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V      IMPORTANT INSTRUCTIONS/GUIDELINES ON DEPUTATION/SHORT TERM CONTRACT/ ABSORPTION/RE-EMPLOYMENT

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1.    Difference between deputation (including short-term contract) and absorption

            When an officer is appointed from outside the cadre or from outside the direct line of promotion for a limited period by the end of which he will have to revert to his parent cadre, he is known to be on deputation or on short-term contract.  Short-term contract is also in the nature of deputation and this method is followed when services of suitable officers belonging to Non-government Organizations, e.g. Universities, Recognized Research Institutions, Public Sector Undertakings etc., are required for appointment to Teaching, Research, Scientific or Technical posts.

            When an officer working outside the cadre or outside the direct line of promotion is regularly absorbed in the post/grade, the post is treated as having been filled by the method of absorption. 

2.            Composite Method

            In cases where the field of promotion consists of only one post, the method of recruitment by “deputation (including short-term contract)/promotion” is prescribed so that the departmental officer holding the feeder post is considered along with outsiders who have applied for appointment on deputation basis.  This method is known as the ‘Composite Method’.  If the departmental candidate is selected for appointment to the post, the post is to be treated as having been filled by promotion; otherwise the post is filled by deputation/contract for the prescribed period of deputation/contract at the end of which the departmental officer is again  afforded an opportunity to be considered for appointment to the post. 

3.            Consultation with the Union Public Service Commission              

Para 3 of the DOP&T O.M. No.AB-14017/71/89-Estt.(RR) dated 3rd October 1989 provides as under:-

“3.1       When the field of deputation for Group ‘A’ post consists of Central Government Group ‘A’ officers only,  prior  consultation  with  the UPSC is not necessary for selection of an officer.  When the field for consideration includes State Government officers also, prior consultation with the Commission is necessary before appointing a State Government officer.  When the field for consideration is made more broad based and consists of not only Central/State Government officers but also officers from non-Government Institutions, the selection shall always be made in consultation with the UPSC.   

3.2        The UPSC are to be consulted for appointment of a Central Government Group ’B’ officer on deputation to a Group ‘A’ post. 

3.3        When the ‘Composite Method’  of recruitment is prescribed for Group ‘A’ or Group ‘B’ post, i.e. the departmental candidate is to be considered along with the outsiders, the selection shall be made by the Commission only.”      

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4.            Analogous posts 

            The following criteria has been laid down in para 5 of the DOP&T O.M. dated 3rd October, 1989 for determining whether a post could be treated as analogous to a post under the Central Government:-

(i)         Though the scales of pay of the two posts which are being compared may not be identical, they should be such as to be an extension or a segment of each other, e.g. for a post carrying the pay scale of Rs.16,400-20,900, persons holding the posts in the pay scale of Rs.16,400-20,000 will be eligible;

(ii)         Both the posts should be falling in the same group of posts, viz. Group ‘A’ or Group ‘B’ etc.;

(iii)        The levels of responsibility and the duties of the two posts should also be comparable;

(iv)        Where specific qualifications for deputation/absorption have not been prescribed, the qualifications and experience of the officers to be selected should be comparable to those prescribed for direct recruits to the posts where direct recruitment has also been prescribed as one of the methods of appointment in the Recruitment Rules;

Where promotion is the method of filling up such posts, only those persons from other departments may be brought on deputation whose qualifications and experience are comparable to those prescribed for direct recruitment for the feeder grade/post from which the promotion has been made. 

(v)        As far as the posts under the State Government/Public Undertakings etc., are concerned, it is quite likely that even posts with identical designations may not have comparable scales of pay and they may differ with reference to the extent and stage of merger of DA with pay.  The levels in the hierarchy and the nature of duties may not also be comparable.  These posts may also not be classified into four groups as has been done under the Central Government.  Taking these factors into consideration, the selection authorities may have to be guided more by the nature of duties performed by the candidates in their parent organizations vis-à-vis those in the posts under selection and qualifications and experience required for the post under the Central Government for   making selection for appointment by deputation (including short-term contract) from outside the Central Government service.  Since details of the Recruitment Rules for the posts under the State Government/Public Undertakings etc., may not be available, bio-data sheets signed by the officers themselves and certified/countersigned by their employer indicating their qualification, experience, assignments held in the past, contributions made by them in the field of research, publications to their credit and any other information which the officers might consider relevant for assessing their suitability for the post in question to be obtained.

5.         Crucial date for determining eligibility

           As per para 6 of the DOP&T O.M. dated 3.10.1989, the crucial date for determination of 
eligibility will be as follows:-

(i)         In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/Department/Organization responsible for making appointment to the post,  i.e. originating Ministry etc.

(ii)         In the case of an anticipated vacancy, the crucial date for determining eligibility should be the date of occurrence of the vacancy.

