ADHOC APPOINTMENT & OFFICIATING ARRANGEMENTS in Postal Department.
I. OFFICIATING ARRANGEMENTS
1. General principles to be followed in making officiating appointments in short term vacancies
(1) In cadres in which promotion is made from amongst officials working in the same office or station, officiating arrangements in case of vacancies of not more than one month's duration may be confined to the officials in the section or branch of the office or the sub-office where the vacancy occurs even if this involves supersession of a senior qualified official.
(2) In cadres in which promotion is made from officials working in different stations-sub-divisions or divisions:-
(a) In the case of vacancies of not more than one month's duration, officiating arrangements may be confined to the officials at the station where the vacancy occurs. In the case of a station where there are more officers than one, each independent of the others, officiating promotion may, at the discretion of the sanctioning authority, be confined to the office where the vacancy occurs. (b) In the case of vacancies of more than one month's duration but not more than four month's duration, officiating arrangements may be confined to the officials in the office, sub-division or division where the vacancy occurs. (Rule 50 of P&T Manual Vol. IV)
2. Officiating arrangement in short term vacancies in the Department of Posts (1). Duration of short term vacancies for which officiating arrangements may be made: For the purpose of officiating arrangements in short term vacancies, vacancies have been divided into three categories: i.e.
(1) Vacancies of less than 14 day's duration.
(2) Vacancies of not less than 14 day's duration; and
(3) Vacancies of more than 30 days duration. Standing instructions regarding filling in of vacancies of all these three types are reproduced below:
(1) Vacancies of less than 14 day's duration:- Casual leave vacancies caused by absence of officials on account of illness or urgent private affairs occurring in Postmen and Group 'D' cadres in offices in which the number of Postmen, V.P.M. and Group D staff taken together does not exceed four may be filled in by appointing paid substitutes in their place irrespective of the duration of vacancies. (The condition that the total staff strength of Postmen, V.P.M. and Group 'D' in the office shall not exceed four may be relaxed by the Head of the Circle in individual cases in which it is found impossible to distribute the work of those granted leave among the staff present on duty). The amount to be paid to the substitute must not exceed the minimum of time scale of pay plus DA and other allowances. Claims for payment to the substitutes will be sanctioned by the concerned appointing authorities. (Appendix of P & T Man. Vol. IV)
(2). Vacancies of not less than 14 day's duration Officiating arrangements may be made if the vacancies are of at least 14 days duration or more subject to the following conditions:-
(I) The nature of state of work of the officer whom it is proposed to appoint should be such as would not admit of a combination of posts and the officer should be competent to perform full duties of the vacant post; or when the nature or state of work in the vacant post itself is such as cannot be managed without a full time substitute.
(II) In cadres which have leave reserve included in them, vacancies will be filled up without involving any extra officiating appointments.
(3). Vacancies of more than 30 day's duration:- Short term officiating vacancies in the cadres and of nature other than those indicated against sub-headings
(1) and (2) above may be filled in only in cases where the duration of the vacancy exceeds 30 days. The limit will apply irrespective of whether it is a single vacancy or part of a chain of vacancies, i.e. the part in a chain of vacancies should itself be more than 30 days, if the vacancy is to be filled. In the other posts / cadres, officiating promotions in vacancies of 30 day's duration or less could be made only in very exceptional circumstances with the prior approval of the competent authority. (DG (P&T) No. 33/7/74-SPB-II dated 16.08.1975) (Appendix 6 of P&T Man Vol. IV)
3. Selection grade - officiating arrangements I am directed to invite a reference to this office letters No./43/62-NCG dated 9th December, 1963 and 81/21/67-NCG dated the 21st October, 1967 as modified vide letter No. 81/28/67-NCG dated the 28th June, 1968 regarding the appointments to S.G. posts. These instructions were reiterated in this office letter No.5/18/67-NCG dated 31.12.1970. 2. Subsequent to issue of letter dated 31st December, 1970, referred to in Para 1 above certain doubts had been expressed whether officiating arrangements could be made in S.G. against posts which are kept reserve for the seniors to complete 10 years of eligible service limit.
3. This has been carefully considered and I am directed to invite your attention to the instructions contained in Para 4 of this office letter No. 1/43/62-NCG dated the 9th December, 1963 which is reproduced below for ready reference: "Officiating appointments in the Selection Grade may also be made in the place of officials officiating in higher posts, subject to the provisions contained in office Memo No. F. 2 (33) -EST. III/63 dated the 3rd October, 1963 from the Ministry of Finance a copy of which has been circulated to all Heads of Circles, etc. under this office letter No. 35/8/63-SPB.II dated 20.11.1963".
2 It will be seen from the above that the officiating arrangements in Selection Grade are permissible only in place of officials who are officiating in higher posts. It is as such clarified that there is no provision under which officiating arrangements can be made to fill up as a stop gap arrangement the posts which have been reserved for senior officials who have not completed the requisite prescribed length of service. If such arrangements have been made in Circle/Unit, they are not in conformity with the spirit of the orders referred to above and should be discontinued forthwith. Past cases need not be re-opened.
4. Another doubt that has been referred to is about promotion of Rule 38 transferees to selection grades. The Rule 38 transferees accept the lowest position in the Circle/Unit of their choice and as such they will get their chance for promotion in their turn as per their position in the gradation lists of the Circle/Unit concerned. No Preference can be shown to them on the plea that they have to their credit the prescribed service limit whereas their seniors do not have. (DG (P&T) No. 5/7/72-NCG dated 20.01.1973)
4. Officiating arrangements in HSG II and HSG I Vacancies in HSG II and HSG I are filled up both from among IPO line and General line officials. Once a circle posting is ordered the post is vacated as earmarked for the IPO line or the General line depending on the line of the official who is posted. Cases occur from time to time wherein due to delay, the official posted on Circle basis, joining the post or the incumbent proceeding on leave, local officiating arrangements are made by divisional offices.
2. It has been clarified by the Directorate that such officiating arrangements should be made in HSG II or HSG I posts only from among officials of the concerned line with reference to the vacant post. In case, an ASP is not in a position to officiate in HSG I vacancy belonging to the IPO line, then a HSG II of the IPO line may be shown as temporarily promoted to the cadre of ASP and posted to work in the HSG I vacancy.
