No. 12/2/2015-CS.II (B)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

CS.II (B) Section

3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-110003

Dated: 16th November, 2015

OFFICE MEMORANDUM

Subject: Non-Functional Selection Grade (NFSG) in the grade of UDCs of CSCS- Regarding

The undersigned is directed to refer DOPTs OM of even number dated 18th June, 2015 vide which Non-Functional Selection Grade (NFSG) was granted to 1104 UDCs of CSCS in terms of DOPTs OM No 20/49/2009-CS.II (B) dated 22nd June, 2011.

2. A chronology of events leading up to grant of NFSG to UDCs of Select List 2003 (Extended) is as under:

(i) The grade of UDC of CSCS is a decentralized grade spreading over 41 cadre units (33 in 2003) and vacancies in the grade are filled up 75% through Seniority Quota (SQ) and 25% through Examination Quota (DE) as per CSCS Rules, 1962. On the basis of vacancies compiled by DOPT from various cadre units, the zone of promotion to fill up SQ vacancies is issued by DOPT. Thereafter, DPCs are conducted by respective cadre units and to fill up examination quota, vacancies are intimated to SSC for conducting LDCE. On the basis of result declared by SSC and DPCs conducted by cadre units, Select List is prepared by each cadre unit for a particular year by interpolating officials in the ratio 3:1 (SQ:DE). On the basis of Select Lists prepared by cadre units, DOPT prepares Common Seniority List (CSL) for a particular year maintaining inter-se-seniority of all the cadre units in terms of CSCS Rules, 1962 read with the Central Secretariat Clerical Services (Preparation of Common Seniority Lists) Regulation, 1971;

(ii) Consequent upon restructuring of CSS as per first Cadre Review, it was decided in 2008 that all the new posts created as a result of Cadre Review would be filed up w. e. f. 2003. UDC being a feeder grade for promotion to the post of Assistant of CSS cadre, 2151 posts were percolated down w. e. f. 2003 to UDC grade due to promotion orders issued in higher grades pursuant to First Cadre Restructuring.

(iii) Accordingly, it was decided with the approval of Minister of State (PP) on 30.12.2011:-
(a) The vacancies caused in the grade of UDC as a result of promotion of 2151 UDCs to the grade of Assistants consequent upon cadre restructuring of CSS will be filled up against the Select List year 2003;

(b) As per the extant RR in 2003, the vacancies will be filled up by 75% through Seniority Quota and 25% through LDCE quota. As such, out of 2151 vacancies in the grade of UDC in the extended Select List of 2003, a total number of 1613 slots will be filled up by SQ candidates and 538 by LDCE qualified candidates in the proportion of 3:1;

(c) The seniority quota vacancies will be filled up by eligible LDCs who have completed 8 years of approved service as on 01.07.2003;

(d) As for LDCE slots, candidates who had qualified the LDCE 2003 and their ACR dossiers were called for by SSC but could not be recommended for appointment due to non-availability of vacancies in the SL year 2003 under LDCE mode, will be first accommodated against the available vacancies and for remaining slots, SSC will be requested to conduct Special LDCE for the Select List year 2003 (extended) and all the LDCs who had rendered 5 years of Service as on 01.07.2003 would be eligible to appear in the examination.

(iv) By the time, the above decision was taken Select Lists of UDCs from 2003-2007 were already finalized. The zone for 2007 was issued on 12th February, 2010. These Select lists were prepared by various cadre units on decentralized basis on the basis of zone issued by DOPT (specifying only the Select List year of LDCs who are eligible for promotion as UDC);

(v) To fill up the 1613 SQ slots, a centralized list of 1614 officials (as vacancies were percolated from higher grades of CSS on centralized basis and cadre unit wise vacancies were not available at that time) was issued on 3rd May, 2012 to all the cadre units for pointing out discrepancies. In the list all the UDCs of 2004-2007 (1405 in number), who otherwise were eligible for inclusion in SL-2003, were included and to fill up remaining slots of SQ, LDCs of SL 1993 and 1994 (Part) were included in the list on the basis of available data in CS.II Division. Slots were left vacant for LDCE candidates at appropriate places In this context it is clarified that this was mere a list containing probable officials to be included in SL-2003 (Extended) and was circulated to cadre units for pointing out discrepancies. Many officials in their representations/RTI applications are treating it as a Select List or Common Seniority List, which is not a case.

