No.20011/1/96-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances \& Pensions Department of Personnel \& Training

New Delhi, dated the 30th January, 1997

OFFICE MEMORANDUM

Subject:- Seniority of SC/ST officers promoted earlier vis-a-vis general candidate promoted later.

According to the general principle 5(i) contained in MHA OM No.9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No.22011/7/86-Estt.(D) dated 3.7.1986 read with DOPT OM No.20011/5/90-Estt.(D) dated 4.11.1992, (copy enclosed) seniority of a person regularly appointed to a post according to rule would be determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades shall be determined in the order of selection for such promotion. Thus, persons appointed through an earlier selection will enbloc be senior to those promoted through subsequent selection.
2. The Supreme Court has in its judgement dated 10.10.1995 in the case of Union of India Vs. Virpal Singh Chauhan etc. (JT 1995(7) SC.231) held as follows:-
“Even if a Scheduled Caste/Scheduled Tribe candidate is promoted earlier by virtue of rule of reservation/roster than his senior general candidate and the senior general candidate is promoted later to the said higher grade, the general candidate regains his seniority over such earlier promoted Scheduled Caste/Scheduled Tribe candidate. The earlier promotion of the Scheduled Caste/Scheduled Tribe candidate in such a situation does not confer upon him seniority over the general candidate even though the general candidate is promoted later to that category.”3. Having regard to the above judgement of the Supreme Court, it has been decided to modify the existing policy of fixing seniority on promotion on the lines mentioned in para 2 above. Accordingly, it has been decided to add the following proviso to general principle 5(i) contained in MHA (now DOPT) OM No.9/11/55-RPS dated 22.12.59 and para 2.2 of this Department OM No.22011/7/86-Estt.(D) dated 3.7.1986:-

“Provided that if a candidate belonging to the scheduled caste or the scheduled tribe is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/grade, the general/OBC candidate will regain his seniority over such earlier promoted candidate of the scheduled caste and the scheduled tribe in the immediate higher post/grade.”

1. These orders shall take effect from the date of issue of this office Memorandum.

To

All Ministries/Departments etc. of the Govt. of India.

Copy to:

1. Comptroller and Auditor General of India.
2. Secretary, Union Public Service Commission.
3. Rajya Sabha sectt./Lok Sabha sectt.
4. All State/Union Territory Governments/Administrations
5. All attached/subordinate offices under the DOPT/MHA.
6. National Commission for SC/ST, New Delhi.
7. National Commission for OBC, New Delhi.
8. Secretary, Staff Side, National Council (JCM), 9, Ashoka Road, New Delhi.
9. Registrar General, Supreme Court, New Delhi.
10. All Officers/Sections
11. 500 spare copies for Estt.(D).No.9/19/55-RPS
    Government of India
    Ministry of Home Affairs

New Delhi, the 22nd December, 1959.
1st Fusa. 1981

OFFICE MEMORANDUM

Subject: GENERAL PRINCIPLES FOR DETERMINING SENIORITY OF VARIOUS CAREERING OF PERSONS EMPLOYED IN CENTRAL SERVICES.

As the Ministries of the Government are aware, instructions have been issued from time to time regarding the principles to be observed in and the method of determining seniority vice Office Memoranda cited below:

(i) Office Memorandum No.30/44/48-Apptts., dated the 22nd June, 1949.

(ii) Office Memorandum No.65/28/49-DGS(Apptts.), dated the 3rd February, 1950 and other subsequent Office Memoranda regarding fixation of seniority of ex-employees of the Government of Burma.

(iii) Office Memorandum No.31/223/50-DGS, dated the 27th April, 1951 and other subsequent Office Memoranda regarding fixation of seniority of displace Government Servants.

(iv) Office Memorandum No.9/59/56-RPS dated 4th August, 1956.