3. If in a particular division, the HSG I is in General line and there is no General line official in HSG II, the senior most LSG official may be temporarily promoted to HSG I and posted to look after the work of the HSG I Posts. A vacancy in HSG I Post falling to the share of General line official cannot be filled up by the ASP line and IPO line official. A LSG General Line official cannot also be straight away promoted to HSG I even in an officiating capacity in short term arrangements (Chief PMG, T.N. No. STA/2-3/74-II dated 28.10.1975)
5. Approval of officiating arrangements continuing for more than one year It is observed that most of the circles are indulging in allowing continuation of adhoc arrangement beyond the prescribed period. References are being received from many circles seeking ex post facto approval of ad hoc appointments/promotions continued for more than one year which is contrary to instructions of the Government. I am directed to state that post facto approval of such ad hoc arrangements done in violation of the rules of the Government cannot be agreed to. DOPT does not approve such references. It is therefore, requested to kindly ensure strict compliance of the existing instructions and do not continue ad-hoc arrangements beyond one year. No request for ex post facto approval will be entertained in future. (DG (P) No. 4-4/2004-SPB.II dated 04.04.2004)
6. Appointment of drivers on daily wage basis and their subsequent absorption Instances have come to the notice of this office, where at the time of regular appointment of Drivers working on daily wage basis, the upper age limit is being relaxed in certain cadres to the extent of period spent as casual driver from the actual age as is done in regard to absorption of casual labourers on their absorption in Group 'D'. 2. The question whether persons appointed on daily wage basis as drivers are eligible to age concession to the extent of service put in by them for regular appointment as drivers, has been further examined in consultation with Department of Personnel and Administrative Reforms. It is clarified that the said instruction regarding deduction of the service rendered on daily wage basis as driver for determining upper age limit as applicable to casual workers for absorption to Group 'D' are not relevant as the posts of drivers are in Group 'C'. It may be ensured that persons should not be engaged on daily wage basis as Driver for work of regular nature. 3. These instructions may be brought to the notice of all concerned for compliance (DG (P) No. 37/24/83-SPB-I) dated 11.12.1994)
7. PAS/OAS officiating as steno Who are officiating with working knowledge as Steno is eligible only for special pay of Rs.20/- p.m. PAs/OAs with qualification in the exam of technical educations may be paid cadre pay of steno. (DG (P&T) No. 7-59/73-PE-I dated 20.08.1973)
8. Filling up of local, short or long term vacancies in IPOs/IRMs cadres but unapproved candidates on adhoc basis: Para 3 : "Where arrangements are made against vacant posts of IRM/IPOs on adhoc basis for less than 45 days the upper age limit of 40 years will be adhered to; but where it exceeded 45 days it would be necessary for the Divisional Supdt. To consider whether the vacancy falls in the share of the officials belonging to SC and ST communities as per roster point which is applicable even for adhoc arrangements against vacancies of 45 days duration. If the vacancy falls to the share of other community officials, up to the age of 40 years including those belonging to SC/ST Community only will be considered, if however the vacancy falls in the share of SC/ST community officials belonging to these communities up to the age of 45 years may be considered for adhoc arrangements on the basis of their seniority in view of the fact that officials belonging to those communities are eligible to appear in the IPO/IRM examination up to the age of 45 years. (DG (P) No. 7-3/83-SPB II dated 10-12-84) 3
9. Officiating arrangements in leave vacancies "I am directed to state that a question has been raised as to whether officiating arrangements are permissible when the leave vacancies are of less than 14 days at initial stage and if extended to 14 days or more subsequently. The matter has been examined in this office and it has been decided that officiating arrangements can be made for the period of 14 days and also in cases where spells of leave vacancy shorter than 14 days (initially) added together without any interruption continues beyond 14 days. These instructions are applicable only in operative offices of RMS & Post Offices where officiating arrangements are permissible for vacancies of 14 days or more. (DG (P) No. 9-25/82-SPG/SPB II dated 29.05.1986)
10. Officiating arrangement in leave vacancies I am directed to refer to this office letter No. 6-6/88 SPB-II dated 5-5-1988 wherein the orders were issued on the subject noted above. In the above order dated 5-5-1988, it was mentioned that short term vacancies caused by regular incumbents proceeding on leave for 45 days or more may be filled up by officials available on approved panel. There being many operative offices in the Department of Posts, hardships were faced in keeping the vacant posts unfilled up to 45 days. Therefore the matter was taken up with the Department of Personnel and Training and Ministry of Finance for relaxing the condition of 45 days mentioned in the DOP, O.M. No. 28036/8/87-Estt. (D) dated 30-3-88 mentioned above and it has since been agreed that officiating arrangement can be made in leave vacancies of less than 45 days in operative cadres only where the post cannot be kept vacant without adversely effecting service to the public. No officiating arrangement should be made in vacancy of less than 14 days duration except in a few categories of staff such as Overseers Mail overseers, Head Postman, Stg. Postman, Village Postman, Mail guards UDC in Savings Bank control organization and Internal checking organization officers, where such officiating arrangement can be made even in vacancy of less than 14 days subject to the provision in rule 100(b) of P&T Manual Vol. IV. This may be brought to the notice of all concerned. (D.G (P) No. 44-19/87-SPB-I dated 25.07.1990) 11. Making local arrangement in the LSG/HSG II/HSG I Posts – reg.
This is regarding making local arrangement in the regular/leave vacancies in LSG, HSG II & HSG I posts.
2. In this regard, I am directed to intimate that the competent authority has issued the following instructions/guidelines to make local arrangement to manage the regular/leave vacancies in the LSG/HSG-II & HSG-I cadre.
(i) The short term vacancies will continue to be filled up in accordance with Rule 50 of P&T Manual Vol IV Part I.
(ii) For the regular/leave vacancies in LSG cadre, local arrangements may be made by the competent authorities concerned in the Postal Divisions/Units with regularly appointed PAs granted with financial upgradation under MACP-I (in the pre revised Pay Band I of Rs.5200-20200 with Grade pay of Rs.2800) and above.
(iii) For the regular/leave vacancies in HSG II cadre, regularly appointed PAs granted with financial upgradation under MACP II (in the pre-revised Pay Band 2 of Rs.9300-34800 with Grade pay of Rs.4200) and above may be considered. (iv) Likewise for the regular/leave vacancies in HSG I cadre, regularly appointed PAs granted with financial upgradation under MACP III (in the pre revised Pay Band 2 of Rs.9300-34800 with Grade pay of Rs.4600) may be considered.
3. The service rendered in the respective cadres under local arrangements will not bestow upon them any claim for regular appointment in the cadres and thus the services rendered in the said cadres will not count for the purpose of seniority in the cadres for eligibility of promotion, etc.
4. The other general conditions viz. seniority, fitness and no vigilance/disciplinary case is pending against the officials remain unchanged. (CPMG (TN), DOP No. STA/2-81/2017 dated 16.02.2017)
II. ADHOC APPOINTMENT
12. Adhoc appointment - revision of instructions The undersigned is directed to say that instructions have been issued from time to time by the Department of Personnel & Training requesting all Ministries/Departments to fill all posts only in accordance with the prescribed procedure and Recruitment Rules on a regular basis. Consequently, Ministries/Departments are required to ensure that all appointments made on an ad-hoc basis are limited to posts which cannot be kept vacant until regular candidates become available. However, it has been noted that appointments continue to be made on an ad-hoc basis and proposals are being received in this Department for regularization of these appointments on the grounds that the persons concerned have been working against these posts for a long time. This has led to instances where Courts and Tribunals have directed the Government to fix seniority after taking into consideration the period of service rendered on an ad-hoc basis. This unintended benefit of ad-hoc services has, therefore, been bestowed to a number of persons whose ad-hoc promotions have been made on the basis of seniority-cum-fitness, even though the Recruitment Rules for the post may have prescribed promotion by selection.
