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Seniority Principles

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0% found this document useful (0 votes)
4 views22 pages

Seniority Principles

Uploaded by

parulsy2608
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Seniority Principles

Rahul Agarwal
Asst Dir, DHTI
8375004140 / rahul020985@[Link]
Importance for Determination of Seniority
● For promotions through Departmental
Determination of Seniority
Promotion Committees is closely linked with the
● For forwarding applications for deputation method of recruitment to
a particular post viz
and other employment
● For assigning roles and responsibilities in ● Direct Recruitment
● Promotion
organization ● Absorption
● Reemployment
● For establishing a working hierarchy in the
organization Or mixture of any of the
above method
Seniority Principles
Direct Recruits Case of Delayed Joining

● If recruited through a competitive exam ● Generally, 1 or 2 months time is provided to


candidates for joining
→ In the order of Merit (Not DoJ)

● However, the same may be extended for up


to 06 months from the date of issuing offer
● Appointees of an earlier selection are of appointment on request of the candidate
placed before that of a later selection in with a valid reason

seniority

● Candidates joining within 6 months will be


Can Joining Date be extended for more than 06 governed by same seniority principles
months also ??
Seniority - Delay in Joining
● If a candidate does not join in the extended period (06 months), the
offer of appointment stands lapsed
● Lapsed offer can be revived only in exceptional circumstances and in
public interest
● If lapsed offer is revived → Such candidate would be placed below all
other of his batch
● If before his joining, some/all candidates of next
selection/examination have also joined, such candidate to be placed
below candidates of the next batch
Direct Recruitment: Operation of Reserve List
● UPSC/SSC, wherever possible, maintains a Operation of Reserve List
reserve panel of candidates found suitable on
● In the event of occurrence of
the basis of selections made by them for
a vacancy caused by
appointment on direct recruitment basis non-joining of the candidate
● The reserve panel is operated by the UPSC on a within the stipulated time
request received from the requisitioning allowed for joining the post
Ministry/Department concerned ● Where a candidate joins but
● The inter-se seniority of candidates nominated he resigns or dies within a
period of one year from the
from reserve panel will be fixed as per date of his joining
consolidated merit given by Union Public ● If a fresh panel is not available
Service Commission (UPSC)/Staff Selection by then. Such a vacancy
Commission (SSC)/ Recruiting agency (RA) should not be treated as a
fresh vacancy
More than 1 Panel on Same Date
In case of sending different panels on the same date following
procedures may be followed for fixation of the inter se seniority of the
candidates from the two panels:

● Chronology of Recommendation Letter


● Where the date of recommendation letter is same, chronology of
interview board reports’
● Where both (i) and (ii) are also same, then the chronology of
requisition made by the respective Ministries/Departments.
Seniority of Promotees
● Where promotions are made either by ‘selection’ or ‘non-selection’ method
as per due procedure, the seniority of an officer assessed as ‘fit’, in the
promoted grade shall be same as in the feeder 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/she is subsequently
found suitable and promoted, take seniority in the higher grade over the
junior persons who had superseded him/her
● Persons appointed as a result of an earlier selection shall be senior to
those appointed as a result of subsequent selection
Reservation in Services: Promotion and Seniority
● SC/ST Government servants on their promotion by virtue of rule of
reservation roster will be entitled to consequential seniority also
● In other words, the candidates belonging to general/OBC category
promoted through a later DPC will be placed junior to the SC/ST
Government servants promoted through earlier DPC, even though by
virtue of the rule of reservation
● The said reservation roster/points are meant only for identifying the
vacancy that goes to a particular category of officer and in no way acts
as a determinant for fixation of seniority of the officer in a panel
recommended by the DPC
Relative Seniority of Direct Recruits and Promotees
Rotational Quota Principle