The instructions contained in this Ministry’s Office Memorandum No. 30/44/43-Apptts., dated the 22nd June, 1949, were issued in order to safeguard the interests of displaced Government servants appointed to the Central Services after partition. As it was not possible to regulate the seniority of only displaced Government servants by giving them credit for previous service, the instructions were made applicable to all categories of persons appointed to Central Services. The principles contained in the 22nd June, 1949 orders were extended to:

(i) ex-Government servants of Burma appointed to Central Services and

(ii) the employees of former Part ‘B’ States taken over to the Centre as a result of Federal Financial Integration.The instructions contained in this Ministry’s Office Memorandum No. 32/10/49-CS, dated the 31st March, 1950 and No. 32/49/CS(C) dated the 20th September 1952 similarly regulate Central Service.

1. The question has been raised whether it is necessary to continue to apply the instructions contained in the Office Memoranda cited above. Displaced Government servants have by and large been absorbed in the various Central Services and their seniority has been fixed with reference to the previous service rendered by them. Similarly, the seniority of ex-employees of the Government of Burma and Part ‘B’ States as well as of candidates with war service has already been determined in accordance with the instructions cited above. As the specific objects underlying the instructions cited above have been achieved, their is no longer any reason to apply these instructions in preference to the normal principles for determination of seniority. It has, therefore, been decided in consultation with the UPSC, that hereafter the seniority of all persons appointed to the various Central Services after the date of these instructions should be determined in accordance with the General Principles annexed hereto.

2. The instructions contained in the various Office Memorandum cited in para 1 above are hereby cancelled, except in regard to determination of seniority of persons appointed to the various Central Services prior to the date of this Office Memorandum. The revised General Principles embodied in the Annexure will not apply with retrospective effect, but will come into force with effect from the date of issue of these orders; unless a different date in respect of any particular service/grade from which these revised principles are to be adopted for purposes of determining seniority has already been or is hereafter agreed to by this Ministry.

Sd/- (V. FISW/NATHAN)

Special Secretary to the Government of India.

To

All Ministries of the Government of India etc. etc.# ANNOTATIONS

JERERAL PRINCIPLES FOR DEIFFHINATION OF SENIORITY IN THE CENTRAL SERVICES

1. These principle shallapplg to the determination of se niority in Contral Civil Sorvices and Civil posts except such services and posts for which separate principles have already bren. issued for may be issued hereafter by Goverment.

Ministries or Fepartments which have made separcto rulos or issued instructions on the bnsis of instructions contained in the Ministry of Hone Affairs, 0.M.No.30/44/48-Apptts. dated the 22nd June, 1949, are requested to consider modification of thero rules or instructions on the basic of those general principles. However, whenover, it is considered necessary to follow principles different from those laid down in this Mororandum, a specific roforance should be made to the Kinistry of Hone Affairs will consult the UPSC. As regards indivdual cases, the Ministry of Hone Aifairs.

Will docide the cceas on which the advice of the Commission should be obtained.
(1i) Not withstenting anything contained in these Gererel Princirles, the seniority of persons belonring to the follow ing catagories will, on their erpointment to a Contral Civil. Service, or a Civil posts, continue to bo determined by the instructions noted against. each such category:-
(a) Ex-Government servants penalised for their patriotic activities
(b) Central Govornment employees diecherged on account of afflication with T.B.,
Pleurisy or Leprosy.
(c) Permanent displaced Govornment servants nominated by the Transfer Bureau to purely tosporary Organisations, who eonsocuent on their retrunement, were absorbed in other offices.

M.H.A.OM. No. 6/4/52-SENG dated 29.5 .57 .

OM No.37/1/52-DOS, datad.10.7.54 (subsequently extended to. ex-Pleurisy/Leprosy patitents vide OM.NO. 13/4/56-RPS dated 29.9 .56 and 13.4 .57 -RPS dt. 14.7 .58 .
OM.mo.30/44/48-Apptts. dated 22.6 .49 .2. Subject to the provision of para 3 below, persons appointed in a substantive or officiating capacity to a grade prior to the issue of these general principles shall retain the relative seniority already assigned to them or such seniority as may hereafter be assigned to them under the existing orders applicable to their cases and shall en-bloc be senior to all others in that grade.