2. In view of the position explained above, it has been decided that the Ministries/Departments may not make any appointment on an ad-hoc basis including appointments by direct recruitment, promotion, transfers on deputation etc. The procedure to be followed in circumstances when ad-hoc appointments are presently frequently being resorted to is explained below:
(I) Absence of Recruitment rules Ad-hoc appointments are frequently resorted to on the grounds that Recruitment Rules for the post are in the process of being framed. In this Departments O.M. No.39021/5/83-Estt (B) dated 9th July 1985, all Ministries/Departments have been advised that if there are overriding compulsions for filling any Group 'A' or Group 'B' posts in the absence of Recruitment Rules, then they may make a reference to the Union Public Service Commission (UPSC) for deciding the mode of Recruitment to that post. Further 4 action to fill that post may be taken according to the advice tendered by the UPSC. All such appointments will be treated as regular appointments. In the case of Group C and D posts which are outside the purview of UPSC, Powers to frame Recruitment Rules without consulting the Department of Personnel & Training, have already been delegated to the Administrative Ministries vide this Departments O.M. No. CD-14017/10/85-Estt. (RR) dated 21st March, 1985. Therefore, no appointment may be made to any post on an ad-hoc basis on the ground that no Recruitment Rules exist for the same.
II) Revision on recruitment rules Ad-hoc appointments are also frequently resorted to on the ground that proposals are under consideration to amend the existing Recruitment Rules. The legal position in this regard is that posts are to be filled as per eligibility conditions prescribed in the rules in force at the time of occurrence of the vacancies unless the amended Recruitment Rules are brought into force with retrospective effect. In fact, the practice has been to give effect to amendments in the Recruitment rules only prospectively, except in rare cases. Hence regular appointment/promotions may be made in all such cases in accordance with the Recruitment Rules in force at the time when the vacancy arises. No ad-hoc appointments/promotions may be made on the grounds that the Recruitment Rules are being revised or amended.
(III) Revision of seniority list Another reason for making ad-hoc arrangements and delaying regular promotions is that the seniority position of the officer holding the post in the feeder grade is disputed. In all such cases regular DPCs may be held based on the existing seniority list. In case such disputes are pending before a Court/Tribunal, unless there is an injunction/stay order against making regular promotions, the appointing authority may convene the DPC and make promotions on the basis of the existing seniority list. However, while issuing the orders in such cases it should be stipulated that these promotions are provisional and subject to the final decision of the Court/Tribunal. Subsequently, when the directions of the Court/Tribunal become available, a Review DPC may be held and the necessary adjustments made in the promotions of officers based upon the revised seniority list. In case any of the officers provisionally promoted do not figure in the list approved by the Review DPC, they may be reverted to the posts held by them earlier.
(IV) Shortage in direct recruitment quota Ad-hoc appointments are also made on the consideration that adequate number of qualified candidates are not available for filling the vacancies through the direct recruitment quota prescribed in the Recruitment Rules. In some cases, even though, the required numbers of candidates are recommended by the Union Public Service commission/Staff Selection Commission, some of them do not join or they join only to resign thereafter. According to the instructions contained in this Department's O.M. No.24012/34/80-Estt (B) dated 29th February 1981, while notifying vacancies to recruiting agencies, especially the SSC, the appointing authority is expected to compute the total number of vacancies taking into consideration the likely vacancies during the period beginning from the date of announcement of the examination in question up to the date of announcement of the subsequent examination so that the total number of posts to be kept vacant may be very few. Inspite of this, if some vacancies still remain unfilled the following measures may be adopted: -
(a) Wherever feasible, the posts may be allowed to remain vacant until qualified candidates become available at the next examination.
(b) Wherever the Recruitment Rules for the post provide alternatives methods of recruitment i.e. not only by the direct method but also by transfer on deputation, efforts may be made to fill those vacancies which cannot be held over (until candidates of the next examination become available),by the alternative methods, i.e. by transfer on deputation etc. (c) However, in cases where direct recruitment is the only method provided in the Recruitment Rules, Ministries/ Departments have been advised vide O.M. No.14017/8/84-Estt. (RR) dated 19th June, 1986, that the Rule may be amended to provide for transfer on deputation as an alternative method to fill short-term vacancies in the direct recruitment quota. In case the rules have not been amended, the Ministries/Departments may take steps to do so immediately so that the shortage of qualified candidates against the DR quota, may be met by filling the vacancies through transfer on deputation for short periods
(V) Whenever short-term vacancies are caused by the regular incumbents proceeding on leave for 45 days or more, study leave, deputation etc. of less than one year duration, they may be filled by officers available on an approved panel. Such a panel may be maintained taking into account not only the actual but also the vacancies anticipated over a period of 12 months in accordance with the existing instructions of holding DPCs. Wherever an officer is not available on an approved panel, the post may be kept vacant, as far as possible. 3. If the prescribed instructions and procedures are strictly adhered to it may be seen that there will be very few cases where appointments need to be made on an ad-hoc basis. Such Circumstances may be -
(i) Where there is an injunction by a Court/Tribunal directing that the post may not be filled on a regular basis and if the final judgment of the Court/Tribunal is not expected early and the post also cannot be kept vacant.
(ii) Where the DR quota has not been filled and the RRs also do not provide for filling it up on transfer or deputation temporarily and the post cannot also be kept vacant.
(iii) In short terms vacancies due to regular incumbents being on leave/deputation etc and where the posts cannot be filled as per Para 2(v) and cannot also be kept vacant.
4. In such exceptional circumstances, ad-hoc appointments may be resorted to subject to the following conditions: -
(i) The total period for which the appointment/promotion may be made on an ad-hoc basis will be limited to one year only. The practice of giving a break periodically and appointing the same person on an ad-hoc basis may not be permitted. In case there are compulsions for extending any ad-hoc appointment/promotion beyond one year, the approval of the Department of personnel and Training may be sought at least two months in advance before the expiry of the one year period. If the approval of the Department of Personnel & Training to the continuance of the ad-hoc arrangements beyond one year is not received before the expiry of the one year period for the adhoc appointment/promotion shall automatically cease on the expiry of the one year term. 5
(ii) If the appointment proposed to be made on an adhoc basis involved the approval of the Appointments Committee of the Cabinet, this may be obtained prior to the appointment/promotion being actually made. (iii) Where adhoc appointment is by promotion of the officer in the feeder grade, it may be done on the basis of seniority cumfitness basis even where promotion is by selection method as under: -
(a) Adhoc promotions may be made only after proper screening by the appointing authority of the records of the officer.
(b) Only those officers who fulfill the eligibility conditions prescribed in the recruitment rules should be considered for adhoc appointment. If, however, there are no eligible officer necessary relaxation should be obtained from the competent authority in exceptional circumstances.
(c) The claims of Scheduled Castes and Scheduled Tribes in adhoc promotions shall be considered in accordance with the guidelines contained in the Department of Personnel & A.R Office Memorandum No.36011/14/83-Estt. (SCT) dated 30.04.1983 and 30.09.1983. (iv) Where adhoc appointment by direct recruitment (which as explained above should be very rare) is being done as a last resort it should be ensured that the persons appointed are those nominated by the employment exchange concerned and they also fulfill the stipulations as to the educational qualifications/experience and the upper age limit prescribed in the Recruitment Rules. Where the normal procedure for recruitment to a post through the employment exchange only, there is no justification for resorting to adhoc appointment.
