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.”
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-a-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.
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.
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.
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.
The borrowing Ministries/Departments may also extend the period of deputation for the 5th year or for the 2nd year in excess of the period prescribed in the Recruitment Rules, where absolutely necessary, subject to the following conditions:
(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) The DoP&T, vide its OM No. 2/6/2016-Estt. (Pay-II) dated 17.02.2016 has issued instructions that if the administrative Ministries / Departments and other borrowing organizations wish to retain an officer beyond 5 years, they may extend tenure of deputation covered by OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010, where absolutely necessary in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry / Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC / ACC approval wherever applicable. These instructions are subject to their applicability as provided in para 2 of DoP&T OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010.
(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.
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.
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.
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.
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.
Guidelines regarding grant of Vigilance Clearance/ Principles of forwarding the application
The applications of the officers should be forwarded by the concerned Ministries/ Departments/ Administrations as per the instructions/ guidelines issued by the DoP&T OM No. 14017/101/91-Estt(RR) dated 14.07.1993 and DoP&T OM No. 11012/11/2007-Estt(A) dated 14.12.2007