Explanations for the purpose of these principles (a) persons who are confirmed retrospectively with effect from a date earlier than the issue of these general principles; substantively vacant in a grade prior to the issue of these general principles, shall be considered to be permanent officers of the grade.

1. Subject to the provisions of para 4 below, permanent officers of each grade shall be ranked senior to persons who are of ficating in that grade.

2. Direct Recruits

Notwithstanding the provisions of para 3 above, the relative seniority of all direct recruits shall be determined by the order of merit in which they are selected for such appointment on the recommendations of the U.S.S.C. or other selecting authority, persons appointed as a result of subsequent selection.

1. Provided that where persons recruited initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.

2. Promotions

(1) The relative seniority of persons promoted to the various grades shall be determined in the order of their selection for such promotion.

Provide that where persons promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their promotion, seniority shall follow the order of confirmation and not the original order of merit.

(2) Where promotions to a grade are made from more than one grade, the eligible persons shall be arranged in separate lists in the order of their relative seniority in their respective grades hereafter, the Departmental Promotion Committee shall select persons for promotion from each list up to the prescribed quota and arrange all the candidates selected from different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher grade.# 13

$\checkmark$

Seperate quotas for promotion have not alrendy
bacn proscribe in the relevant rocruitment rules, the Winist-
Eies/Departments may do so now, in consultation with tho
Comission wherover necessary.
6. Relative seniority of Direct = Recruits and Promoters.

The relative seniority of direct recruits and of
promoters thall be detormined accor:ing to the rotation of
vacancies between direct reorits and p renteses which thall
be based on the quotas of vopencics reserred for direct
recruitrent and promotion reapecrive: in the: recruitment
Rules.
7. Transforoer:-
(1)- The ralntive seniority of perrone: appointed to
transfer to a Contral Service from the Suhord
tinto nfllines of the nontral. Goveinents. of
other Departments, of the Central or Stata
Governanta shall be determined in accordance
with the order of their selection for such
transfer.
(ii) Whore such transfers are reffected against
specific quotas prescribed in the recruitment
rules therefore, the relative seniority of
such transfcrees yis-a-vis direct recruits
and promotees shall be determined according to
the rotation of vacancies which shell be based
on the quotas. resured for transfer, direct
recruitment and prorction respectively in
the recruitment rules.
(iii) Whore a person is appointed by transfer in
accordance with a provision in the recruitment rules
providing for such transfer in the event of non-civellabi-
ty of a suitable candidate by direct recruitment or
promotees, as the case may be, for the purpose of para 6
shove. He shall be rahkod below all direct recruits or.
pro:otees, as the case may be, selected on the same
ocension.
8. Persons appointed on adhoo bable to a grado without
consultation with the UPSC under. Regulntion 4 of the U.P.S.C.
(Exemption from Consultation) Regulations, 1958, are to be
replaced by persons approved for regular appointment by
direct recruitment, promotion or transfer, as the case may
be. Until they are replaced, such persons will be shown in
the order of their adhec appointments and below all
persons regularly appointed to the grade.# EXPLANATORY MEMORANDUM

General Principle 4: The Union Public Service Commission

Invariably indicate the order of preference at the time of selection and it will not, therefore, be difficult to determine the relative seniority of persons recruited through the Commission. In order to obviate difficulties in determining the relative seniority of direct recruits recruited otherwise than through the U.P.S.C., the select one authority should indicate the order of merit at the time of selection.

General Principle 5(1):

Where promotions are made on the basis of selection by a D.P.C., the seniority of such promotes shall be in the order in which they are recommended for such promotion by the Committee. Where promotions are made on the basis of seniority subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be the same as the relative seniority in the lower grade from which they are promoted. Where, however, a person is considered as unfit for promotion and is superseded by a junior, such persons shall not if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him.