(v) Where the appointing authority is not the Authorities competent to approve adhoc appointments may be decided by the Administrative Ministries themselves. The competent authority so authorized by the Ministry should be one level higher than the appointing authority prescribed for that post. 5. Adhoc promotions with respect to officers whose cases are kept in a sealed cover in accordance with OM No. 22011/2/86- Estt. (A), dated 12.1.1988 will however continue to be governed by these special instructions. Similarly adhoc promotions of officers belonging to the Central Secretariat Service (CSS) to posts of under Secretary/Deputy Secretary under the Central Staffing Scheme will continue to be regulated by special instructions contained in O.M. No.31/16/82-EO (MM) dated 28.09.1983.
6. All adhoc appointments including adhoc promotions shall be reviewed on the basis of the above guidelines. In exceptional circumstances wherever such appointments are required to be continued beyond the present term the decision thereon may be taken by the authority prescribed in Para (4) (v). However it may be noted that the continuance of such adhoc appointments including adhoc promotions will be subject to the overall restriction of one year from the date of issue of these instructions.
7. All Ministries/Departments are requested to take action in accordance with the above mentioned instructions in respect of both Secretariats as well as non-Secretariat offices under them. (DOPT OM No.28036/8/87-Estt. (D) dated 30.03.1988) 13. Grant of Officiating Pay and Allowance to Selection Grade officials 1. I am directed to say that the matter regarding grant of officiating pay to Selection Grade officials who held the Selection Grade posts on officiating basis has been under consideration in consultation with Estt. Branch of the Department.
2. As regards filling up the posts of short term vacancies, it has b
een laid down in the Department of Personnel & Training vide their O.M. 28036/8/87-Estt.(D), dated 30.03.1988 and O.M. No. AB. 14017/54/2003-Estt (RR), dated 4.12.2003 circulated vide this Department's letter No. 137-2/2004-SPB.II dated 13th January, 2004 and No. 137-99/2009-SPB.II dated 23.12.2009 that those employees in the feeder grade who fulfill the eligibility conditions prescribed in the Recruitment Rules should be considered for adhoc promotion. 3. Rule 27 of Postal Manual Vol.IV provides that for officiating appointments, once the list of approved officers are prepared by the Departmental Promotion Committee and finally approved by the Government or the appointing authority, no departure from the order in the list should ordinarily be made, provided that when administrative exigencies require it, a person not in the list or not the first in order in the list, may be appointed for a period not exceeding three months.4. Rule 50 of Postal Manual Vol.IV provides for officiating arrangement for filling up of vacancies of short duration/ i.e. not more than one month's duration and more than four month's duration in the cadres in which promotion is made from officials working in different stations, sub-divisions or divisions in a Circle and in the cadres in which promotion is made from officials working in the same office or station. In the case of vacancies of not more than one month's duration in a Division, officiating arrangement may be confined to the officials at the station where the vacancy occurs even if this involves the supersession of a senior qualified official by a junior official who is actually appointed to act. In the case of a station where there are more offices than one each independent of the others, the officiating promotion may, at the discretion of the sanctioning authority, be confined to the office where the vacancy occurs. In the case of vacancies of more than one month but not exceeding four months duration, officiating arrangement may be confined to the officials in the office, such division or sub division where the vacancy occurs on the same conditions as in the case of the preceding clause.
5. Rule 50 also stated that in special circumstances in which strict adherence to the above procedure may not be practicable or desirable from the administrative point of view, the sanctioning authority may at his discretion make arrangement as per administrative requirements.
6. In view of the above position, officiating arrangements may be made in accordance with Rule 27 or 50 of Postal Manual Vol. IV or as per the instructions of DoP&T and Ministry of Finance, as the case may be. Such an official who fulfill the criteria laid down in the Recruitment Rules prescribed for such post and is thus eligible to be appointed to higher post is posted to officiate against the norm based supervisory post in LSG, HSG.II & HSG.I cadre on a whole time basis should be remunerated by allowing the pay and allowances in the pay scale/pay band + grade pay attached to the higher posts, for the period the official continues to officiate in it, 6 provided the provisions of FR-35 are not invoked by the appointing authority, which is normally done in case of ineligible officials being appointed to the higher posts in exigency of service.
7. Fundamental Rule (FR)-49 provided for the appointment of a Government servant already holding a post in a substantive or officiating capacity to officiate, as a temporary measure in one or more of their independent posts at one time and admissibility of pay for holding such post. Appointment under FR 49 normally does not arise in case of operative offices in the Department of Posts such as Post Offices and Mail Offices in respect of Gr. C posts. However, if there are any isolated case and /or exception is there, the provisions contained in FR-49 may be invoked. In such cases, when a Postal Assistant (not granted financial upgradation under TBOP) being eligible is appointed to officiate for whole time in a norm based LSG (SPM/APM) etc) post which is in the line of promotion in addition to his duties in PA/SA posts, he may be allowed the pay attached to the norm based LSG post without any additional pay/allowance for performing the duties of lower posts of PA/SA. If the Government servant is directed to hold a dual charge of two posts in the same cadre carrying identical scales of pay, no additional pay is admissible except special pay, if any, attached to the additional post. 8. No additional pay and/ or special pay/ allowance are admissible for holding current charge of the routine duties of another post. 9. Keeping in view the above, it has been decided with the approval of competent authority that in case a Postal Assistant (PA) or Sorting Assistant (SA) as the case may be (who was not granted financial upgradation under TBOP or BCR scheme) was appointed to officiate/ hold full charge of a norm based supervisory Lower Selection Grade (LSG) post in accordance with the Rules 27 or 50 , he/she may be allowed the pay and allowance attached to the higher post subject to the satisfaction of all other relevant conditions. Similarly, in case of an official holding the LSG or HSG.II norm based post on a regular basis was appointed to officiate/ hold full charge of a norm based higher/ supervisory Higher Selection Grade-II (HSG.II) or Higher Selection Grade-I (HSG.I) post, respectively, in accordance with Rule 27 or 50 he/she may also be allowed the pay and allowances attached to the higher post. 10. Further as regard past cases in the case of a PA/SA granted financial upgradation under TBOP scheme appointed to officiate/hold full charge of a supervisory norm based LSG, as per Rule 27 or 50, he/she was entitled to draw pay and allowance permissible under TBOP scheme which happened to be in the pay scale of LSG post. Similarly, if an regular LSG official granted financial upgradation under BCR scheme was appointed to officiate/hold full charge of supervisory norm based HSG.II post, as per Rules 27 or 50, he/she was entitled to draw pay and allowance permissible under BCR scheme which happened to be in the pay scale of HSG.II post. In case, a regularly appointed HSG.II official was appointed to officiate/ hold full charge of supervisory norm based HSG.I post, as per Rules 27 or 50, he/she was entitled to draw pay and allowance attached to the post of HSG-I
11. The TBOP/BCR schemes have since been abolished w.e.f. 1.9.2008 on introduction of MACP scheme. The scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in the CCS (Revised Pay) Rules, 2008 counted from the direct entry grade on completion of 10, 20 and 30 years service respectively and is admissible whenever a person has spent 10 years continuously in the same grade pay. Thus, the grade pay at the time of financial upgradation under the MACP scheme, in certain cases where regular promotion is not between two successive grades, may be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre will be given only at the time of regular promotion.
