SENIORITY IN SPECIAL TYPE OF CASES
[MHA O.M.No.37/1/52-DGS dated 10.7.54, O.M.No.13/4/56-RPS dated 29.9.1956 & No.13/4/57-RPS dated 14.7.58, MHA O.M.No.9/13/82-Estt.(D) dated 10/10/62 & O.M.No.9//30/63-Estt.(D) dt.7.2.64].
4.1 In the case of such ex-T.B. or ex-Pleurisy ex-Leprosy patients, as have been declared non-infective and medically fit for Government service, on re-employment in the same posts from which they were discharged the actual previous service rendered by them should be counted for seniority. The seniority of such persons reemployed in other posts will be fixed in consultation with the Department of Personnel & Training.
4.2.1 An order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale should invariably specify:-
(i) the period of reduction, unless the clear intension is that the reduction should be permanent or for an indefinite period;
(ii) Whether on such re-promotion, the Govt. servant will regain his original seniority in the higher service, grade or post or higher timescale which had been assigned to him prior to the imposition of the penalty.
4.2.2 In cases where the reduction is for a specified period and is not to operate to postpone future increments, the seniority of the Govt. servant may, unless the terms of the order of punishment provide otherwise, be fixed in the higher service, grade or post or the higher time scale at what it would have been but for his reduction.
4.2.3 Where the reduction is for a specified period and is to operate to postpone future increments, the seniority of the Govt. servant on re-promotion may, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or higher time-scale.
4.3.1. The surplus employees are not entitled for benefit of the past service rendered in the previous organization for the purpose of their seniority in the new organization. Such employees are to be treated as fresh entrants in the matter of their seniority, promotions etc. [MHA O.M.No.8/27/65-CS.II dated 25.2.66 & O.M.No.9/22/68-Estt.(D) dated 6.2.69].
4.3.2 When two or more surplus employees of a particular grade in an office are selected on different dates for absorption in a grade in another office, their inter-se seniority in the latter office will be same as in their previous office provided that –
(i) no direct recruit has been selected for appointment to that grade in between these dates; and
(ii) if there are no fixed quotas for direct recruitment and promotion to the grade in question in the new office no promotee has been approved for appointment to that grade in between these dates.
4.3.3 When two or more surplus employees of a particular grade in an office are simultaneously selected for re-deployment in another office in a grade, their inter-se seniority in the particular grade, on redeployment in the latter office, would be the same as it was in their previous office.
4.3.4 The above orders would not be applicable in respect of personnel who are appointed on the recommendations of the U.P.S.C. to posts/services recruitment to which is made through the Commission. Seniority of surplus officers appointed on the recommendations of the Commission will be decided on merits in consultation with the Commission.
5. It is requested that these instructions may be brought to the notice of all administrative authorities for information, guidance and compliance.
(Hindi version will follow soon)
( K.S.R. Krishna Rao )
Deputy Secretary to the Govt. of India