General Principle 5(11):

Illustration: Where 75% of the vacancies in the grade of Head Clerk are reserved for promotion from the grade of Upper Division Clerk and 25% from the grade of Store-Keeper, the eligible Upper Division Clerks and Store-Keepers shall be arranged in separate lists with reference to their relative seniority in those grades. The D.P.C. will make selection of three candidates from the list of U.D.C. and 1 from the list of Store-Keepers. Thereafter the selected persons from each list shall be arranged in a single list in a consolidated order of merit assessed by the D.P.C. which will determine the seniority of the persons on promotion to the higher grade.

General Principle 6:

A roster should be maintained based on the reservation for direct recruitment and promotion in the Recruitment Rules. Where the reservation for each method is 50% the roster will run as follows:

1. Promotion.
2. Direct recruitment.
3. Promotion.
4. Direct Recruitment and so on. Appointment should be made in accordance with this roster and seniority determined accordingly.

Illustration: Where 75% of the vacancies are reserved for promotion and 25% for direct recruitment, each direct recruit shall be ranked in seniority below 3 promotions. Where the quotas are 50% each, every direct recruit shall be ranked below a promote. If for any reason, a direct recruit or a promote ceases to hold the appointment in the grade, the seniority list shall not be re-arranged merely for the purpose of ensuring the promotion referred to above.General Principle 7 (1): The principle laid down in para 7(1) will not present any difficulty where recruitment by transfer is made signly and at intervals but it will be from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by transfer to indicate the inter se order of merit of the selected persons in such cases.

General Principle 8: While the seniority of persons appointed on an ad-hoc basis will be determined as indicated in para 8 of the Annexure, the seniority list should clearly show that such persons are not eligible for promotion or confirmation.

I found wanting in cases where two or more persons are selected-16-

No. 22011/7/86-2stt(D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

dated 3-7-86

OFFICE MEMORANDUM

Subject: SENIORITY- Consolidated orders on

The undersigned is directed to say that instructions have been issued by this Department from time to time lay in down the principles for determining seniority of persons appointed to services and posts under the Central Government. For facility of reference, the important orders on the subject have been consolidated in this Office Memorandum. The number and date of the original communication has been quoted in the margin so that the users may refer to it to understand fully the context in which the order in question was issued.

SENIORITY OF DIRECT RECRUITS AND PROMOTES

2.1 The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.C. or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of a subsequent selection.

2.2 Where promotions are made on the basis of selection by a D.P.C., the seniority of such promotions shall be in the order in which they are recommended for such promotion by the Committee. Where promotions are made on the basis of seniority subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be the same as the relative seniority in the lower grade from which they are promoted. Where, however, a person is considered unfit for promotion and is superseded by a junior such persons shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him.

2.3 Where persons recruited or promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.

2.4.1 The relative seniority of direct recruits and of promotion shall be determined according to the rotation of vacancies between direct recruits and promotions which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules.2.4.2 If adequate number of direct recruits do not are available in any particular year, rotation of the purpose of determining seniority would take place on to the extent of the available direct recruits and the promotees.

In other words, to the extent direct recruits are not available the promotees will be bunched together at the bottom of the seniority list below the last position upto which it is possible to determine seniority, on the basis of rotation of quotas with reference to the actual number of direct recruits who become available. The unfilled direct recruitment quota vacancies would, however, be carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent years where necessary) for taking action for direct recruitment for the total number according to the usual practice. Thereafter in that year while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees as determined according to the quota for that year, the additional direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc below the last promotee (or direct recruit as the case may be), in the seniority list based on the rotation of vacancies for that year. The same principle holds good for determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent year.

