No. 20020/4/2010-Estt. (D)
Government of India
Ministry of Personnel Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 13th September, 2012
OFFICE MEMORANDUM
Subject: Seniority of officers holding
posts/grades in grades merged in pursuance of recommendations of Sixth Central
Pay Commission.
The undersigned is
directed to invite reference to para 2 (i) of this Department’s O.M.
No.AB-14017/66/2008-Estt. (RR) dated 9th March, 2009, which provides that where
all the posts in one or more pre-revised scales are merged with a higher
pre-revised scale and given a common replacement scale/grade pay / pay scale,
the suitability of the incumbents need not be assessed for granting them the
higher replacement scale / grade pay / pay scale, there is also no need for the
incumbents to complete any minimum eligibility service in the earlier scale of
pay. There will be no change in the inter se seniority of the incumbents in the
merged scale which shall be decided based on the general instructions on the
subject.
2. The 6th CPC in
its recommendation contained in sub para (vi) of Para 2.2.13 has stated that
the seniority of government servant will depend on the grade pay drawn. This
will invariably be more for a higher level post. References have been received
from Ministry of Railways/Ministry of Defence etc. regarding fixation of
seniority of officers after merger of pay scales in pursuance to recommendation
of Sixth Central Pay Commission. The recommendation of 6th CPC has been
accepted on 29.08.2008 and the merger of pay scale(s) of the post has been made
effective w.e.f. 01.01.2006. The issue of seniority has been further examined
and it has been decided in consultation with UPSC and Department of Legal
Affair that seniority of officers holding post in grades which have been merged
in pursuance to recommendation of Sixth Central Pay Commission will be
determined as follows :-
I. The status of a
government servant as on 29.08.2008 including those who have earned promotion
between 01.01.2006 to 29.08.2008 will be protected as appointment/promotions
are made as per the provisions of statutory recruitment rules applicable to the
post/grade. The merger of the pay scale(s) of the post(s) as recommended by 6th
CPC have been made effective w.e.f. 01.01.2006; the seniority of government
servant which existed on 29.08.2008 (date of acceptance of recommendation of
6th CPC) will be maintained i.e. the holder of post having higher pay scale or
post which constituted promotion post for the posts in the feeder grade, will
rank en-bloc senior to those holding post having lower pay scale or the posts
in feeder grade.
II. Where posts
having different pay scales prior to 6th CPC recommendation and now after
merger have come to lie in the same Pay Band with same Grade Pay, the inter-se
seniority of all the employees will be fully maintained with employee in a
higher pre-revised pay scale being placed higher vis-a-vis an employee in a
lower pay scale. Within the same pre-revised pay scale, seniority which existed
prior to revision would continue.
III. Where
recruitment for the posts in different per-revised pay scale(s) was initiated
separately for each posts, prior to acceptance of recommendation of 6th CPC
i.e. prior to 29.08.2008 but selected individual joined duty on or after 30.08.2008
in the revised pay scale(s) against the posts which have been granted same
Grade pay, such officers will be assigned seniority en-bloc below those
officers who were in position as on 29.08.2008.
IV. The availability
of officers nominated on the basis of panel of promotion given by DPC or
selection list given by selecting Authority will be decided as on 29,08.2008.
In case a officer from the panel given by DPC or selection list given by
selecting Authority has joined on or prior to 29.08.2008, then status of all
the officers included in panel given by DPC or selection list will be protected
and all officer will be considered available and their seniority determined by
following the basic principle of seniority i.e. order of panel given by DPC or
merit list given by selecting Authority. in case all the officers included in
the panel given by DPC or selection list given by selecting Authority joins
after 29.08.2008, then the seniority of such officers within a grade, will be
determined by placing them below all available officers as on 29.08.2008 but
maintaining their inter-se seniority in order of panel of DPC or merit list
given by selecting authority.
3. All the cases of
determination of seniority except merged MTS posts will be decided accordingly.
The issue of determination of seniority of merged MTS (erstwhile Group D) posts
would be taken up separately.
4. Hindi version will follow.
sd/-
(Virender Singh)
Under Secretary to the Government of India
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