The relative seniority of direct recruits and of


promotees shall be determined according to the
The unfilled direct
recruitment quota vacancies
rotation of vacancies between available direct
would, however, be carried
recruits and promotees, which shall be based on the
forward and added to the
quota of vacancies reserved for direct recruitment
corresponding direct
and promotion respectively in the Recruitment Rules
recruitment vacancies of the
If adequate number of direct recruits does not next year (and to subsequent
become available in any particular year, rotation of years where necessary)
quotas for the purpose of determining seniority
would take place only to the extent of the available
direct recruits and the promotees
K Meghchandra Case: 19.11.2019
The determination of inter se seniority of direct recruits and
promotees, as laid down by the Hon'ble Supreme Court of The appointees who
India, in its Order dated 19.11.2019 in K. Meghachandra join in the concerned
recruitment year and
Singh case will be governed by the following principles:-
those who join in
● Inter se seniority between direct recruits and subsequent year(s),
promotees, who are appointed against the vacancies of would figure in the
respective quota, would be reckoned with reference to seniority list of the
the year in which they are appointed i.e. year in which respective years of
they are borne in the cadre or formal appointment their being appointed
order is issued.
● Determination of seniority for recruitees would depend
on their actual appointment and not the initiation of
recruitment process itself
Seniority on Absorption
● Relative Seniority of absorbees in order of their selection for such
absorption
● Determination of Seniority
○ If Quota provided in RRs → As per rotation principle
○ If appointed under ‘failing which’ clause → below DRs / Promotees
● If Absorption after Initial appointment on deputation → Seniority to
count from date of absorption , however:
○ Holding an analogous post in Parent Deptt → Date of Deputation
or Date of regular appt in parent dept, whichever is earlier
Analogous/Equivalent Criteria for Posts
● 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 of or a segment of each other
● Both the posts should be falling in the
same Group of posts
● The levels of the responsibility and the
duties of the two posts should also be
comparable
● Qualifications and experience are
comparable to those prescribed for direct
recruitment for the feeder grade/post from
which the promotion has been made
Seniority - Surplus Employees
● No benefit of past service for Seniority in New
Organization

● To be treated as fresh entrants for promotion/MACP etc


Seniority in Special Type of Cases
Seniority of Officer under Suspension
● An officer under suspension who on conclusion of the departmental
proceeding against him/her, is completely exonerated, should be
promoted in the first vacancy that could be made available for the purpose
● His/Her seniority in the next higher grade fixed as if he/she had been
promoted in accordance with his/her position in the select list
● In such a case, the period during which any officer junior to the suspended
officer concerned was promoted to the higher grade should be reckoned
towards the minimum period of service prescribed for purpose of
eligibility for promotion to the higher grade.
Seniority : Special Cases
Seniority of officers who have been recommended for promotion
by a DPC during the currency of a penalty
An officer who has been recommended for promotion by a DPC
despite imposition of a minor penalty on him/her, will be promoted on
the basis of the recommendation of the said DPC, only after expiry of
the penalty and his/her seniority would be fixed according to his/her
position in that panel
Seniority: Special Cases
Fixation of seniority of a Government servant reverted to a lower
post/grade/service as a measure of penalty and subsequently promoted
to a higher post

An order imposing the penalty of reduction to a lower service, grade or post


or to a lower time-scale should invariably specify:-

● the period of reduction, unless the clear intention is that the reduction
should be permanent or for an indefinite period;
● whether on such re-promotion, 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.
Seniority of Re-Employed Officers
However, where such officers are appointed to civil posts and the
Recruitment Rules applicable thereto prescribed re-employment as a
distinct mode of recruitment, their seniority will be determined as under:

● The inter se-seniority of persons so re-employed shall be determined


in accordance with the order of their selection
● Where the Recruitments Rules prescribed specific quotas for each of
the categories, on the basis of rotation of vacancies based on the said
quota
● their confirmation and promotion to Higher posts would take place
with reference to the seniority so fixed
Seniority: Special Cases
Fixation of seniority of a person who has been transferred to a lower
post under FR-15A
● When the Government employee is transferred to a lower post on his
own request under FR 15(a)(2), it neither, identifies itself as a case of
penal action on the employee nor as a case of transfer to a lower post in
public interest
● As the person already stood promoted to the next higher grade, in case of
his/her reoccupying the lower post at the top of the seniority (original
position), would affect adversely not only the existing officers in the
grade, but would apparently nullify the very purpose of his /her transfer
to the lower post
● As such an officer seeking transfer to a lower post under FR-15, at his own
request, would be placed below all officers appointed regularly to the
lower grade on the date of transfer
Seniority: Special Cases
Seniority of persons appointed on compassionate grounds

● The inter-se seniority of persons appointed on compassionate grounds


may be fixed with reference to their date of appointment.
● Their interpolation with the direct recruits/promotees may also be made
with reference to their date of appointment without disturbing the
inter-se seniority of direct recruits/promotees.
● The person appointed on compassionate ground in a particular year
would be placed at the bottom of all the candidates recruited/appointed
through direct recruitment, promotion etc. in that year, irrespective of the
date of joining of the candidate on compassionate grounds

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