REVISED INSTRUCTIONS RELATING TO SENIORITY OF DIRECT RECRUITS AND
PROMOTEES AND INTER-SE SENIORITY THEREOF: DOPT OM DATED 13.08.2021
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https://dopt.gov.in/sites/default/files/2001122019EsttD13082021.pdf
https://dopt.gov.in/sites/default/files/2001122019EsttD13082021.pdf
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No.
20011/2/2019-Estt. (D)
Government
of India
Ministry
of Personnel, Public Grievances & Pensions
Department
of Personnel & Training
North Block, New Delhi
Dated: 13th August, 2021.
OFFICE
MEMORANDUM
Subject:
Judgement of the Hon’ble Supreme Court of India in Civil Appeal No. 8833-8835
of 2019 of K. Meghachandra Singh & Ors. Vs Ningam Siro & Ors – revised
instructions relating to seniority of direct recruits and promotees and inter-se
seniority thereof — reg
The undersigned is directed to say that the fundamental
principles of determining 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 inter alia
provided that. the infer se seniority of direct recruits and promotees shall be
determined according to the rotation of vacancies between direct recruits and
promotees, which shall be based on the quotas of vacancies. provided in the
Recruitment Rules for direct recruitment and promotion respectively.
2. The carry forward of unfilled slots of a
vacancy year. to be 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 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 determining the total number of direct recruitment or
promotion vacancies to filled up as per usual practice. For determining inter-se
seniority between direct recruits and promotees, it would be done as per
rotation of quota to the extent of number of vacancies for direct recruits and
promotees, as determined according to the quota for that year and the
additional direct recruits/promotees selected against the carried forward
vacancies of the previous year, to be placed en-bloc below the last
promotee/direct recruit as the case may be, in the seniority list. 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.
3. Subsequently. vide O.M. No.
20011/1/2006-Estt.(D) dated 3.3.2008. the term ‘available’ as provided in OMs
dated 7.2.1986/3.7.1986 was sought to be clarified, wherein it was clarified
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. This was however, challenged
before the Hon’ble Supreme Court of India in Civil Appeal No. 7514-7515/2005 in
the case of N.R. Parmar v/s Union of India & Others. In its judgement dated
27.11.2012 in the said case. the Hon’ble Apex Court held that 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 particular recruitment year. where the recruitment year shall be
the year in which the recruitment process for either of the modes of
recruitment (direct recruitment or promotion) for a particular vacancy year is
initiated viz. initiation of recruitment process against a vacancy year would
mean the date of sending of requisition for filling up of vacancies to the
recruiting agency in the case of direct recruits or the date on which a
proposal, complete in all respects, is sent to UPSC/Chairman-DPC for convening
of DPC to fill up vacancies earmarked for promotion.
4. The law laid down in the N.R. Parmar
case relating to determination of inter se seniority between direct recruits
and promotees in a grade/post was reviewed by the Hon’ble Supreme Court of
India in Civil Appeal No. 8833-8835 of 2019 [arising out of SLP(C)
Nos.19565-19567 of 2019] in the matter of K. Meghachandra Singh & Ors. V/s
Ningam Siro & Ors. In its Order dated 19.11.2019 in CA No. 8833-35/2019 of
K. Meghachandra Singh & Ors. Vs Ningam Sire & Ors, the Hon‘ble Supreme
Court of India has overruled the decision of the Court in NR Parmar case.
5. In para 40 of the Order dated
19.11.2019, the Hon’ble Court inter-alia held that “the law on the issue is
correctly declared in J.C. Patnaik (Supra). Consequently, we disapprove the
norms on assessment of inter-se seniority, suggested in N. R. Parmar (Supra).
Accordingly, the decision in NR. Parmar is overruled. However, it is made clear
that this decision will not affect the inter-se seniority already based on N.R.
Parmar and the same is protected. This decision will apply prospectively except
where seniority is to be fixed under the relevant Rules from the date of
vacancy/the date of advertisement.” Further, in para 38, the Hon’ble Court had
held as under:
“38. When we carefully
read the judgment in N. R. Parmar (Supra), it appears to us that the referred
OMs (dated 07.02.1986 and 03.07.1986) were not properly construed in the
judgment. Contrary to the eventual finding, the said two OMs had made it clear
that seniority of the direct recruits be declared only from the date of
appointment and not from the date of initiation of recruitment process. But
surprisingly, the judgment while referring to the illustration given in the OM
in fact overlooks the effect of the said illustration. According to us, the
illustration extracted in the N.R. Parmar (Supra) itself, makes it clear that
the vacancies which were intended for direct recruitment in a particular year
(1986) which were filled in the next year (1987) could be taken into
consideration only in the subsequent year’s seniority list but not in the
seniority list of 1986. In fact, this was indicated in the two OMs dated
07.02.1986 and 03.07.1986 and that is why the Government issued the subsequent
OM on 03.03.2008 by way of clarification of the two earlier OMs.”
6. The determination of infer se seniority
of direct recruits and promotees, as laid down by the Hon’ble Supreme Court of
India, in its Order dated 19.11.2019 in K. Meghachandra Singh case. has been
carefully examined in consultation with the Department of Legal Affairs, and
the following principles have emerged:-
(i) The rotation of
quota, based on the percentage of vacancies allocated to direct recruitment and
promotion in the notified recruitment rules/service rules, shall continue to
operate for determining vacancies to be filled by the respective quotas in a
recruitment year. The term ‘recruitment year’ shall mean the year in which the
vacancy arises. However, infer se seniority between direct recruits and
promotees, who are appointed against the vacancies of respective quota, would
be reckoned with reference to the year in which they are appointed i.e. year in
which they are borne in the cadre or formal appointment order is issued.
