GENERAL PRINCIPLES FOR DETERMINATION OF SENIORITY IN THE CENTRAL SERVICES.
1. (I) These principle shall apply to the determination of seniority in Central Services and Civil posts except such services and posts for which separate principles have already been issued for may be issued hereafter 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, OM No.30/44/48 – Apptts. Dated the 22nd June, 1949, are requested to consider modification of those rules or instructions on the basis of those general principles. However, whenever it is considered necessary to follow principles different from those laid down in t his Memorandum, a specific reference should be made to the Ministry of Home Affairs will consult the UPSC. As regards individual cases, the Ministry of Home Affairs. Will decide the cases on which the advice of the Commission should be obtained.
(II) Not withstanding anything contained in these General Principles, the seniority of persons belonging to the following categories will, on their appointment to a Control Civil Services, or a Civil posts, continue to be determined by the instructions noted against each such category:-
|(a)||Ex-Government servants penalized for their patriotic activities||
MHA OM No. 6/4/52-S&NG dated 29.5.57
|(b)||Central Government employees discharged on account of afflication with T.B., Pleurisy of Leprosy servants||
OM No.37/1/52-DGS, dated 10.7.54 (subsequently extended to ex-Pleurisy/Leprosy patients vide OM No. 13/4/56-RPS dated 29.9.56 and 13.4.57-RPS dated 14.7.58
|(c)||Permarient displaced Government servants nominated by the Transfer Bureau to purely temporary Organizations, who consequent on their retrenchment, were absorbed in other offices.||
OM No. 30/44/48- Apptts Dated 22.6.49
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 an-bloc be senior to all others in that grade.
Explanation:- For the purpose of those principles (a) persons who are confirmed retrospectively w.e.f. date earlier than the issue o these general principles; 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 be ranked senior to persons who are officiating in that grade.
4. Direct Recruit :
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 U.P.S.C. or other selecting authority, persons appointed as a result of subsequent selection.
5. Provided that where persons recruited initially on a temporary basis are 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.
(I) The relative seniority of persons promoted to the various grades shall be determined in the order of their selection for such promotion; Provide 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 are made from more than one grade, the eligible persons shall be arranged in separate lists in the order of their relative seniority in their respective grades. Hereafter, the Departmental 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.
NOTES:- 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 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.
(i) The relative seniority of persons appointed by transfer to a Central Service from the subordinate office of the Central Government of other Departments, of the Central of state Governments shall be determined in accordance with the order of their selection for such transfer.
(ii) Where such transfers are effected against specific quotas prescribed in the recruitment ruled therefore, the reality seniority of such transferees vis-a-vis direct recruits and promotee 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 promotees, 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 adhoc basis to a grade without consultation with the UPSC under Regulation 4 of the U.P.S.C (exemption from consultation) Regulation, 1958, are to be replaced by persons approved for regular appointment by direct recruitment, promotion or transfer, as the case may be. Until they are replaced, such persons will be shown in the order of their adhoc appointments and below all persons regularly appointed to the grade.