Clarification of the term “availability”
O.M. No.20011/1/2006-Estt.(D) Dated 03.03.2008
2.4.2. Some references have been received seeking clarifications regarding the term ‘available’ used the O.M. dated 7.2.86 and 3.7.1986. It is clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of quotas of vacancies, the year of availability, both in the case of direct recruits as well as the 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. It is further clarified that when appointments against unfilled vacancies are made in subsequent year or years either by direct recruitment or promotion, the persons so appointed shall not get seniority of any earlier year (viz. year of vacancy/panel or year in which recruitment process is initiated) but get the seniority of the year in which they are appointed on substantive basis. The year of availability will be the vacancy year in which a candidate of the particular batch of selected direct recruits or an officer of the particular batch of promotees joins the post/service.
Cases of seniority already decided (prior to issue of this O.M. dated 3.3.2008), with reference to any other interpretation of the term `available’ as contained in O.M. dated 3.7.1986 need not be reopened.
Note The seniority of direct recruits and promotees is delinked from the vacancy/year of vacancy. The seniority / inter se seniority of direct recruits and promotees in a particular year is fixed with reference to the availability of the candidates /officers after completion of all pre-appointment formalities and rotation of quota is applicable only among the available direct recruits and promotees. (O.M. No. 22011/7/86-Esst.D Dated 03.07.1986) If no direct recruit is available in a particular year, all the promotees are bunched together in accordance with their position in the DPC recommendation. Similarly if no promotee is available in a particular year, available direct recruits are bunched together. In other words, complete rotation of quota is feasible only in an ideal situation where adequate/proportionate number of direct recruits and promotees become available in a year for rotation as per the quota prescribed in the recruitment rules.