Instructions for Up-gradation and Continuation of posts under Central Government – DoE Order Dated 5.1.2024

DoE has issued an OM regarding Compendium of Instructions for Up-gradation and Continuation of posts under Central Government in addition to Creation, Revival, Conversion, Transfer, Down-gradation and Abolition of posts.

DoE OM Dated 5.1.2024 regarding Instructions for Up-gradation and Continuation of posts under Central Government

F No.7 (1)/E.Coord-I/2017
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 5th January, 2024

OFFICE MEMORANDUM

Sub: Compendium of instructions for Creation, Revival, Continuation, Conversion, Transfer, Up-gradation, Down-gradation and Abolition of posts under Central Government.

The following compendium of instructions for Creation, Revival, Continuation, Conversion, Transfer, Up-gradation, Down-gradation and Abolition of posts under Central Government is issued in supersession of all previous instructions/ orders.

2. General:

2.1. These instructions shall apply to creation, continuation, revival, conversion, transfer, up-gradation, down-gradation and abolition of posts in Central Government Ministries/Departments, Attached Offices, Subordinate Offices and Central Govt posts in Statutory Bodies.

2.2 Any specific exemption allowed to any Ministry or Department on creation, revival, continuation, conversion, transfer, up-gradation and down-gradation of posts is also withdrawn except for delegations contained in Appendix-1.

2.3 If delegation of powers for creation, revival, continuation, conversion, transfer, up-gradation, down-gradation of posts other than those under Appendix-1, are required or otherwise available under any Authority, the same shall be brought to the notice of this Department separately for further necessary action.

2.4 Proposals for creation, revival, continuation, conversion, transfer, up- gradation, down-gradation and abolition of posts [except where powers are delegated to Administrative Ministries/Departments and Financial Advisors vide this order] shall be routed through the IFD with the approval of Minister-in-Charge/Secretary of concerned Administrative Ministry, as applicable.

2.5 These instructions shall not be applicable to CPSEs, which may follow the instructions issued by Department of Public Enterprises in this regard. Instructions in respect of Autonomous Bodies issued separately.

2.6 These instructions shall not be applicable to Statutory posts. A post shall be categorised as Statutory, if it is specifically mentioned under the provisions of any Act of Parliament. Post(s) created by Rules/Notification/ Executive orders under any of the provisions of a Statute subsequent to notification of the Statute for smooth functioning of the Statutory Body shall not be categorised as Statutory Posts. These posts shall be subject to the provisions of these instructions.

2.7. The power to create posts resides with Cabinet and Department of Expenditure as given hereunder. No proposal for delegation of power to create posts to any Authority shall be included in any Appraisal notes [CEE, EFC, etc], Draft Cabinet Note (DCN) or Bill.

2.8 Proposals for creation of posts as part of a Statute should invariably be brought to the notice of Department of Expenditure through Appraisal Notes/DCN for approval.

3.Creation of posts:

3.1 Creation of posts at SAG and above levels [Pay Level-14 and above] shall be submitted to Cabinet in terms of the Transaction of Business Rules 1961. Views/comments of Department of Expenditure for such proposals shall be obtained at DCN stage.

3.2. Proposals for creation of posts below SAG level shall be referred to Department of Expenditure through the respective IFD, with the approval of Minister-in-Charge.

3.3. In case of multiple proposals, a consolidated proposal shall be submitted.

3.4 Proposals for creation of posts shall be submitted on file, along with the prescribed checklist issued by this Department (Annexure-I). Separate checklists may be prepared for each category of post. Proposals without complete information and without approval of the Minister-in-Charge will not be considered and will be returned to the Administrative Ministry.

3.5 The Authority competent to approve creation of post(s) shall be as below:

Level of Post	Approving Authority
Posts equivalent to SAG and above levels [Pay Level-14 and above]	Cabinet
Posts below SAG Level [Below Pay Level-14]	Department of Expenditure

Creation of Supernumerary Posts

4.1 The Competent Authority for creation of posts and procedure in respect of supernumerary posts shall be the same as for regular posts given at para 3 above.

4.2 Supernumerary post(s) shall be personal to the officer(s) for whom it is created and for a limited period to be specified in the order itself. It shall stand abolished as soon as the officer(s) for whom it is created vacates it on account of retirement/promotion/ accommodation against a regular post/or any other reason.

4.3. Administrative Ministries/Departments under intimation to concerned Financial Advisors shall maintain a record of the supernumerary posts, the particulars of the individuals who hold liens against them and the progressive abolition of such posts as and when the holders of the posts vacate them.

Abolition and Revival of posts

5.1 A post lying vacant for more than 5 years from the date of creation or date of falling vacant, shall stand abolished.

5.2 ln cases where

(i) the recruiknent process has been initiated within 4 years of the creation/arising of vacancy and is underway but appointrnent orders have not been issued within the period of 5 years, or

(ii) there are specific Court directions requiring the filling of a post, or

(iii) filling of posts was delayed due to Court orders on finalization of seniority lists/filling of the posts etc., or

(iv) promotion posts under reservation quota could not be filled due to nonavailability of eligible candidates in the feeder grade or

(v) posts are essential for functioning of the organisation and for which matching savings can be provided by the organization by surrendering live posts without compromising the hierarchy of the Cadre or affecting the promotional channel of the feeder grades in the same hierarchy.

the posts may be revived with prior approval of Department of Expenditure.

5.3 In cases, where the organization is prevented from filling the vacancy due to circumstances specified in para 5.2 and where sufficient justification exists for continuation of the post, proposals for revival shall be submitted to Department of Expenditure through Integrated Finance Division (IFD) along with a detailed chronology of events indicating the circumstances which led to non-filling of the vacancy and functional justification for revival with the approval of Secretary of Administrative Ministry/Department as per prescribed (Annexure-Il). Revival would be considered only in the circumstances mentioned in para5.2.

5.4 Statutory posts are not covered under these instructions. Only the posts mentioned in Statute may be considered Statutory, not their support staff as defined under para 2.6.

5.5 Once a post stands abolished under para 5.1, it (unless covered under para5.2) shall not be filled, except by creating lt de nouo by following the procedure under para 3.

5.6 A list of abolished posts shall be submitted to the Department of Expenditure annually though the Financial Advisor concerned..

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