No. X-7/19/2021-SPN-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)
Dak Bhawan, Sansad Marg
New Delhi — 110 001
Dated: 9th June, 2022
Subject: Limited Departmental Competitive Examination for promotion to the cadre of Inspector Posts — reg
I am directed to refer to this office letter of even no. dated 16.02.2022 on the above mentioned subject and to say that Department has scheduled to hold LDCE for promotion to Inspector Posts for the vacancy years 2019, 2020 and 2021 on 25.06.2022 and 26.06.2022.
2. Recruitment Rules of Inspector Posts notified vide GSR No. 89(E) dated 05.02.2019 provides that officials of various grades with eight years of regular qualifying service as on the crucial date for determining the eligibility as specified by Central Government are eligible to appear in respective LDCE.
3. Prior to aforesaid notification, officials with 05 years of qualifying service were eligible for appearing in LDCE. Due to change in required length of service to appear in LDCE, Directorate has received number of representations to allow the official(s) appointed on or before 05.02.2019 and having five years of qualifying service to appear in LDCE by referring to the following provision of Department of Personnel and Training (DoPT) Office Memorandum number AB.14017/48/2010-Estt.(RR) dated 31.12.2010:
“Where the eligibility service for promotion prescribed in the existing rules is being enhanced (to be in conformity with the guidelines issued DoPT) and the change is likely 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.”
4. The matter was referred to DoPT for clarification. DoPT has clarified that the provision of protection clause, as provided under para 3.1.3 of DoPT’s OM No. Ab.14017/48/2010-Estt(RR) dated 31.12.2010 is applicable only in the cases wherein the eligibility of service is being enhanced in pursuance of guidelines issued by DoPT subject to other conditions remaining the same.
However. in the case of Inspector Posts, the pay level of the post has been upgraded from Level - 6 to Level - 7. Since the pay level of the post has been upgraded, corresponding changes need to be incorporated in the eligibility service for promotion.
Therefore, provision of protection clause cannot be applied in this case. Copy of advice of DOPT is enclosed.
5. The competent authority has directed that above mentioned clarification along with all related documents must be used for briefing the CGSC in the respective CAT if any case on the issue comes up for hearing and the case be defended appropriately.
6. Circles are also requested to keep close watch on filing of any application / petition before Tribunal / High Court and defend the case strongly on priority basis.
Department of Personnel & Training. Estt. (RR) Division
Ref:- Department of Posts’ ID Note No. X-7/19/2021-SPN-I dated 21.12.2021.
Officials, who were holding the post in feeder grades, as per the Department of Posts Inspector (Posts) RRs, 2013 as on the date of notification of Department of Posts (Inspector Post’s) RRs, 2019 and have completed 5 years of eligibility service as on the crucial date of eligibility to appear in the Limited Departmental Competitive Examination (LDCE) for the post of Inspector Posts.
2. The matter has been considered. The provision of Protection was agreed to by this Department in March 2018, after due deliberation and same was agreed to by the UPSC also.
3. Hence, the Proposal of DoP, to allow all Officials, who were holding the post in feeder grades, as on the date of notification of Department of Posts (Inspector Posts) RRs, 2019 and have completed 5 years of eligibility service as on the crucial date of eligibility to appear in the Limited Departmental Competitive Examination (LDCE), as per earlier RRs, is not agreed to. Further, DoP is also advised to defend the case based on above facts, in consultation with DoLA.
4. This issues with the approval of Joint Secretary (Estt,).