12. In view of the position mentioned in the above paragraph, in case, a regularly appointed PA/SA granted financial upgradation under MACP-I is appointed as per Rule 27 or 50 to officiate/ hold full charge of norm based LSG post, he/she will be entitled to draw pay and allowance attached to the post of LSG as both MACP-1 and LSG carry the same grade pay of Rs. 2800/-. However, if such PA/SA granted MACP-II or MACP-III is appointed to norm based LSG post, he/she will be he/she will be entitled to draw pay and allowance attached to MACP-II or MACP-III as the case may be subject to the satisfaction of all other/relevant terms and conditions. 13. Similarly, in case of an official holding the norm based LSG post on a regular basis who is in receipt of MACP-II or MACP-III , as the case may be is appointed to officiate/hold full charge of supervisory HSG.II post, in accordance with Rule 27 or 50, he/she would be entitled to continue to draw the pay and grade pay etc. attached to MACP-II or MACP-III as the case may be subject to the satisfaction of all other/relevant terms and conditions. 14. In case, an official holding the norm based HSG.II post on a regular basis was already in receipt of MACP-II is appointed to officiate/hold full charge of a norm based supervisory HSG.I post, in accordance with Rule 27 or 50, he/she would be entitled to continue to draw the pay and grade, etc. pay attached to HSG.I post subject to the satisfaction of all other/ relevant terms and conditions. If such HSG.II official who in receipt of MACP-III is appointed to officiate/hold full charge of a norm based supervisory HSG.I post, in accordance with Rule 27 or 50, he/she would be entitled to continue to draw the pay and grade etc pay attached to HSG.I post subject to the satisfaction of all other/ relevant terms and conditions. The above illustration is given in case of PAs /SAs who are appointed / recruited as Direct Recruits. There could be cases where Multi tasking Staff (MTS) or Postman / Mail guards who have reached the level of PA/SA by promotion are detailed to officiate on the higher post as mentioned above. In such cases also, care may be taken to fix their officiating pay under Rule 27 or 50 after taking into account the upgradation under MACP and /or promotion granted to them. The past cases, if any, may also be regulated accordingly. (DG (P) No. 137-64/2010-SPB.II dated 28.07.2011)
14. 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. 7
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. Other reasons for resorting to ad-hoc arrangements are absence/revision of Recruitment Rules, disputed Seniority Lists etc. With regard to tackling the problem of absence of RRs, it may be pointed out that the OM No. AB 14017/79/2006-Estt. (RR) dated 6 th September, 2007 provides that where no Recruitment Rules exist or where the existing Recruitment Rules are repealed as per the prescribed procedure, the option of approaching the UPSC for one time method would be available. These instructions further provide that it will not be feasible or advisable for the UPSC to suggest one time method of recruitment in cases where Recruitment Rules exist even if they are perceived as unworkable. In such situations, the administrative Ministries/Departments will have to process necessary amendments required in the Recruitment Rules and, thereafter, initiate the recruitment process.
4. Ad-hoc appointments/promotions should be made only in rare cases and for exigencies of work, where the post cannot be kept vacant until regular candidate becomes available. Persons appointed on ad-hoc basis to a grade are to be replaced by persons approved for regular appointment by direct recruitment, promotion or deputation, as the case may be, at the earliest opportunity. As already provided in this Department's O.M. No.28036/1/2001- Estt.(D) dated 23.07.2001, no appointment shall be made on adhoc basis by direct recruitment from open market. Where the vacant post cannot be kept vacant for functional considerations, efforts are required to be made to entrust the additional charge of the post to a serving officer under provisions of FR-49, failing which only appointment by ad-hoc promotion/ad-hoc deputation is to be considered in terms of provisions of this Department's O.M. No.28036/8/87-Estt.(D) dated 30.03.1988.
5. As already provided in this Department's O.M. No.22011/3/75-Estt.(D) dated 29th October, 1975, and reiterated in O.M. No.28036/8/87-Estt.(D) dated 30.03.1988 and O.M. No.28036/1/2001-Estt.(D) dated 23.07.2001, an ad-hoc appointment does not bestow on the person a claim for regular appointment and the service rendered on ad-hoc basis in the grade concerned also does not count for the purpose of seniority in that grade and for eligibility for promotion to the next higher grade. As per existing provisions, these facts are to be clearly spelt out in the orders of the ad-hoc promotions/ ad-hoc appointments. Therefore, such adhoc arrangements are neither in the interest of the individuals nor the organizations concerned. It is, thus, not appropriate to resort to ad-hoc arrangements in a routine manner.
6. As per existing instructions vide O.M. No.28036/8/87-Estt.(D) dated 30.03.1988 and O.M. No.28036/1/2001-Estt.(D) dated 23.07.2001, the total period for which the appointment/ promotion may be made, on an ad-hoc basis, keeping in view the exceptionalities anticipated in these OMs, by the respective Ministries/ Departments, is limited to one year only. These instructions further provide that in case of compulsions for extending any ad- hoc appointment/promotion beyond one year, the approval of the Department of Personnel and Training is to be sought at least two months in advance before the expiry of the one year period. Also, if the approval of the Department of Personnel & Training to the continuance of the ad-hoc arrangement beyond one year is not received before the expiry of the one year period, the ad-hoc appointment/promotion shall automatically cease on the expiry of the one year term. Notwithstanding these provisions, instances have come to notice of this Department where Ministries/ Departments have continued ad-hoc arrangements beyond one year without express approval of this Department, and later on, approached this Department to seek ex-post facto approval for continuation of such arrangements. It is reiterated that continuation of any ad-hoc arrangement beyond one year and release of pay and allowances for the same, without express approval of this Department is not in order.
7. This Department vide O.M. No.39036/02/2007- Estt.(B) dated 14.11.2008, has requested all the Ministries/ Departments to comply with the regulation-4 of the UPSC (Exemption from Consultation) Regulations, 1958, which provide that if a temporary or officiating arrangement made by ad-hoc appointment to a post falling within the purview of UPSC is likely to continue for a period of more than one year from the date of appointment, the Commission shall immediately be consulted in regard to filling up of the post. For this purpose, the Ministries/Departments are required to furnish monthly and six-monthly returns to the Commission showing all such Group 'A' and B' Gazetted appointments and promotions made without reference to the Commission, as emphasized in this Department's OM No. 39021/1/94-Estt.(B) dated 22.07.1994. These instructions are again reiterated and all the Ministries/Departments are requested to ensure that requisite returns are furnished to the Union Public Service Commission as per the time schedule prescribed so as to effectively monitor the ad-hoc appointments being resorted to by various Ministries/Departments without consulting the UPSC.
