Procedure to be followed by the Departmental Promotion Committee with regard to retired employees: DOPT OM dated 11.12.2023

 Procedure to be followed by the Departmental Promotion Committee with regard to retired employees: DOPT OM dated 11.12.2023

F. No.22011/1/2023-PP (D-Promotion)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Date : 11.12.2023

OFFICE MEMORANDUM

Subject : Procedure to be followed by the Departmental Promotion Committee with regard to retired employees – reg.

The undersigned is directed to refer to this Department’s O.M. No. 22011/4/2013-Estt.(D) dated 8.5.2017, which stipulates that Departmental Promotion Committee (DPC) is to be convened in advance and the steps, as per the Model Calendar, need to be completed so that the approved select panels are ready on the date of commencement of the vacancy year. Further, from 2019 onwards, a uniform calendar year wise vacancy year is being followed. Inspite of these instructions, this Department has been receiving references of inordinate delay in conduct of DPCs depriving officials the opportunity of promotion as by the time the DPC is held, some official(s) in the original zone of consideration, would have already retired from Government service. This Department has been impressing upon Ministries/Departments and Cadre Controlling Authorities, from time to time, to ensure strict compliance of these instructions.

2. Attention is also invited to Department of Expenditure’s O.M. No. 7(1)/E.Coord.I/2017 dated 12.4.2017 containing compendium of instructions on creation, revival, continuation and transfer of posts. Para 5.1 of that said OM dated 12.4.2017 states that all posts, except newly created posts, in a Ministry/Department or Attached/Subordinate Office or Statutory body, kept in abeyance or remaining vacant for more than two years shall be considered as ‘deemed abolished’ unless an exemption has been granted at the time of sanctioning of the post. These instructions further provide that a post falling under the category of ‘deemed abolished’ cannot be filled unless it has been got ‘revived’ from the Department of Expenditure.

3. Accordingly, in the context of the extant instructions contained in this Department’s D.M. No. 22011/4/2013-Estt.(D) dated 8.5.2017 read with relevant provision in Department of Expenditure’s D.M. No. 7(I)IE.Coord.I/2017 dated 12.4.2017 relating to ‘deemed abolished’ posts, the provisions of para ‘3’ of this Department’s D.M. No. 2201 1/4/98-Estt.(D) dated 12.10.1998 have been reviewed, in consultation with the Department of Expenditure and Department of Legal Affairs. It has now been decided to modify para ‘3’ of OM dated 12.10.1998 as follows:-

“3.1 Inspite of clear instructions, where DPCs could not be held as per the schedule prescribed in the Model Calendar, for whatever reasons, though vacancies arose in those year(s) and where the DPC meets at a later date to consider regular vacancies which arose in the earlier vacancy year(s), the DPC would, in terms of para 6.4.1 of this Department’s O.M. 22011/5/86-Estt. (D) dated 10.4.1989, continue to make year-wise panel for each of the vacancy years. Further, the DPC would, in such cases, continue to consider all eligible officials falling in the original zone of consideration as per the number of vacancies reported for that particular year, including those who have since retired as on the date of the DPC.

3.2 The DPC while recommending the panel for promotion for each vacancy year(s) would, however, not include names of any retired person(s) who are not in a position to assume charge of the promotional post as and when promotion orders are issued. The DPC would accordingly make a note in the minutes to this effect that they have considered to the extent required all those eligible for promotion, as per the original zone of consideration for that vacancy year, including those who have since retired, but are recommending the names of only those who are in the position to assume charge of the promotional post. It would neither be necessary to include the name of a retired person in the panel for the sake of completing the panel nor would it be in order to consider his/her junior against that vacancy in the relevant vacancy year. Resultantly, such vacancy for which the DPC did not recommend a name would be treated as an unfilled vacancy.

3.3 The vacancy so rendered unfilled would be carried forward to the next vacancy year and added to the vacancies of the next vacancy year. This process would be repeated for the next and subsequent vacancy years for which the DPC is being held together. Further, where a vacancy which remained unfilled in the original vacancy year (due to the reason stated in 3.2 above) and in two subsequent vacancy years to which this vacancy was carried forward to, the post would be treated as ‘deemed to have been abolished. Such a post can be filled up only after it has been got revived from the Department of Expenditure. Further, if the post is got ‘revived’ from the Department of Expenditure, the resultant vacancy shall be treated as a fresh `vacancy’ for the purpose of conducting DPC viz. vacancy pertaining to the year in which the post has been got revived.”

4. These instructions shall be applicable from vacancy year 2024 i.e. from 1.1.2024 onwards.

5. All Ministries/Departments are requested to bring these instructions to the notice of all concerned.

(A. Bhattacharya)
Deputy Secretary

To
All Ministries/Departments of the Government of India.

Copy to :- 1. President’s Secretariat/Vice President’s Secretariat/Prime Minister’s Office/ Supreme Court/Rajya Sabha Secretariat/Lok Sabha Secretariat/ Cabinet Secretariat /UPSC/ CVC/ C&AG/Central Administrative Tribunal (Principal Bench), New Delhi.

Source: DOPT