6.         Non-eligibility of the officers in the direct line of promotion for appointment by deputation

            Para 7 of the DOP&T O.M. dated 3.10.1989 provides that the Departmental Officer in the feeder category who, according to the provisions in the notified Recruitment Rules, are in direct line of promotion are not to be considered for appointment by deputation.  Similarly, the deputationists are not eligible for being considered for appointment by promotion.    

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7.         Extension of tenure of deputation            

According to para 9 of the DOP&T O.M. dated 3.10.1989, the period of deputation of an officer shall be subject to a maximum of 3 years in all cases except for those posts where a longer period of tenure is prescribed in the Recruitment Rules.  It has further been provided that the administrative Ministry may grant extension in the deputation period up to one year beyond the limit of three years, after obtaining orders of the Secretary in the Ministry in cases where such extension is considered necessary in public interest.  

(i)         While according extension for the 5th year or the 2nd year in excess of the period prescribed in the Recruitment Rules, the directive issued for rigid application of the tenure rules should be taken into consideration and only in rare and exceptional circumstances such extension should be granted;

(ii)         The extension should be strictly in public interest and with the specific prior approval of the concerned Minister of the borrowing Ministry/Department;

(iii)        Where such extension is granted, it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance;

(iv)        The extension would be subject to the prior approval of the lending organization, the officer on deputation, and wherever necessary,  the UPSC;

(v)        In cases where the extension is beyond the 5th year or beyond the 2nd year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining prior approval of the DOP&T;

(vi)        For computing the total period of deputation, the period of deputation, including the period of deputation in another ex-cadre post held immediately preceding the current appointment in the same or some other organization/department of the Central Government shall also be taken into account;

(vii)       If during the period of deputation the basic pay of an employee exceeds the maximum of the scale of pay of the post or the fixed pay of the post, on account of proforma promotion in his cadre under the Next Below Rule or otherwise, the deputation of the employee should be restricted to a maximum period of 6 months from the date on which his pay thus exceeds such maximum and he should be reverted to his parent department within the said period;

(viii)      Extension of deputation appointment beyond the period laid down in the Recruitment Rules requires consultation with the UPSC in all cases where the relevant Recruitment Rules were framed in consultation with the Commission.

8.         Procedure for appointment of an officer on absorption basis

            Cases of absorption can be categorized as under:-

(a)        Where Recruitment Rules provide for appointment by deputation/absorption basis and the proposal is only to absorb an officer already selected and appointed on deputation basis;

(b)        Where Recruitment Rules provide for deputation only at the time of initial selection of the officer concerned but have been amended subsequently to include absorption.

           So far as the cases falling in the category as at (a) above, the Commission will consider the proposals for absorption only in cases where the following conditions are fulfilled:-

(i)         The initial selection on deputation should have been made in consultation with the Commission;

(ii)         The administrative Ministry should certify that there is no other deputationist in position appointed earlier to the officer proposed for absorption, and in case there is any such person, he is not willing to be considered for appointment  on absorption basis;

(iii)        The person concerned and the lending authority have given their willingness for such absorption;

(iv)        The original circular letter calling for nomination for deputation should have clearly mentioned the possibility of permanent absorption

           In the cases falling under the category as at (b) above, i.e. where ‘absorption’ has been provided  in the Rules subsequent to the selection of a person on deputation, the Ministries/Departments are required to re-circulate the post, clearly indicating ‘absorption’ as a mode of recruitment and then only make a reference to the Commission.  Such circulation will also be necessary in the other category of cases if the original circular letter calling for nomination for deputation did not clearly mention the possibility of permanent absorption as at (iv) above

9.        Operation of Reserve List

            The UPSC, wherever possible, maintains a Reserve Panel of candidates found suitable on the basis of selection made by them for appointment on deputation/absorption basis and the Reserve Panel is operated by the Commission on a request received from the administrative Ministry/Department concerned.  The DOP&T, vide  O.M. No.41019/18/97-Estt.(B) dated 13th June, 2000,  decided that where a selection has been made through UPSC, a request for nomination from the Reserve List, if any, may be made to the UPSC in the event of occurrence  of  a  vacancy caused  by  non-joining of the candidate within the stipulated time allowed for joining the post or where a candidate joins but  resigns or dies within a period of one year from  the  date of  joining,  if  a  fresh  panel is not available by then.  Such a vacancy is not to be treated as a fresh vacancy.   It has also been decided that a Reserve List will be operated up to 18 months from the date of approval of the panel by the Commission under normal circumstances, which could be extended up to 2 years in exceptional cases.

10.        Age limit in case of appointment on deputation (including short-term contract)/absorption basis

            In accordance with the DOP&T O.M. No.14017/48/92-Estt.(RR) dated 17th November, 1992, the maximum age limit for appointment by deputation (including short-term contract) and absorption shall be not exceeding 56 years as on the closing date of receipt of applications.