8. All the administrative Ministries/Departments are requested to review the ad-hoc appointments/promotions made by them, from time to time, and at least once a year, on the basis of the guidelines and instructions in force, so as to bring down the instances of such ad-hoc manpower arrangements to the barest minimum, in respect of both Secretariat as well as non-Secretariat offices under them. (DOPT OM No.28036/1/2012-Estt (D) dated 03.04.2013) 15. Determining eligibility of employees for promotion on adhoc basis Detailed instructions on the subject of making appointments on ad-hoc basis were circulated vide this Department's OM No. 28036/8/87-Estt. (D) dated 30.03.1988. Further, instructions relating to procedure to be observed by Departmental Promotion Committees regarding model calendar for DPCs were circulated vide this Department's OM No. 22011/9/98-Estt (D) dated 08.09.1998. These instructions, inter-alia, prescribed January 1 as the sole crucial date for determining eligibility of candidates to be considered for promotion during the panel year, whether the panel year began on January 1 (calendar year), or April 1 (financial year) immediately following January 1. 8 This Department has been receiving references from some Ministries/Departments seeking clarification whether the crucial date of eligibility, as prescribed vide the aforementioned OM dated 08.09.1998 is also to be applied while considering ad-hoc promotions. In this connection, it is clarified that this Department's OM No. 28036/8/87-Estt. (D) dated 30.03.1988 enjoins upon all Ministries/Departments to ensure that all appointments made on ad-hoc basis are limited to posts which cannot be kept vacant until regular candidates become available. In other words, ad-hoc appointments are more in the nature of exception. Further, paragraph 4 (iii) of the aforementioned OM dated 30.3.88 stipulates that where an ad-hoc appointment is made by the promotion of the officer in the feeder grade, only those employees in the feeder grade who fulfill the eligibility conditions prescribed in the Recruitment Rules should be considered for such ad-hoc appointment. In the case of regular promotions, eligibility service, as prescribed in the Recruitment Rules, is determined with reference to the crucial date of eligibility as per this Department's OM No.22011/9/98-Estt. (D) dated 08.09.1998.
Hence for considering ad-hoc promotions too, the crucial date of eligibility would be the same as for regular promotions i.e. January 1. All Ministries/Departments are requested to take note of the above clarifications for wide circulation and strict compliance in their Attached/Subordinate Offices etc. (DOPT OM No.AB.14017/54/2003-EStt. (RR) dated 04.12.2003) 16. Ad-hoc appointment/promotion - reg I am directed to say that as per Government of India's instructions the adhoc appointments/ promotions are to be made only in unavoidable/exceptional circumstances. Adhoc arrangements should not continue indefinitely and action has to be taken to fill up the vacancies on regular basis. While Departmental Promotion Committee (DPC) should invariably be held regularly, before DPC meet, all existing and anticipated vacancies during the year should be taken into account so that adhoc arrangements are kept to the barest minimum. The instructions in this regard have been issued by Department of Personnel & Trainings (DOPT) from time to time. 2. In brief the instructions contained in Department of Personnel & Trainings (DOPT) O.M. No. 28036/8/87-Estt. (D), dated 30.03.1988 and O.M. No. AB 14017/54/2003-Estt (RR), dated 4.12.2003 circulated vide this Department's letter No. 6-6/88-SPB-II dated 5.5.1988 and No. 137-2/2004-SPB.II, Dated 13/14th January, 2004 respectively and in DOPT O.M. 28036/10/2007-Estt. (D), dated 14.11.2007 (copies enclosed) are as under: (i) The DOPT O.M. No. 28036/8/87-Estt. (D), dated 30.3.1988 provides that adhoc appointment/promotion may be resorted to in exceptional circumstances subject to certain conditions mentioned therein.
(ii) The total period for which the appointment/ promotion may be made, on an adhoc basis, will be limited to one year only.
(iii) The practice of giving a break periodically and appointing the same person on an adhoc basis may not be permitted.
(iv) In case there are compulsions for extending any adhoc appointment /promotion beyond one year, the approval of the DOPT is required to be sought at least two months in advance before the expiry of the one year period. If the approval of the DOPT to the continuance of the adhoc arrangements beyond one year is not received before the expiry of the one year period of the adhoc appointment/promotion shall automatically cease on the expiry of the one year term. (v) Adhoc promotions may be made on the basis of seniority-cum-fitness basis even where promotion is by selection method. Only those employees in the feeder grade who fulfill the eligibility conditions prescribed in the feeder grade who fulfill the eligibility conditions prescribed in the Recruitment Rules should be considered for ad-hoc promotion. (vi) Permission to make adhoc appointment should be granted by the authority one level higher than the appointing authority for that post.
(vii) The DOPT OM. No. AB 14017/54/2003-Estt (RR), dated 4.12.2003 provides that for consideration of ad-hoc promotions, the crucial date of eligibility would be the same as for regular promotions i.e. January 1.
(viii) DOPT O.M. No. 28001/8/2007 -Estt.(D), dated 14.11.2007 provides for delegating powers to the concerned Ministry/Department for appointing the officials to Gr. C and Gr. D posts on adhoc basis up to a period of 3 (three) years. Further extension of one year at a time up to two years can be granted with the approval of the Secretary concerned. (ix) Claims of Scheduled Castes and Scheduled Tribes in adhoc promotions shall be considered in accordance with the guidelines contained in the DOPT's O.M. No. 36011/14/83-Estt. (SCT), dated 30.04.1983. 3. It is requested that instructions issued by DOPT from time to time should be followed scrupulously while considering the case of adhoc appointment/promotion. These instructions may also be brought to the notice of all subordinate units. (DG (P) No. 137-99/2009-SPB-II dated 23.12.2009) 17. Restriction on regularization of ad-hoc appointment –regarding.
1. The undersigned is directed to say that as per the Department of Personnel and Administrative Reforms O.M. No.22011/3/75- Estt(D)dated October 29,1975 and the Department of Personnel and Training O.M.NO.28036/8/87-Estt(D)dated March 30,1988,persons appointed on ad-hoc basis to a grade are to be replaced by persons approved for regular appointment by direct recruitment, promotion or transfer (absorption), as the case may be, at the earliest opportunity. These instructions also provide that whenever an appointment is made on ad-hoc basis, the fact that the appointment is ad-hoc and that such an appointment will not bestow on the person a claim for regular appointment should be clearly spell out in the orders of appointment. It should also be made clear that the service rendered on ad-hoc basis, in the grade concerned would not count for the purpose of seniority in that grade and for eligibility for promotion to the next higher grade.
