Items of work dealt with in
Appointments Branch
Appointments by promotion, appointments by transfer/deputation etc. are dealt with in Appointments Branch. The specific items of work dealt with in this Branch are: -
(i) Proposals from various Ministries/Union Territories for convening meetings of the DPCs for promotions;
(ii) Appointments by transfer on deputation/transfer (Absorption);
(iii) Re-employment;
(iv) Proposals from Ministries etc. for appointment of officers to upgraded posts;
(v) Proposals regarding choice of a particular method of recruitment out of several laid down in the Recruitment Rules; and
(vi) Relaxation of provisions of recruitment rules/Diversion of SC/ST vacancies from promotion to direct recruitments.
The work handled by the Appointment Wing as regards Promotion to Civil
Services and Posts in Ministries/Departments/UTs., Promotion to Central
Services, Appointment on Deputation/Absorption, Confirmation etc.
for the year 2002-03 to 2004-2005 is indicated at Appendix-IV.
The Court Cases, broadly, related to the following areas / aspects are being received in the Appointments Branch:
(i) Non-promotion/supersession
- Failure to achieve the benchmark.
- Non-communication of ACRs below benchmark on the analogy of the UP Jal Nigam case.
- Procedural flaws in writing of ACRs and consequent prayer for ignoring/ upgradation of the relevant ACRs.
- ACRs not being assessed properly by DPC.
(ii) Regularisation of ad hoc appointments.
(iii) Delay/non-holding of the DPCs even though the vacancies are available.
(iv) Higher grading on account of shouldering higher responsibilities/posts on temporary/ad-hoc deputation - benefit of Shambu’s case.
(v) Cases relating to concessions available to SC/ST candidates who are senior enough to be in the zone of consideration but are not within the number of vacancies.
(vi) In the composite method of appointment where mode of recruitment as per RR is promotion/deputation/transfer, the claim is being made by departmental officers to treat promotion as first method, failing which only mode of deputation/transfer to be resorted.
Promotion can be perceived as a reward for both long standing as well as meritorious service. An impartial assessment of these parameters is of paramount importance to a government servant. To achieve this objective of impartiality and fair play, the Government has associated the Commission with all promotion cases of Group ‘A’ services, where promotion is made on the basis of selection by merit. The Commission discharges this responsibility through its Appointments Branch
ORGANIZATION
The organizational structure of the Branch can be seen from the chart given at Annexure-1
FUNCTIONS
The Appointments
Branch deals with two basic modes of recruitment as prescribed in statutory
recruitment rules. These are :
i)
Appointment by promotion, and
ii)
Appointment by deputation/absorption.
Constitution of
DPC
The composition of the
DPC is spelt out in the Rectt. Rules and no
substitution for any member is allowed in the prescribed composition.
Procedures
followed in DPC
cases
Proposals for
convening meetings of the DPCs for promotion are examined to ensure that the
appointments of the officers being considered for promotion are regular; the
seniority lists have been properly drawn up and there is no discrepancy in the
seniority lists furnished and the one placed before the DPC on the previous
occasion. The DPC proposals must also be accompanied by integrity certificates,
vigilance clearance as also details of major/minor penalties imposed on the
officer during the last ten years in respect of all the eligible officers.
The proposals which
are found complete and in order are submitted to the Hon’ble Chairman for
nomination of a Member to preside over the DPC.
The proceedings of the
DPC are reviewed only if the DPC has not taken all material facts into
consideration or if material facts have not been brought to the notice of the
DPC or if there have been grave
errors in the procedure followed by
the DPC. Thus, it
may be necessary to convene Review DPCs to rectify certain unintentional
mistakes e.g.
(i)
Where eligible officers were omitted to be considered; or
(ii)
Where ineligible persons were considered by mistake’ and
(iii)
Where the seniority of a person is revised with retrospective
effect
resulting
in a variance of the seniority list placed before
the DPC; or
(a)
Where some procedural irregularity was committed by a DPC; or
(b)
Where adverse remarks in the CRs were toned down or expunged after
the DPC had considered the case of the officer.
Supplementary DPC is
held if any vacancies arise for the same year for which DPC has already been
held.
Sealed cover
procedure
In respect of officers
under suspension, or against whom disciplinary/court proceedings are pending
(Charge sheet issued/filed in court) the findings of the DPC are to be kept in a
separate sealed cover in accordance with the instructions contained in the
Department of Personnel & Training OM No. 22011/4/91-Estt (A) dated 14.9.92.
The Review DPC follows
the sealed cover procedure as was followed by the original DPC vide DOP&T OM
No.22011/2/99-Estt.(A) dated
Certificate by
members of DPC
A member of the DPC or
the Officer who will be representing the department in a Selection Committee
should furnish a certificate stating that none of his close relatives is being
considered by the DPC and that he is otherwise also not interested in any
particular candidate(s).
In accordance with the
instructions issued by the Department of Personnel & Training, the panels
for promotion are expected to be ready on first day of the vacancy year with the
implementation of the Model Calendar with effect from
Reservation
for SCs/STs
Instructions have been
issued from time to time by the Department of Personnel & Training regarding
reservations and concessions and SCs
and STs in the matter of promotion.
