Seniority of absorbees
CPS
(Querist) 04 October 2018
This query is : Open
Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).
Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)
“3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such absorption.”
“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.
“3.3 The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such cases.”
3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “Deputation/Absorption), his seniority in the grade in which he/she is absorbed will normally be counted from the date of absorption. If he/she has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his/her parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he/she will be given seniority from –
- the date he/she has been holding the post on deputation,
(or)
- the date from which he/she has been appointed on a regular basis to the same or equivalent grade in his parent department.,
Whichever is earlier.
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My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.
2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)
3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.
Dr J C Vashista
(Expert) 05 October 2018
Too long a story, consult a local lawyer practicing service matters.
Guest
(Expert) 05 October 2018
Interpretation of any law, rule or administrative instructions is always with reference to some existing problem, not a matter of academic discussion. Even if you ask the DoPT, they will also ask you to spell out your real problem.
Even otherwise also, solution to your academic queries is very much available in the introductory para 3.1, itself that refers about the order of selection for the purpose of absorption.
So, better come forward with your real problem, if you face any.
CPS
(Querist) 11 October 2018
Whether the seniority of absorbees only should be determined on the basis of para 3.1 or para 3.4 of the instruction of the DoPT issued in the year 2010.
Guest
(Expert) 11 October 2018
Since when upsc has started making recruitment for the posts of inspectors and for which department?
CPS
(Querist) 11 October 2018
Any suggestions please
CPS
(Querist) 11 October 2018
Any suggestions please.
Sudhir Kumar, Advocate
(Expert) 11 October 2018
