Relative seniority among promotees and DR
Name of post: Assistant Director, Group-B, Gezetted.
Total Cadre strength: 12 posts (During 1997-98).
Method of Recruitment as per RR: i) 50% by promotion, failing which by Deputation and failing both by Direct Recruitment and ii) 50% by Direct Recruitment.
As on 6.10.1997, 3 posts fallen vacant.
Out of 12, 6 posts occupied by Direct Recruitment Candidates and only 3 posts occupied by Promotees after 3 vacancies as on 6.10.1997
15-12-98 – As per recruitment Register all 3 vacancies identified for promotion, because 6 posts already filled with DR candidates and only 3 posts by promotees to maintain equal ratio of 50%.
31-12-98- proposal for filling of all 3 vacancies by promotion approved by competent authority.
23-2-99- DPC Chairman not agreed for all 3 by promotion, The proposal changed for first 2 posts for by promotion and remaining one the 3rd vacancy by DR.
DPC held on 18-3-1999, 2 candidates selected, One candidate ‘X’ joined on 30.6.1999 and 2nd candidate ‘Y’ joined on 13.4.2000
Proposal of 3rd vacancy sent to UPSC on 9.9.1999 for Direct Recruitment
11.12.99 – UPSC Advertised the post
4.12.2000 – Interview held and one candidate was selected.
Offer of appointment was issued to the selected candidate on 13.9.2001 to join on or before 8th October 2001, but the candidate claimed extension time to time and upto 31st Dec. 2001. Department given extension 3 times i. e. on 15.11.2001, 29-11-2001 and till 14.12.2001.
Department cancelled the offer of appointment on 31-12-2001 and a Requisition sent to UPSC for recommendation of another candidate from reserve panel
UPSC recommended another candidate ‘Z’ from Reserve Panel and he joined on 7.2.2002
Department fixed the Seniority in the following manner
During 2001
13-7-2001 – Draft Seniority list issued for asking any discrepancy among candidates
27.7.2001 – No discrepancy received, seniority list finalized as on 1-7-2001 as
1. Shri ‘X’ – 30.6.1999 (Promotee)
2. Shri ‘Y’ - 13.4.2000 (Promotee)
During 2004
18.3.2004 – Draft Seniority list issued for asking any discrepancy among candidates
8.4.2004 – No discrepancy received, seniority list finalized as
1. Shri ‘X’ – 30.6.1999 (Promotee)
2. Shri ‘Y’ - 13.4.2000 (Promotee)
3. Shri ‘Z’ – 7.2.2002 (Direct Recruitment)
Subsequently Seniority lists same as above, dated 5.1.2009, 25.2.2011, 8.4.2013 & 22.7.2013
Department reviewing the seniority referring with the DOPT OM dated 4.3.2014 to give seniority to ‘Z’ candidate above the ‘Y’ candidate, is it so correct.
As per DOPT OM. No. 20011/1/2012-Estt.(D), dated 4-3-2012 the principles given in the O.M. Para from 5.a) to 5.g) and Para 5. h), the principles for determination of inter-se seniority of direct recruits and promotees would be effective from 27.11.2012, the date of Supreme Court Judgment in Civil Appeal No.7514-7515/2005 in the case of N.R. Parmar Vs. UOI & Ors. In the O.M. Para 5. i) The cases of seniority already settled with reference to the applicable interpretation of the term availability, as contained in DOPT O.M. dated 7.2.86/3.7.86 may not be reopened.
In view of date of vacancy, quota reserved for promotion & DR, Recruitment years and date of appointments, whether the above given seniority in the year 2004 and in subsequent years till 2013 are in order. Kindly give answer.
Asked 8 years ago in Civil Law
As per DOPT OM dated 3.7.1986, para 2.4.1 ' The relative seniority of direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the recruitment rule'. As per RR i) 50% by promotion failing which by Deputation failing which Direct Recruitment and ii) 50% by Direct Recruitment. According to Reservation register, all 3 vacancies earmarked for promotees but the DPC chairmen changed the vacancies for 50% by Promotees & DRs respectively. Accordingly 1st 2 vacancies earmarked for promotees and remaining one for DR. Vacancy year for all 3 was 1997-98 and recruitment year for promotees 1998-1999 and for DR 1999-2000. In this case whether the principle of rota quota is applicable for fixing of seniority according to DOPT OM. dated 4.3.2014. May kindly clarify.
Asked 8 years ago