Ad-hoc Appointment/ Promotion - Review of - Regarding

To view DOPT OM No. 28036/1/2012-Estt(D) dated 3rd April 2013, please CLICK HERE.

No.28036/1/2012-Estt(D)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL & TRAINIING
North Block, New Delhi,
Dated the 3' April, 2013
OFFICE MEMORANDUM
Subject: 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 adhoc
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.
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 ad-hoc 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 ad-hoc 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.
3
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 adhoc
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 S'
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.
4
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.
(Pushpender Kumar)
Under Secretary to the Government of India
Telephone No. 2309 3804
To,
All Ministries/Departments of the Government of India
Copy to:
1. President's Secretariat, New Delhi
2. Vice-President's Secretariat, New Delhi
3. The Prime Minister's Office, New Delhi
4. Cabinet Secretariat, New Delhi
5. Rajya Sabha Secretariat/Lok Sabha Secretariat, New Delhi
6. The Registrar General, the Supreme Court of India, New Delhi.
7. The Registrar, Central Administrative Tribunal, Principal Bench,
New Delhi.
8. The Comptroller and Auditor General of India, New Delhi
9. The Secretary, Union Public Service Commission, New Delhi
10. The Secretary, Staff Selection Commission, New Delhi
11. All attached offices under the Ministry of Personnel, Public
Grievances and Pensions
12. National Commission for Scheduled Castes, New Delhi
13. National Commission for Scheduled Tribes, New Delhi
14. National Commission for OBCs, New Delhi
15. Secretary, National Council (JCM), 13, Ferozeshah Road, New Delhi.
16. Establishment Officer & A.S.
17. All Officers and Sections in the Department of Personnel and
Training.
18. Facilitation Center, DOP&T (20 copies)
19. NIC (DOP&T) for placing this Office Memorandum on the Website of
DOP&T.
20. Establishment Section (50 copies).
(Pushpender Kumar)
Under Secretary to the Government of India
Telephone No. 2309 3804