The
Ministries/Departments are required to follow these instructions.
In the Apptts. Wing also, it is ensured that the posts reserved for SC/STs
are truly reflected in the proposal and necessary documents , therefore, are
made available by the Ministries/Departments.
The DOP&T has
introduced of Post Based Roster in
place of vacancy Based Roster vide
their
The DOP&T vide DPC
Guidelines dated 10.4.1989 {para 6.3.2(i)} directed
that in promotion by selections to posts/services within GROUP ‘A’ which
carry an ultimate salary of Rs.5700/- p.m. in revised sale, the SCs/STs
officers, who are senior enough in the zone of consideration for promotion so as
to be within the number of vacancies for which select list is to be drawn up,
would notwithstanding the
prescription of ‘benchmark’ be included in that list provided they are not
considered unfit for promotion.
Zone
of consideration for SCs/STs
The DOP&T has laid
down that where the adequate number of SC/ST candidates are not available within
the normal field of choice as indicated above, the field of choice may be
extended to five times the number of vacancies and the SC/ST( and not any other)
coming within the extended field of choice be considered against the vacancies
reserved for them.
Assessment of
Officers
Confidential Rolls are
the basic inputs on the basis of which assessment is to be made
by each DPC. The
excluation of CRs should be fair, just and non-discriminatory.
An officer attaining at least 4 bench mark gradings out of the 5 ACRs
should be assessed as fit for promotion and that this decision should be
applicable to all DPCs pertaining to the vacancy year
2003-04 and subsequent years. Those offices who are graded “unfit” (
in terms of the prescribed bench mark) by the DPC should not be included in the
select panel.
Relaxation of
provisions of the Recruitment Rules
The proposals for
relaxation of the provisions of the RRs are considered by the Commission on
merit in each case in the light of the guidelines adopted by them vide their
circular No.10/14/90-AU(Coordn) dated 29.1.1991.
All such proposals are required to be forwarded to UPSC after prior
consultation/concurrence of the DOP&T.
3. Appointment
by Deputation / Absorption (Transfer):
The Commission is
required to be consulted in all cases where the Recruitment Rules provide that
consultation with the Union Public Service Commission is necessary for filling
up of posts by deputation/absorption e.g.
(ii)
Where an officer of the State Govt, Union Territory, Public Sector
Undertaking, Recognized Research Institution, University & Semi-Govt./Autonomous
Organization is proposed to be appointed to a post under Central Govt. on
deputation (including short-term contract basis; or in case of lateral
induction/deputation/re-employment of ex-servicemen to a post under the Central
Govt. which has not been classified as a tenure post in consultation with the
Commission; or
(iii)
Where a post is required to be filled up by composite method viz.
Promotion/Deputation and for absorption of officers who had initially been
appointed on deputation in consultation with the Commission.
The proposal must be
accompanied by Annual Confidential Reports of preceding five years , integrity
certificates, vigilance clearance, details of major/minor penalties impugned on
the officer during the last ten years in respect of all the officers who are
eligible for consideration. The
proposals are submitted to the Hon`ble Chairman for nomination of a Member to
preside over the Selection Committee Meeting / Selection Committee Meeting
(Personal Talk).
ii.
Copy of Recruitment Rules.
iii.
Copy of vacancy Circular.
iv.
Copy of Extract of Employment News.
v.
Applications in respect of both eligible and ineligible candidates
in the proforma at Annexure ‘A’ to the
vi.
Comparative Statement of all applicants along with eligibility
analysis.
vii.
Cadre clearance/IC/VC/List of penalties if any imposed during last
10 years in respect of eligible applicants.
viii.
Seniority list of feeder grade officers if mode of recruitment is
composite i.e. promotion/transfer on deputation/transfer (including short term
contract)
ix.
Job description/duties attached to the post.
x.
Complete and up-to-date ACRs or attested photo copies thereof for
the last 5 years.
The
Department of Personnel & Training have delegated powers to
Ministries/Departments vide their
O.M No. 2/12/87-Estt(Pay-III) dated 29.4.1988 to extend the period of deputation
of officers by not more than one year where the word
‘ordinarily’ is used in the recruitment rules to govern the period of
deputation. In cases where the
period of deputation mentioned in the Recruitment Rules is 5 years or more,
consultation with UPSC would always be necessary.
For extending the period of deputation for the period beyond the second
year in excess of the panel prescribed in the Recruitment Rules or beyond the
fifth year, prior approval of DOP&T is required.
However, in all cases where the Recruitment Rules were framed in
consultation with the Commission and appointments on deputation were made in
consultation with the Commission, the proposals for extension of deputation
require approval of the Commission.
Re employment for
ex-servicemen as provided in recruitment rules is dealt along with cases of
deputation/absorption.
The proposals for relaxation of
the provisions of RRs are considered by the Commission over merit in each case,
in the light of the guidelines adopted by them vide their circular No.
F.10/14/90-AU (Coordn.) dated 29.1.91. All
such proposals are required to be forwarded to UPSC after prior
consultation/concurrence of the DOP&T.