"We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement," it said.

FNo.42011/2/2014-Estt (Res)

Government of India 

Ministry of Personnel, Public Grievances & Pensions 

Department of Personnel &Training 

.... 

New Delhi, dated the 13" February, 2014 

OFFICE MEMORANDUM 

Subject: Representation of SC, ST, OBC, Minorities and the Women on 

Selection BoardlCommittees. 

The undersigned is directed to draw attention of the MinistriesIDepartments to this Department's O.M. No.4201111511995-Estt(SCT) dated 1lthhly, 1995. Para 2 provided as follows:- 'L 2. [n partial modification of the above instructions it has now been decided that wherever a Selection Committee Board exists or has to be constituted for making recruitment to ten or more vacancies in Group 'C' or Group 'D' posts or services it shall be mandatory to have one Member belonging to SCISTIORC and one Membcr belonging to Minority Community in such CommitteeslBoards. Further, one of the Members of the Selection CommitteesBoards whether koin the general category or from the minority community or from SC, ST,OBC should be a lady failing which a lady member should be co opted on the CommitteeBoard. It may please be ensured that where the number of vacancies against which the selection is to be made is less than ten no effort should be spared in finding SCISTIOBC officer, minority community officer and a lady officer as explained in para (2) for inclusion in such ComrnitteeslBoards. " 

2. The matter has been reviewed and in partial modification of above instructions, it has now been decided that wherever a Selection CommitteeIBoard exist or has to be constituted for making recruitment to 10 01. more vacancies in any level of posts or services, it shall be mandatory to have one Member belonging to SCIST, one Member belonging to OBC category and one Member belonging to Minority Community in such CommitteeslBoards. Further, one of the members of the Selection ComrnitteeIBoard, whether from the general category or from the minority community or from the SCISTIOBC community should be a lady failing which a lady member should be co-opted on the CommitteeBoard. It may also be ensured that where the number of vacancies against which selection is to be made is less than ten, no effort should be spared in finding the SCIST, OBC officer and the Minority Committee Officer and a lady officer, for inclusion in such ComrnitteesBoards. 

3. Similar instructions in Public Sector Undertakings and Financial Institutions including Public Sector Banks will be issued by Department of Public Enterprises and Ministl-j of Finance respectively. Under Secretaq to the Government of India 

1. All Ministries/Departments of the Govt. of India 

2. Department of Public Enterprises, CGO Complex, New Delhi 1 10003. 

3. Department of Financial Services, Ministry of Finance, Jeevandeep 

Building, New Delhi 110001 

4. Railway Board 

5. Supreme Court of IndiaElection Commission/ Lok Sabha 

Secretariatmajya Sabha SecretariaUCabinet SecretariatICentral Vigilance 

CommissionlPresident's Secretariat~Prime Minister's Office, Planning 

Commission. 

6. National Commission of Scheduled Casted National Commission of 

Scheduled Tribes, Lok Nayak Bhavan New Delhi 

7. National Commission for OBC, Triit-I, Bhikaji Cama Place, 

R.K.Puram, New Delhi 

8. Union Public Service Commission, Dholpur House, Shahjahan Road, 

New Delhi 

9. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi. 

10.All Sections of DOPT. 

Copy also to Director,NIC, DOPT with the request to upload in the website 

of DoPT under the head Estt(Resewation). 

No. 20011/1/2012-Estt. (D) 

Government of India 

Ministry of Personnel, Public Grievances & Pension 

Department of Personnel & Training 

*** 

North Block, New Delhi, 

Dated the 4th March, 2014 

OFFICE MEMORANDUM 

Subject: Inter se seniority of direct recruits and promotees - instructions thereof 

The undersigned is directed to refer to the subject mentioned above and to say that the fundamental principles of inter se seniority of direct recruits and promotees in Central Civil Services/posts were laid down in the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS dated 29.12.1959 which provided, inter alia, that the relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees, which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively, in the Recruitment Rules. 