11.            Eligibility of Armed Forces Personnel for appointment on deputation/re-employment
basis in Civil Posts

            According to the DOP&T O.M. No.AB-14017/61/92-Estt.(RR) dated 12th August, 1992, the Armed Forces Personnel due to retire or who are to be transferred to reserve within a period of one year and having requisite experience and qualifications prescribed shall also be eligible for consideration for appointment on deputation/re-employment basis, provided such a provision has been made in the statutory Recruitment Rules.  Such persons would be given deputation terms up to the date on which they are due for release from the Armed Forces, thereafter they may be continued on re-employment basis.

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12. Guidelines regarding grant of Vigilance Clearance/ Principles of forwarding the application     

VI          SENDING OF DEPUTATION PROPOSALS: GUIDELINES FOR MINISTRIES:- 
             Following action, as prescribed in para 4 of the DOP&T O.M. dated 3rd October, 1989, is required to be completed by the Ministry/Department before forwarding the proposal to the UPSC:- 

i. An accurate assessment of the vacancies to be filled by the requisite method should be made sufficiently in advance so as to be able to follow the prescribed procedures properly. 

ii. Wherever the Recruitment Rules prescribe different sources of recruitment   and where various categories of officers are eligible for being considered, the circulation of vacancies will be considered proper only where the Ministry concerned ensures that all such categories are tapped simultaneously.  In other words, the Department should not confine circulation of the vacancies to only one or two sources mentioned in the RRs. 

iii. As a corollary to para (ii) above, wherever employees of the Public Sector Undertakings/Autonomous Bodies and Non-Secretariat officers are also eligible under the Recruitment Rules, the administrative Ministry concerned should specifically  request  the  Departments to  circulate  the vacancy to all such Organisations with whom they are concerned so that the requirements of the Recruitment Rules are duly met. 

iv. The vacancy circular should invariably be published in the Employment News. 

v. The minimum time allowed for receipt of nominations should be two months.  If in a few cases where there are compelling reasons to fill up the vacancy on urgent basis, a shorter time limit, which should not be less than 6 weeks may be prescribed with the approval of the Joint Secretary concerned. 

vi. All the salient features of the vacancy circular, e.g. qualifications and experience, officers eligible, last date for receipt of nominations as prescribed by the originating Department should invariably be published in the Employment News.  

vii. The circular should be addressed to all the agencies or sources of selection specified in the RRs.  As a proof of having complied with this instruction, the Departments should, while making a reference to the UPSC for selection, render a certificate to the Commission that the vacancy circular has been despatched to all the agencies prescribed in the rules.   

viii. While calling for applications for appointment on deputation/absorption basis, the Ministries/Departments may call for the bio-data of the candidates in the prescribed proforma.   

ix. After circulation of the post, the proposal should be sent to the UPSC as early as possible and in any case within 3 months from the closing date for receipt of applications.

Note 1: The circulation/advertisement of the vacancy should be strictly as per provisions of the statutory Recruitment Rules and the instructions/guidelines as above, failing which the proposal may not be accepted by the UPSC and the administrative Ministry/Department will have to re-circulate/ re-advertise the vacancy or to issue a corrigendum.   

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Note 2: The proposal to the UPSC must be accompanied by the following  documents:-

(a)   Check list Proforma-H  ( English / Hindi )
(b)   Proforma for referring the proposal to the UPSC Proforma-I ( English / Hindi )
(c)   Authenticated copy of the notified statutory Recruitment    Rules.
(d)   A legible copy of the vacancy circular along with the list of officers to whom it has been issued.
(e)   A legible copy of the relevant portion of the Employment News in which the vacancy has been advertised indicating    the date of publication of the vacancy.
(f)   A copy of order of the creation of the post, in case the  vacancy is available due to creation of a new post
(g)   A copy of the up-to-date and circulated seniority list of the feeder grade officers in case the method of recruitment is ‘composite method’.
(h)   A consolidated comparative statement of all the applicants    indicating whether they are eligible or ineligible.  In case of ineligible candidates, reasons for ineligibility to be indicated.
(i)   Bio-data of all the candidates, whether eligible or ineligible Proforma-J ( English / Hindi )
(j)   A copy of the duties and responsibilities attached to the post.
(k)   Copies of the ACRs for the last 5 years of all the eligible candidates duly attested by a Group ‘A’ officer along    with a list of the officers and the ACRs.
(l)   Integrity Certificate, Vigilance Clearance and major/minor    penalty statement in respect or eligible officers.
(m)   A certificate to the effect that no other deputationist was appointed prior to the officer being considered for absorption;  a certificate of unwillingness for being considered for absorption in case there is any such officer;  consents from the officers concerned as well as from their parent departments (in case of absorption only.  

VII.  SAMPLES OF DEFICIENCY LETTERS (for Deputation/absorption)

These indicate the common reasons why SCM(PTs)/SCMs get delayed. Ministries /Departments may please ensure that their proposals are complete in all respects.

Illustrative cases of common deficiencies found during scrutiny of Deputation Proposals  

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