ILLUSTRATION: Where the Recruitment Rules provide 50% of the vacancies of a grade to be filled by promotion and the remaining 50% by direct recruitment, and a assuming there are ten vacancies in the grade arising in each of the year 1986 and 1987 and that two vacancies intended for direct recruitment remain unfilled during 1986 and they could be filled during 1987, the seniority position of the promotees and direct recruits of these two years will be as under:

2.4.4 With a view to curbing any tendency of underreporting/suppressing the vacancies to be notified to the concerned authorities for direct recruitment, it is clarified that promotees will be treated as regular only to the extent to which direct recruitment vacancies are reported to the recruiting authorities on the basis of the quotas prescribed in the relevant recruitment rules. Excess promotees, if nay, exceeding the share failing to the promotion quota based on the corresponding figure, notified for direct recruitment would be treated only as ad-hoc promotees.

SENIORITY OF TRANSFEREES

3.1 The relative seniority of persons appointed by transfer to a Central service from the subordinate offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such transfer.

3.2 Where such transfers are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such transferees vis-a-vis direct recruits or promotees shall be determined according to the rotation of vacancies which shall be based on the quotas reserved for transfer, direct recruitment and promotion respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in para 2.4.2 will apply, mutatis mutandis in determining inter- as seniority of the appointees.

3.3 Where a person is appointed by transfer in accordance with the provisions in the Recruitment Rules providing for such transfer in the event of non-availability of suitable candidate by direct recruitment or promotion, such transferee shall be grouped with direct recruits or promotees, as the case may be. He shall be ranked below all direct recruits or promotees, as the case may be, selected on the same occasion.

3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “transfer on deputation/transfer”), his seniority in the grade in which he is absorbed will normally be counted from the date of absorption. If he has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he will be given seniority from:

• the date he has been holding the post on deputation,
• the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department.3.4.2 The fixation of seniority of a transferee in accordance with the above principle will not, however, affect any regular promotions to the next higher grade made prior to the date of such absorption. In other words, it will be operative only in filling up of vacancies in higher grade taking place after such absorption.
  3.5 In cases in which transfers are not strictly in public interest, the transferred officers will be placed below all officers appointed regularly to the grade on the date of absorption.

SENIORITY IN SPECIAL TYPES OF CAES

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 re-employed in other posts will be fixed in consultation with the Department of Pers. \& Trg.
4.2.1 An order imposing the penalty of reduction to
lower service, grade or post or to a lower time-scale
should invariably specify:-
(1) the period of reduction, unless the clear intension is that the reduction should be permanent or for an indefinite period;
(11) whether on such repromotion, the Govt. servant will regain his original seniority in the higher service, grade or post or higher time-scale 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 repromotion 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 organisation for the purpose of their seniority in the new organisation. 25.2.66Such employees are to be treated as fresh entrants in the matter of their seniority, promotions etc.

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-

(1) no direct recruit has been selected for appointment to that grade in between these dates; and

(11) 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 redeployment 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 not through the Commission. Seniority of surplus officers appointed on the recommendations of the Commission will be decided on merits in consultation with the Commission.

1. 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).

Sd/-

(K. S. R. KRISHNA RAC

DEPUTY SECRETARY TO THE GOVT. OF INI

TELE: 301 12 25

To

1. All Ministries/Departments of the Govt. of India, etc. etc.# YACANCY REGISTR

2. Total number of vacancies arising during the year

3. DIRECT RECRUITMENT
   (I) No of vacancies to be filled:
   (a) Vacancies of the year (as per quota prescribed).
   (b) Vacancies of the previous year(s) brought forward
   (c) Total
   (11) No. of vacancies actually filled
   (111) No. of vacancies carried forward
4. BY PROMOTION:
   (1) No. of vacancies to be filled
   (a) Vacancies of the year (as per quota prescribed).
   (b) Vacancies of previous year (s) brought forward.
   (c) Total
   (11) No. of vacancies actually filled.
   (111) No. of vacancies carried forward

Note-1:- The methods of recruitment mentioned above are only illustrative; those prescribed in the relevant recruitment rules will be reflected in this Register.