(vi) However, the action of the Government resulted in litigation and challenged by UDCs of LDCE quota of the SLYs 2004, 2005 and 2006 in CAT. The judgment of Hon’ble CAT was quashed by the Hon’ble High Court of Delhi on 21.01.2015. Matter is presently sub-judice and pending before the Hon’ble Supreme Court. Thereafter, the draft Select List 2003 (extended) of UDC Grade was prepared by DOPT on centralized basis in three phases as per the table below:

(vii) A consolidated draft Select List of UDC (extended) for the year 2003 containing 2162 (including 61 LDCE qualified officials adjusted against SQ) officials was circulated on 19.06.2015 for seeking comments of various cadre units for its finalization. A number of representations/references have been received from various cadre units as well as individuals mainly on the seniority related issues. 3. It was decided vide this department’s OM No 20/49/2009-CS. II(B) dated 22-6-2011 to create a new grade of UDC (NFSG) in CSCS cadre and Stenographer Grade ‘D’ in CSCS Cadre in the Grade Pay of Rs. 4200/- in Pay Band-2 subject to certain conditions. 4. However, the order dated 22^{nd } June, 2011 could not be implemented due to ongoing litigation. Finally, Hon’ble High Court passed an order in favour of Government in January, 2015. Accordingly, the draft lists were issued in three lots on 27.1.2015, 9.2.2015 and 24.4.2015. Subsequently, the order for grant of NFSG was also issued on the basis of draft Select List-2003 (Extended), which should have been issued on the basis of Common Seniority List as per OM dated 22^{nd } June, 2011. 5. After issue of order of NFS on 18^{th } June, 2015, a number of representations were received in CS.II division pointing out discrepancies/errors in these lists. After processing all the representations, Final Select List of UDC (Extended) for the year 2003 was issued on 6^{th } October, 2015. Thereafter, Final Common Seniority List of UDC for Select List Year 2003 was issued on 2^{nd } November, 2015. Seniority of officials placed in CSL was determined as per CSCS Rules, 1962 read with preparation of Common Seniority List Regulations, 1971 by maintaining the inter-se-seniority of officials in their cadre units as on 1-7-2003. 6. As Seniority of many officials had undergone a change due to finalization of Common Seniority List, it has become incumbent on the cadre controlling authority to revise the NFS order dated 18^{th } June-2015, in terms of final and revised seniority of officials. Therefore, in supersession of DOPTs OM of even number dated 18^{th } June, 2015, revised zone for grant of NFSG to UDCs of CSCS is issued as per details given below:
(i) Zone for NFSG Grade of UDC for Select List -2010 (1-7-2010 to 30-06-2011):

As NFSG was to be implemented w.e.f. 22nd June, 2011, the first Select List of NFSG will be for Select List-2010 (1-7-2010 to 30-6-2011). The size of this Select List will be 1104 in terms of OM dated 22nd June, 2011. The revised zone of NFSG of UDCs of CSCS for SL-2010, comprising 1104 senior-most UDCs is placed as Annexure-I;

(ii) Zone for NFSG Grade of UDC for Select List -2011 (1-7-2011 to 30-06-2012), Select List-2012 (1-7-2012 to 30-06-2013):

There will be no Select List for 2011 and 2012 as none of the officials included in SL-2010 vacated their slots.