(ii) The terms ‘recruitment’
and appointment’ have to be read harmoniously and the determination of
seniority for recruitees would depend on their actual appointment and not the
initiation of recruitment process itself. [t thus follows that the seniority of
direct recruits and promotees henceforth stands delinked from the vacancy/year
of vacancy.
(iii) The source of
legitimacy of determination of seniority would be with reference to the date of
joining of a person against a vacancy. irrespective of the fact that it may
have arisen in the previous year(s) and not being a carried forward vacancy of
any quota.
(iv) If adequate number
of direct recruits (or promotees) do not become available, “rotation of quotas”
for the purpose of determining seniority. would stop after the available direct
recruits and promotees are assigned their slots on joining in a particular
year.
(v) The term
‘available’. both in the case of direct recruits as well as promotees, for the
purpose of rotation and fixation of seniority. shall be the actual year of
appointment after declaration of results/selection and completion of
pre-appointment formalities as prescribed.
(vi) Thus, appointees
who join in the concerned recruitment year and those who join in subsequent
year(s), would figure in the seniority list of the respective years of their
being appointed. To that extent it may not be necessary to go into the question
of quota meant for direct recruits and promotees to find out as to the year in
which the vacancy arose against which the recruitment is made.
7. Based on the above, it has been decided
to modify the instructions relating to determination of inter se seniority
between promotees and direct recruits as under:
(i) DoPT’s O.M. No. 20011/1/2012-Estt.(D)
dated 4.3.2014. issued in pursuance of Order dated 27.11.2012 in N.R. Parmar
case, 1s treated as non-est/withdrawn w.e.f. 19.11.2019.
(ii) As the Order dated
19.11.2019 is prospective. cases of infer se seniority of direct recruits and
promotees, already decided in terms of O.M. No. 2001 1/1/2012-Estt.(D) dated
4.3.2014, shall not be disturbed. 1.e. old cases are not to be reopened.
(iii) In case of direct
recruits and promotees appointed/joined during the period between 27.11.2012
and 18.11.2019 and in which case infer se seniority could not be finalised by
18.11.2019, shall also be governed by the provisions of O.Ms. dated
7.2.1986/3.7.1986 read with OM dated 4.3.2014, unless where a different
formulation/manner of determination of seniority has been decided by any
Tribunal or Court.
(iv) For cases where the
recruitment process has been initiated by the administrative Department/Cadre
Authority before 19.11.2019 and where some appointments have been made before
19.11.2019 and remaining on or after 19.11.2019, the inter se seniority of
direct recruits and promotees. shall also be governed by the provisions of
O.Ms. dated 7.2.1986/3.7.1986 read with OM dated 4.3.2014 to ensure equal
treatment of such appointees.
(v) For recruitments
initiated on or after 19.11.2019 as well as for future recruitments, in addition
to cases where the recruitment process has been initiated by the administrative
Department/ Cadre Authority before 19.11.2019, but where all appointments,
subsequent to the initiation of recruitment process, could be made only on or
after 19.11.2019 i.e. date of order of Apex Court, the inter se seniority of
direct recruits and promotes shall be determined in the following manner-
(a) The rotation of
quota based on the percentage of vacancies allocated to direct recruitment and
promotion in the notified recruitment rules/service rules, shall continue to
operate for determination of vacancies to be filled by the respective quotas in
a recruitment year.
(b) Determination of
inter-se seniority between direct recruits and promotees, who are appointed
against the vacancies of respective quota. would, however, be reckoned with
reference to the year in which they are appointed i.e. year in which they are
borne in the cadre or formal appointment order is issued. In case. where the
recruitment year is the same as the year of appointment, the appointees shall
be given seniority of that year.
(c) Where in case of
promotees or direct recruits, the year of appointment is the next year or any
year subsequent to the recruitment year, the seniority of such promotees and
direct recruits would be determined with reference to the year of their actual
joining/appointment to the post, since they were not able to join in the said
recruitment year in which the vacancy arose. Thus, they would get seniority of
the year in which they actually join i.e. year in which formal appointment
order is issued or they are borne in the service/cadre and that they shall not
get seniority of any earlier year (viz. year of Vacancy/panel or year in which
recruitment process Is initiated).
(d) In terms of OMs
dated 7.2.1986/3.7.1986, rotation between promotees and direct recruits for the
purpose of determination of inter-se seniority. would be undertaken only to the
extent of available direct recruits and promotees in a particular year. The
term ‘available direct recruits or promotees’ appearing in these OMs dated
7.2.1986/3.7.1986, for the purpose of rotation of quota in fixation of inter-se
seniority, shall mean the actual number of direct recruits and promotees
appointed during the year after declaration of results/selection and completion
of pre-appointment formalities as prescribed.
(e) As per (d) above. if
adequate number of direct recruits (or promotees) do not become available in a
particular year, the “rotation of quotas” for the purpose of determining
inter-se seniority, would stop after the available direct recruits and promotes
are assigned their slots on their appointment/joining in that year.
(f) If no direct recruit
is available in a particular year, available promotees would be bunched
together in accordance with their position in the panel approved for promotion.
Similarly, if no promotee is available in that year, available direct recruits
would be bunched together, as per their position obtained in the selection
process.
(g) In case, where
direct recruits or promotees, as the case may be, belonging to two more
selections/panel approved for promotion, join in the same year, then those who
have been appointed/joined as a result of earlier selection/panel would be
placed senior in the seniority list to those been appointed/joined as a result
of a subsequent selection/panel.
(h) Instructions
contained in OMs dated 7.2.1986 and 3.7.1986, stand modified to the extent
indicated in above paragraphs.
8. These provisions shall come into effect from
19.11.2019 onwards.
9. All Ministries/Departments are requested
to bring these instructions to the notice of all concerned.
(Pradeep Kumar)
Under Secretary to the Govt of India
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