2. The carrying forward of unfilled slots of a vacancy year, for being filled up by direct recruits of later years, was dispensed with through modified instructions contained in DoPT O.M. No.35014/2/80-Estt.(D) dated 7.2.1986 which provides that rotation of quotas for purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. The unfilled direct recruitment/promotion quota vacancies would be carried forward and added to the corresponding direct recruitment/promotion quota vacancies of the next year (and to subsequent years where necessary) for taking action for the total number of direct recruitment/promotion according to the usual practice. Thereafter, in that year, while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees, as determined according to the quota for that year, the additional 

direct recruits/promotees selected against the carried forward vacancies of the previous year, would be placed en-bloc below the last promotee/direct recruit, as the case may be, in the seniority list, based on the rotation of vacancies for that 

*** 

3. All the existing instructions on seniority were consolidated by DoPT through a single O.M. No. 22011/7/86-Estt(D) dated 03.07.1986. 4. In view of divergent stance taken by different Ministries/Departments on interpretation of 'available direct recruits and promotees' in the context of OM dated 7.2.86, the DoPT had issued O.M. No. 20011/1/2006-Estt.(D) dated 3.3.2008 which provided that the actual year of appointment, both in the case of direct recruits and promotees, would be reckoned as the year of availability for the purpose of rotation and fixation of inter se seniority. 

5. The matter has been examined in pursuance of Hon'ble Supreme Court Judgment on 27.11.2012, in Civil Appeal No. 7514-7515/2005 in the case of N.R. Parmar vs. U01 & Ors in consultation with the Department of Legal Affairs and it has been decided, that the manner of determination of inter-se-seniority of direct recruits and promotes would be as under: 

a) DoPT OM No. 20011/1/2006-Estt.(D) dated 3.3.2008 is treated as non-existent/withdrawn ob initio; 

b) The rotation of quota based on the available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided in DOPT O.M. dated 7.2.1986/3.07.1986, would continue to operate for determination of inter se seniority between direct recruits and promotees; 

c) The available direct recruits and promotees, for assignment of inter se seniority, would refer to the direct recruits and promotees who are appointed against the vacancies of a Recruitment Year; 

d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year; 

e) Initiation of recruitment process against a vacancy year would be the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits; in the case of promotees the date on which a proposal, complete in all respects, is sent to UPSC/Chairman-DPC for convening of DPC to fill up the vacancies through promotion would be the relevant date. 

f) The initiation of recruitment process for any of the modes viz. direct recruitment or promotion would be deemed to be the initiation of recruitment process for the other mode as well; 

g) Carry forward of vacancies against direct recruitment or promotion quota would be determined from the appointments made against the first attempt for filling up of the vacancies for a Recruitment Year; 

h) The above principles for determination of inter se seniority of direct recruits and promotees would be effective from 27.11.2012, the date of Supreme Court Judgment in Civil Appeal No. 7514-7515/2005 in the 

case of N.R. Parmar Vs. U01 & Ors 

2  The cases of seniority already settled with reference to the applicable interpretation of the term availability, as contained in DoPT O.M. dated 7.2.86/3.7.86 may not be reopened. 

7. As the conferment of seniority would be against the Recruitment Year in which the recruitment process is initiated for filling up of the vacancies, it is incumbent upon all administrative authorities to ensure that the recruitment process is initiated during the vacancy year itself. While requisition for filling up the vacancies for direct recruitment should be sent to the recruiting agency, complete in all respects, during the vacancy year itself, the timelines specified in the Model Calendar for DPCs contained in DoPT O.M. No.22011/9/98-Estt(D) dated 8.9.98 and the Consolidated Instructions on DPCs contained in O.M. No.22011/S/86-Estt(D) dated April 10, 1989 should be scrupulously adhered to, for filling up the vacancies against promotion quota. 

(Mukta Goel) 

Tele: No. 23092479 

Director 

All Ministries/Departments of the Government of India 

1. The President's Secretariat, New Delhi. 

2. The Vice-President's Sectt, New Delhi 

3. The Prime Minister's Office, New Delhi. 

4. The Cabinet Secretariat, New Delhi. 

5. The Rajya Sabha Secretariat, New Delhi. 

6. The Lok Sabha Secretariat, New Delhi. 

7. The Comptroller and Audit General of India, New Delhi. 

8. The Secretary, Union Public Service Commission, New Delhi 

9. The Secretary, Staff Selection Commission, New Delhi. 

10. All attached offices under the Ministry of Personnel, Public Grievances and 

11. All Officers and Sections in the Department of Personnel and Training. 

12. Establishment(D) Section, DoP&T (10 copies) 

13. NIC for updation on the website. 

(Mukta Goel) 

Tele: No. 23092479 

Director 

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