DEAR POSTMASTER,
If you repeat a lie often enough, it
becomes the truth?????
I wish to share
some information on the recent developments on posting of officials
in PM GRIII.
What is initial constitution?
Who is responsible for not
convening the DPC in time?
What the Article 14 and 15 of
Constitution of India speaks?
What is the significance of cut
off date to submit option to switch over to other cadre?
Why injustice arise when a
rectification of non following rule in time?
What should be the position of the
HSGI Junior officials if they submit their option to PM cadre
1. What is initial constitution?
Dopt Guide lines on RR
PART-III
GUIDELINES ON PREPARING SCHEDULE &
NOTIFICATION
A. GENERAL
INITIAL CONSTITUTION
3.1.1. In cases where a new
service is formed and the Recruitment Rules are framed
for the first time and that there are
officers already holding different categories of
posts proposed to be included in the
service on a regular / long term basis, a suitable
‘Initial Constitution’ Clause may
be inserted in the Notification so as to count the
regular service rendered by such
officers before the date of notification of the Rules.
CONSIDERATION OF SENIORS
3.1.2 It may so happen that in some
cases of promotion, the senior officers would
not have completed the required
service whereas the juniors would have completed
the prescribed eligibility condition
for promotion. In such cases, seniors will be left
out from consideration for the higher
post. To avoid such a situation, following note may be inserted in
the recruitment rules/ column in the schedule to the Recruitment
Rules.
Note:
“Where juniors who have completed
their qualifying/eligibility service are being
considered for promotion, their
seniors would also be considered provided they are
not short of the requisite qualifying/
eligibility service by more than half of such
qualifying/ eligibility service or two
years, whichever is less, and have successfully
completed probation period for
promotion to the next higher grade along with their
juniors who have already completed
such qualifying/ eligibility service.”
(DOPT O.M. No. AB-14017/12/88-Estt.
(RR) dated 25.3.1996)
RETENTION OF EXISTING ELIGIBILITY
SERVICE
3.1.3 Where the eligibility service
for promotion prescribed in the existing rules is
being enhanced (to be in conformity
with the guidelines issues by this Department)
and the change is likely to affect
adversely some persons holding the feeder grade
posts on regular basis, a note to the
effect that the eligibility service shall continue to
be the same for persons holding the
feeder posts on regular basis on the date of
notification of the revised rules,
could be included in the revised rules.
2. Who is responsible for not
convening the DPC in time?
No.28036/1/2012-Estt(D)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL & TRAINIING
North Block, New Delhi,
Dated the 3' April, 2013
OFFICE MEMORANDUM
Subject: Ad-hoc Appointment/Promotion —
Review of - Regarding.
The undersigned is directed to say that
as per the extant policy of the
Government, all posts are to be filled
in accordance with provisions of the
applicable Recruitment Rules/Service
Rules. As explained in this
Department's O.M.
No.28036/8/87-Estt.(D) dated 30.03.1988 read with O.M.
No.28036/1/2001-Estt.(D) dated
23.07.2001, promotions/ appointments on ad-
hoc basis are to be resorted to only in
exceptional circumstances mentioned
therein, to a post which cannot be kept
vacant in consideration of its
functional/operational requirement. In
spite of these express provisions, it
has come to the notice of this
Department that the Ministries/Departments are
resorting to ad-hoc arrangements in
total disregard to the statutory
provisions/instructions on the subject
as well as proper manpower
management and career advancement of
the employees.
2. This Department has been impressing
upon all the Ministries/
Departments from time to time to take
adequate steps in advance so as to
achieve the desired objective of timely
convening of the Departmental
Promotion Committee (DPC) meetings and
preparing the approved select
panels for regular
appointments/promotions within the prescribed time limits.
However, at many a time, due to
non-adherence to the prescribed norms and
procedures by the
Ministries/Departments, the approved select panel is not
ready in time and ad-hoc arrangements
are resorted to. Some
Ministries/Departments have taken
non-acceptance of their incomplete
proposals for DPCs, by the UPSC, as the
reason for resorting to ad-hoc
appointments. In this regard, as
already emphasized in this Department's
O.M. No.22011/3/2011-Estt.(D) dated
24.03.2011, it is reiterated that the
responsibility of sending the DPC
proposals, complete in all respect, to the
UPSC, lies entirely on the
administrative Ministries/ Departments concerned.
3. What the Article 14 and 16 of
Constitution of India speaks?
Article
14. Equality before law. -The
State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.Article
16. Equality of opportunity in matters of public employment.
-
Article
16. Equality of opportunity in matters of public employment. -
(1)
There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State.
What is the significance of cut
off date to submit option to switch over to other cadre?
To protect the inter se
seniority of the senior official when they are submitting option
from
one cadre to another on the basis
of feeder cadre gradtion list
Why injustice arise when a
rectification of non following rule in time?
The Officials who were not
submitted their option with in the cut off date in fear of work load
and posting in the identified Postmaster cadre office are now
eligible to give option in the PM GRIII from the recently ordered
DPC in the name of creating the PM III cadre under initial
constitution is injustice to HSG(I) (NB) who were submitted option
to PM III within the time
frame. In some circle where the DPC held in time were not mentioned the crucial date of completion of 3 years in HSG II resulting the Junior official to the PM GR II opted officialls will be promoted.
This is creating the fear on
the Administration that it has given the strings to the mass
unjstified demand. Can
administration rectify the error in time? Justice will be showered on the PM GR II officials in India Post?
What should be the position of the
HSGI Junior officials if they submit their option to PM cadre III
All these from my desk for your think tank for today......