2. Instances have, however, come to the notice that despite the clear provisions, as mentioned above, persons appointed on adhoc basis when replaced, approach the courts of law for regularizing their appointment and in many cases, directions are given for regularizing the period of ad-hoc appointment with consequential benefits like seniority etc. 9
3. In this regard it is stated that issue of regularization of ad-hoc employees has been considered in several judgements of the Hon’ble Supreme Court. In the case of R.N Nanjundappa Vs T Thimmaiah and ors (AIR 1972 SC 1767) the Supreme Court observed that regularization is not itself a mode of recruitment and any act in the exercise of executive power of the Government cannot override rules framed under Article 309 of the Constitution. In the case of State of Orissa Vs Sukanti Mahapatra (AIR 1993 SC-1650), the Supreme Court has observed that assuming that their having served for long years is a valid reason for regularization, that without anything more, will not meet the requirement of the action being in public interest and what has been done under the impugned orders is to regularize the illegal entry into service as if the rules were not in existence. In another case of K.C joshi Vs Union of India (AIR1991 SC 284), the Supreme Court observed that the ad-hoc appointees cannot be put on a higher pedestal over the candidates who stood the test of merit and became successful in a competitive recruitment and secured ranking according to the merit in the approved list of candidates. In the case of State of Haryana and others Vs Piara singh and others (1992 SC 2130), the Supreme Court observed that direction to regularize ad-hoc appointments, work charge employees would only result in encouraging of unhealthy practice of back door entry - what cannot be done directly cannot be allowed to be done in such indirect manner. In the case of Dr. M.A. Haque Vs Union of India (1993 SCC 213), the Supreme Court held that the recruitment rules made under Article 309 of the Constitution have to be followed strictly and not in breach. If a disregard of the rules and the by passing of the Public Service Commission are permitted, it will open a back door for illegal recruitment without limit. In the case of Dr. Arundhati A Paragaonkar and another Vs State of Maharashtra (AIR 1995 SC 962 ), the Apex Court has held that a continuous service by itself do not give rise to the claim of regularization.
4. Therefore as already stated in DoP&T’S O.M.s referred to above, an ad-hoc appointee has to be replaced by a regularly selected candidate as per provisions of the recruitment rules and in accordance with the prescribed procedure at the earliest possible and in no case such an officer should be regularized. In the cases where a judicial order is received for regularization of ad-hoc employee, steps may be taken to contest the same in the light of the specific conditions on which the offer of appointment on ad-hoc basis was made, the policy of the Government in this regard and the various judicial pronouncements of the Apex Court. If in a particular case, the concerned Ministry /Department desires to consider acceptance of the judicial order, the matter should be invariably referred to the Department of Legal Affairs and the Department of Personnel and Training as per this Department’s O.M.NO 28027/9/99-Estt(A) dated May 1 2000, which says that whenever there is a court order against the Government of India, pertaining to service matters, no such order shall be implemented by the concerned Ministry /Department without first referring the matter to the Department of Legal Affairs and to the Department of Personnel and Training for advice.
5. It has all along been emphasized in the existing instructions that ad-hoc appointments should be made only in rare cases and in real exigency of work, where the post cannot be kept vacant until regular candidate becomes available. It has been emphasized, in particular, that ad-hoc appointment by direct recruitment from the open market should be resorted to only as a last resort. This is because once a person is appointed from outside the Government on ad-hoc basis, such arrangement is generally continued for long periods, either because a regularly selected candidate is not available or some other vacancy in the grade/cadre becomes available against which he is adjusted. Consequently, when efforts are made to replace such an officer, he/she invariably approaches a court of law for regularization of their appointment. Apart from the fact that regularization of appointment in such cases is not in public interest as they have not come through proper selection procedure and on merit, regularization also creates problems in the matters of seniority, promotion, pension etc. However notwithstanding these instructions, ad-hoc appointments by direct recruitment from open market are being made as matter of routine. In fact on many occasions, such appointments are being made only to avoid the post getting abolished in terms of the relevant instructions of the Ministry of Finance, providing for automatic abolition of posts, if they remain vacant for more than one year. Of late, instances of ad-hoc appointments from open market have substantially increased resulting in more and more court cases being filed for regularization of service of such ad-hoc appointees.
6. In view of the aforesaid undesirable trend, the matter has been reviewed and it has been decided that hereafter no appointment shall be made on ad –hoc basis by direct recruitment from open market. Where the vacant post cannot be kept vacant for functional considerations, efforts may be made to entrust the additional charge of the post to a serving officer under provisions of FR-49, failing which only appointment by ad –hoc promotion/ad-hoc deputation may be considered. If in an exceptional case (e.g in the case of an operational organization), it is inescapable to resort to ad-hoc appointment by direct recruitment, prior concurrence of the Department of Personnel and Training (Establishment ‘D’ section) may be obtained by giving full and complete justification for the same.
7. Continuation of an ad-hoc appointment beyond one year will, as per the existing instructions, continue to require the prior approval of Department of Personnel and Training as before. 8. This order takes effect from the date of its issue. 9. All Ministries/ Departments are requested to bring these instructions to all concerned for guidance and compliance. (DOPT OM No.280361/2001-Estt (D) dated 23.07.2001) III. ADHOC ARRANGEMENTS - SELECTIVES 18. Adhoc appointment continuity more than one year -- no need for reversion If disciplinary action is initiated against a person appointed on adhoc basis for a period less than one year against short term leave vacancy, he shall be reverted to the post held by him on regular basis. However, if the adhoc appointment was purely for administrative reasons and the employee was held the post for more than one year, he need not be reverted. (DO P&T OM No. 11012/9/86--Estt. (A) dated 24-12-86) 10 19. Local officiating arrangement in JAO cadre The matter regarding simplifying the existing instructions on making local officiating arrangement in JAO cadre was under consideration of this office. In supersession of all the existing instructions, it has been decided that local officiating arrangements in JAO cadre may be made in the following order of preference:
1. Against vacancies arising under 90% quota: a) From amongst JAO Part-II examination qualified candidates working whether in O/o DA (P) or in other offices of Department of Posts in that circle b) In case, of non-availability of the above category, from amongst Sr. Accountants with minimum three years of regular service in the grade, as per prescribed procedure.
2. Against vacancies arising under 10% quota: From amongst Sr. Accountants with 3 years of regular service in the grade as per prescribed procedure. Above procedure may be adopted while making such arrangements against reserved vacancies also. While locally officiating as JAO, both JAO Part-II examinations qualified candidates, as also Sr. Accountants will be entitled for grade pay subject to restrictions under FR 35. All other terms and conditions, restriction and duration of vacancies against which local officiating arrangements are made would continue to apply. This will take effect from the date of issue of the orders. (D G (P) No. 3(3)/99/PA-Admn.I/245 to 288 dated 07-07-2006) 20. Reservation in adhoc promotion: Since adhoc promotions can be made only against vacancies of more than 45 days reservation is to be followed. However there is no need to have a separate roster for this purpose. A separate register called 'Adhoc promotions register' may be maintained to note down particulars of all adhoc promotions made. This is to facilitate reversion of such promotes strictly in the order i.e. the junior most candidates being reverted first. This reversal order will be followed strictly and there is no preference for SC/ST candidates in reversion. (DP & AR ON No. 36011/14/83-Estt (SCT) dated 30-4-83 & 30-9-89) 21. LSG officials worked against HSG.I posts LSG officials who worked in the vacancy of HSG.I posts are eligible for the pay of HSG.II. (DG (P&T) No. 4-39/74-SPB dated 20-06-75 & 28-06-75) 22. General clarification regarding counting of broken spells of ad-hoc promotion for increment –reg. 1. The undersigned is directed to say that this Department has received references from Ministries/Departments regarding counting of broken spells of ad-hoc promotion for the purpose of increment.
