Service seniority
pradeep
(Querist) 24 July 2015
This query is : Resolved
One person 'A' has been abosrbed against existing vacancies after completion of his 3 years 4 months deputation (from 10/05/2005 to 28/09/2008) in a higher rank in same department where ratio as per Recruitment rules of 60:40 (Direct recruitment: Deputation/ Absorption) exists. During his deputation period, through direct recruitment 18 personnel have been appointed and placed as his seniors even after A having experience of 1-3 years above than them. As per recruitment rules 40% of existing vacancies were to be filled by deputation/absorption, in this case 'A' has not absorbed against the vacancies already exist with the reason that he has to complete a deputation period of 03 Years.
At the same time, many similar person on deputation were absorbed after 16 months, 18 months, 24 months etc.
My query is,
a) If A who is in deputation having same responsibilities, having more experience than newly recruited persons is not eligible to get seniority from his date of deputation?
b) If vacancies exists, and performance of 'A' is satisfactory,what is the minimum duration of deputation which required for further absorption?
c) If in the same department, similar personnel on deputation are absorbed after a period of One year, Why 'A' not absorbed against the existing vacancies.
d) As per similar absorption, If 'A' has been absorbed after 1 year against the vacancies as per 60:40 ratio , he were senior to most of the 18 personnel newly recruited as he is more experienced than most of them .
e)It is clear that, during deputation period also he is fully responsible for each and every work he did. Then why the seniority considering after absorption only if he has not repatriated from deputation and doing continuously serving in same department.
f)Regarding pay also, 'A' is drawing more pay than all the personnel recruited after A's deputation as he is not repatriated to his parent cadre.Then nobody has any loss by giving seniority to 'A' from the date of his deputation as (i) He is having more experience than all pers joined between his date of deputation and absorption (ii) He is fully responsible for all the works he has done during deputation period (iii)Department has not absorbed him after one year even there was vacancy existing and when similar cases of absorption already done by the department in previous cases (iv) A is drawing pay more than that of personnel recruited after A joined on deputation.
Request anybody clarify these things as I feel 'A' is eligible and deserves to get his seniority from his date of deputation or from after the minimum period of deputation as the department previously considered for absorption keeping in view that the department not absorbed him even after vacancy exists and he has satisfactorily performed his duties when in the RR 60:40 provisions as mentioned above is there.
Isaac Gabriel
(Expert) 24 July 2015
It depends upon the service rules.
Guest
(Expert) 24 July 2015
Leave aside A B C D, etc. Discuss your own problem. Or else, you may refer your recruitment rules.
P. Venu
(Expert) 24 July 2015
Pl. state the specific problem, if any.
pradeep
(Querist) 26 July 2015
Thanks all.. for your reply to my query . I mentioned the case of mine in that query.I am serving as Junior Engineer (Civil) in border security force. I was joined in BSF during Jan 1996 and served in Communication Branch upto Apr 2005. While in Communication Branch of BSF in the rank of HC, being a Civil Engineering diploma holder , I have been selected for deputation to the rank of SI in Engineering Branch (Civil ) of same department during May 2005 which was one rank higher than I holding in my parent cadre . As per my deputation order, the deputation was year to year basis and further after completion of my 3 year 4 months deputation period I have absorbed to Engineering Branch as SI . During the period of my deputation , 18 personnel has been enrolled by direct recruitment against vacancies without absorbing me when sufficient vacancies were existing and as per RR filling of vacancies will be at 60:40 ratio (Direct rectt: deputation/absorption) .Department said I was to complete 3 years in deputation for further absorption but previously in similar cases the person who were in deputation in Engineering (Ele) section were absorbed in 14 months,16months,24 months etc. Now , all the 18 pers who were recruited after I appointed as SI on deputation are my seniors as per existing CSR when they have less experience in Engineering cadre as well as in BSF. Moreover, some of them are trained under me.
My complaint against our department (BSF) is that, they did not absorbed me after my minimum required period of deputation as applied to others when there were sufficient vacancies which made Junior to many persons who are still having less experience.
I know the rule (7) of Seniority in CSR that, normally the Seniority will be considered from the date of absorption, but my question is if I am not repatriated to my cadre and am performed duties satisfactorily as same as my seniors who are in the same cadre and I ever 100 % responsible for all the work I have done during my deputation period , what is the logic I am not giving Seniority than the people who are joined after I joined in the same cadre on deputation.
Considering Seniority rule also, if I absorbed by the department after completion of one year deputation instead of 3 yrs 4 months , I may get Seniority above the personnel joined after that time.
Please suggest any way out to get Seniority from the date of my deputation . Thank you all
P. Venu
(Expert) 27 July 2015
Does the Recruitment Rule provide for any minimum period of service in the cadre/ex-cadre lower post before before being considered for absorption or being absorbed?
pradeep
(Querist) 27 July 2015
Yes. Condition was there that , Personnel having 3years diploma and Minimum 5 years service in the rank of HC in BSF was required for applying for deputation to the post of SI / Jr. Engineer. For absorption, as per RR no condition was there.As I said , department has done absorptions in various periods as per their convenience without considering how its affects seniority.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
You have stated that others with less qualification of deputation tenure were absorbed to the post in question. Do you have the list of the people who were absorbed by bending the rules?, if so, whether you made any representation to the competent authority about your grievance for having not considered your candidature for the post quoting the reason which was not followed strictly to others of similar situation?
First exhaust the remedies within the department and then plan to take up the issue legally.
pradeep
(Querist) 31 July 2015
I have copy of absorption order of 2_3 pers.I have applied for the same but no clear response from my department.