(iii) Zone for NFSG Grade of UDC for Select List -2013 (1-7-2013 to 30-06-2014):

8 officials from SL-2010 of NFSG grade of UDC vacated their slots for various reasons and therefore the size of Select List-2013 for NFSG Grade of UDC of CSCS for SL-2013 will be eight (8) and accordingly the zone of NFSG of UDCs of CSCS for SL-2013, comprising 8 UDCs is placed as Annexure-II;

(iv) Zone for NFSG Grade of UDC for Select List -2014 (1-7-2014 to 30-06-2015):

As per available records, 925 officials from SL-2010 of UDC of CSCS got promoted in the grade of Assistant vide DOPT’s OM dated 12th February 2012. The size of SL-2014 for NFSG Grade of UDC has, therefore, been kept at 925 (tentative). Accordingly, all the remaining 618 eligible officials from SL-2003 (Extended) have been included in the zone placed as Annexure-III.

7.

(i) There are 98 officials (Annexure-IV), included in the zone of Select List-2013 and Select List-2014 of NFSG in UDC Grade, whose names were also included in OM dated 18th June, 2011 and they have now been given NFSG from a later date as per their revised seniority;

(ii) There are 60 officials (Annexure-V), whose names were included for grant of NFSG in OM dated 18th June, 2011 but their names have been deleted from Final CSL-2003 (extended) due to various reasons as mentioned against their names;

(iii) There are 53 officials (Annexure-VI), whose names were included for grant of NFSG in OM dated 18th June, 2011 and their names have also been included in Final CSL-2003 (Extended) but they were retired/expired/taken VRS etc prior to conduct of their DPC by various cadre units and therefore their promotion orders were not issued in terms of DOPTs OM No 22011/4/98- Estt (D) dated 4th October, 1998. As these officials were not promoted
as UDC on regular basis in the grade pay of Rs 2400/- as per SL-2003 (Extended), they are not eligible for grant of NFSG in the grade pay of Rs. 4200/-.

8. In view of para (6) and (7) above, all the cadre units are, therefore, requested to:

(i) Grant NFSG of Rs. 4200/- to all the UDCs included in the zone as prescribed in para 6 above from the date mentioned against their names till their promotion/retirement/VRS/death/Resignation etc after following due procedure as per OM dated 22nd June, 2011. The pay fixation of the officials may be done under Rule 13 of CCS (Revised) pay Rules, 2008 and other relevant instructions on the subject. The financial implications would have to be met by respective Ministries/Departments. While issuing order of NFSG, cadre units are requested to ensure that the concerned official should be a regular UDC as on date of grant of NFSG and should not have left the cadre prior to this date;

(ii) Initiate necessary steps to recover excess/wrongful amount paid to 211 officials as mentioned at para 7 above, in terms of DOPTs OM No 18/26/2011-Estt (Pay-1) dated 6th February, 2014, the relevant paragraphs of the O.M. are once again reproduced for ready reference:

(a) In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc come to notice, immediate corrective action must be taken.

(b) In a case like this where the authorities decide to rectify an incorrect order, a showcase notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee;

(c) Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure;

(d) While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the FA.

(iii) Send a compliance report on (i) and (ii) above by 15th December, 2015 positively;

(iv) Point out discrepancies/error, if any, in the list immediately for corrective action;

(v) To incorporate the standard clause stating overpayment made if any is liable to be recovered as a result of audit observation or otherwise in all the orders of grant of NFSG.

9. The grant of NFSG as per this order would be subject to the outcome of the following court cases and also any other order passed by any Competent Court in any of the connected matter, apart from the following:

   (i) In O.A. No. 794/2015 filed by Shri Kamal Kumar Gupta & Ors. Before Hon’ble CAT, Principal Bench, New Delhi.

   (ii) In SLP No. 10342/2015 filed by Shri Pankaj Kumar Mishra & Ors. Before Hon’ble Supreme Court of India, New Delhi.

   (iii) In SLP (C) No 6195/2014 and SLP (C) No 30621/2011 before Hon’ble Supreme Court of India, New Delhi.

Encl: a/a

Rajesh Sarswat
(Representative of the Govt. of India)
Tel: 24654020

All Cadre Units of CSCS
(As per annexure)
Annexure-I to DOPT’s OM No. 12/2/2015-CS.II(B) dated 16th November, 2015 Zone for NFSG Grade of UDC for Select List -2010 ( 1-7-2010 to 30-06-2011)