2. The matter has been considered in consultation with Department of Expenditure and it is clarified that the provisions of FR 26 which provide for counting of broken spells in officiation in the higher post for increment, continue to apply for increment under Rule 10 of CCS (RP) Rules, 2008. 3. In so far as persons serving in the Indian Audit and Accounts Department are concerned these orders issue in consultation with the Comptroller and Auditor General of India. (DOPT OM. NO.19/2/2013-Estt. (Pay-I) dated 12.12.2013) 23. Remuneration payable to Full Time Casual Labour (Other than Temporary Status) Part time Casual Labour/Workers engaged on contingency basis The undersigned is directed to refer this Directorate OM No.2-53/2011-PCC dated 22.01.2015 vide which rate of remuneration payable to Full Time Casual Labour (Other than Temporary Status) Part time Casual Labour/Workers engaged on contingency basis w.e.f 01.01.2006 was issued. The para No.s 1 (i) & (ii) of ibid OM have been examined for revision of remuneration payable to these casual labourers w.e.f 01.01.2016 in consultation with DoP&T and the DoP&T has clarified that:- “Minimum pay for Calculation of pay of Casual Labourers ( without temporary status) may be considered as the minimum Pay of Level 1 of the Pay Matrix as per the recommendations of 7th Pay Commission i.e.Rs.18000/-“. 2. It may be ensured that the concerned casual Labourers are engaged in strict adherence to the DoP&T OM No.49019/1/95-Estt-(C) dated 14.06.2016. This may be brought to the notice of all concerned. (DG (P) No.7-10/2016-PCC dated 31.03.2017) 24. One day paid weekly off for casual workers-implementation of the Order of Hon’ble CAT, Ahmedabad bench in the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati The undersigned is directed to refer to the provisions of the of Department of Personnel and Training OM No.49014/2/86-Estt (C)dated 7th June, 1988 on recruitment of Casual Workers and daily wagers. As per para 1 (vi) of the above referred 0.M, the Casual workers may be given one paid weekly off after six days of continuous work. 2. The issue of paid weekly day off for casual workers employed in offices observing five day week has been examined in the light of dismissal of the SLP by the Hon’ble Supreme Court in the Bhikaben Pratapbhai Prajapati case .The issue of paid weekly off had come up for consideration in the OA No. 214 of 2003 filed by Smt Bhikaben Pratapbhai Prajapati in the Ahmedabad bench of Hon’ble CAT. The Tribunal observed: 11 23. What is important is that when offices work for a five days week and not for six days week, it is not at the behest of the causal workers where they can be treated differently. In our considered opinion, those workers should not be discriminated. 3. The Hon’ble CAT had directed that the respondents should draw a Scheme keeping the scales even pertaining to those who are working in an office having five days week preferably within four months, taking stock of the totality of the facts and also considering that those who are working in six days week are being given one weekly off. 4. At present, the weekly paid off day is allowed to casual workers employed in the offices observing six day week only. The issue has been reconsidered in consultation with Department of Expenditure in the light of the Court orders. It has been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week. The relevant provisions of the Department of Personnel and Training OM No.49014/2/86-Estt (C) 7th June, 1988 are amended to this extent. (DOPT OM No. F. 49019/1/95-Estt-(C) dated 19.07.2016) 25. Payment of arrears of weekly off to the daily rated Mazdoors. As per the instructions received from D.O.P & Trg which was circulated vide this office letter of even number dt. 7.7.88, casual labourers are entitled to one paid weekly off after six days of continuous work. We are receiving references seeking clarification as to from which dated the arrears of paid weekly off are to be given to casual labourers. It is clarified that the arrears of paid weekly off be paid w.e.f. 5.2.86. (DG (P) No. 45-60/88-SPB.I dated 05.04.1990) 26. Guidelines for engaging of paid substitutes against leave/absentee Gr.D and Postman Staff – Modification regarding. References have been received from different quarters/Staff Unions regarding review of guidelines issued vide letter no dated 15.3.2004, in the matter of engaging of paid substitutes against leave/absentee Gr.D and Postman Staff. It has been noticed that in many cases the mails received in a post office could not be delivered by the Postman on the same day due to sudden absenteeism, long spell of leaves and long beat lengths. With a view to streamline the delivery and ensuring timely delivery of mail, following guidelines are issued for making substitute arrangement. The Divisional Heads/Gazetted Postmasters should engage paid substitutes (GDS) against the vacant/absentee/leave post of Group ‘D’/Postman in Departmental Post Offices having a combined staff strength exceeding four Gr.’D’/Postman for a period not exceeding ninety days, However, the permission of Head of Circle/Region is mandatory if the engagement of the paid substitute against the vacant/leave/absentee Postman/Gr.D exceeds ninety days. The other conditions on the matter will remain unchanged till further order. (DG (P) No. 10-7/2001-PE-II dated 02.09.2008)
27. Clarification in respect of regional re-allotment in case of officials prompted to HSG.II cadre against the temporary vacancies caused due to ad-hoc promotion of HSG.II officials to HSG.I I am directed to refer to your office letter No. STA//-3/08 dated 14.11.2008 on the subject mentioned above and to say that there are no instructions, which prohibit posting of regularly promoted officials against temporary/adhoc vacancy of officials promoted on adhoc basis against regular vacancy. (DG (P) No. 4-24/200-SPB-II dated 02.12.2008) 28. Remuneration to be paid to the Gramin Dak Sevaks engaged as substitutes in short term vacancies of Postmen/Mail Guards and MTS. Consequent upon the implementation of the Seventh Pay Commission’s recommendations the matter regarding the rates of remuneration payable to Gramin Dak Sevaks engaged as substitutes in short from departmental vacancies of Postmen/Mail Guards and MTS has been reviewed.
2. It has now been decided that the remuneration of the Gramin Dak Sevaks engaged as substitutes in short term departmental vacancies of Postmen, Mail Guards and MTS may be calculated on the basis of the minimum pay of the respective levels of the pay matrix in which the substitute is engaged as defined in the CCS (Revised Pay) Rules 2016 and as mentioned in Table below. S.No. Post Pre-revised in Pay Band and Grade Pay (6th CPC) Pay under Pay Matrix (7th CPC) 1. Postman/ Mail Guard Rs. 5200-20200 GP Rs. 2000 (Min. 7200) Level 3 (Min. Rs. 21700 Max. Rs. 69100) 2. Group-D (Now MTS) Rs. 5200-20200 GP Rs. 1800 (Min. 7000) Level 1 (Min. Rs. 18000 Max. Rs. 58900)
3. In future GDS who are willing to work as substitute will be paid at the minimum pay of the respective Levels of the Pay Matrix barring other allowances like HRA Transport allowance etc. with effect from 01.01.2016.
4. This issues with the concurrence of Ministry of Finance Department of Expenditure implementation Cell DoE ID Note No. 30-1/17 (ii) 2016-IC (Pt.) dated 20.04.2017. (DG (P) No. 7-9/2016-PCC dated 26.04.2017)
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