Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion
NO. 22011/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi – 110001
Dated- 14th November, 2014
OFFICE MEMORANDUM
Subject: – Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion-Regarding.
The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 2201114/98-Estt(D) dated October 12, 1998 regarding consideration of retired employees who were within the zone of consideration in the relevant year(s) but are not actually in service when the DPC is being held. The said OM provides as follows:
“……..There is no specific bar in the aforesaid Office Memorandum dated April 10, 1989 or any other related instructions of the Department of Personnel and Training for consideration of retired employees, while preparing year-wise panel(s), who were within the zone of consideration in the relevant year(s). According to legal opinion also it would not be in order if eligible employees, who were within the zone of consideration for the relevant year(s) but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration/panel and, consequently, their juniors are considered (in their places), who would not have been in the zone of consideration if the DPC(s) had been held in time. This is considered imperative to identify the correct zone of consideration for relevant Year(s). Names of the retired officials may also be included in the panel(s). Such retired officials would, however, have no right for actual promotion. The DPC(s) may, if need be, prepare extended panel(s) following the principles prescribed in the Department of Personnel and Training Office Memorandum No.22011/8/87-Estt.(D) dated April 9, 1996.”
2. Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year. These undesirable trends negate the very purpose of the above said Office Memorandum No. 22011/4/98-Estt(D) dated October 12, 1998 and it is also against the principle of natural justice.
3. All the Ministries/Departments are therefore advised to ensure strict compliance of the instructions of the Department of Personnel & Training issued vide this Department’s OM No. 22011/4/98-Estt(D) dated October 12, 1998.
4. These instructions may please be brought out to the notice of all concerned including attached and subordinate offices.
(S.K.Prasad)
Under Secretary to the Govt. of India
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_1_2014-Estt.D-14112014.pdf]
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I wonder what a system of governance we have? We have government departments flouting instructions of the DOPT though marked as “For Strict Compliance”, yet. I strongly feel that those who have scant regard for the Government instructions and High/ Supreme Courts directions must be held to account, lest this kind of attitude spell disaster in the governance of the country. When govt instructions are clear and also supported by the judicial pronouncements of judgements on the subject, there is no room for leniency towards those departments and the officials for the failure to comply with. This highhandedness must end and end now. We can’t afford to pass on the legacy to the coming generations.
JAI Hind.