PIL Filed for Central Government Employees Freezing DA in Supreme Court

IN THE HON'BLE SUPREME COURT OF INDIA AT NEW DELHI.

PIL DATED 24th APRIL 2020 via Email regarding payment of DA or PIL DATED 24th APRIL 2020 via email regarding payment of DA or Dearness allowance with effect from 1st January 2020 atleast to veterans and to all employees if possible

Major Onkar Singh Guleria Retired, a Senior Citizen and CANCER PATIENT, aged 69 years, son of Late Shri Kikar Singh Guleria resident of village Jachh PO Jassur Tehsil Nurpur Distt Kangra Himachal Pradesh 176201.

VERSUS

1. Union of India through Secretary Finance Govt of India New Delhi 110011.
2. Union of India through Secretary Home Govt of India New Delhi 110011.

BEFORE CHIEF JUSTICE AND ALL HIS COMPANION JUSTICES OF SUPREME COURT OF INDIA TO DIRECT UNION OF INDIA TO PRACTICE WHAT PRIME MINISTER OF INDIA PREACHES TO 130 CRORES DESHWASI AND DEFREEZE DA or dearness allownce by paying with effect from 01st January 2020 to Veterans atleast if not to employees.

MOST RESPECTFULLY SHOWETH,

1. That the applicant a CANCER PATIENT, disabled of right foot and also suffering from hypertension and a Senior Citizen with no home but living in a rented building in my last span of life and also to take care of wife a senior citizen suffering from various ailments and my only source of income is my monthly military pension of the rank of Major that too on reduced scale. I and lakhs of Veterans are aggrieved by arbitrary act of Union of India through Secretary Finance Govt of India New Delhi who were committed to pay arrears of DA or dearness allowance in first week of April 2020 but purposely not payed and on 20th April 2020 has FREEZED "DA or dearness allowance" retrospectively with effect from 01st January 2020 to cause us Veterans an irreparable loss that too at a time when Pandemic of COVID 19 VIRUS (China Originated Virus in December 19) has been commiting genocide in entire world and we to survive honourably need every paisa due to us from Govt of India. I attache arbitrary orders of freezing of DA or dearness Allowances dated 20th April 2020 of Secretary Finance Govt of India as ready referance for the Hon'ble Court.

2. That DA or dearness allowance can be basically understood as a component of salary, aimed at hedging the impact of inflation. The DA or dearness allowance is calculated as a specific percentage of the basic salary which is then added to the basic salary. PENSION received by a retired individual is considered as salary and taxed as, income from salary. Generally whatever is received from the employer in cash including DA or dearness allowance is treated as salary.

3. That the Union of India itself after studying the impact of inflation had announced increased instalment of DA or dearness allowance with effect from 01st January 2020 and promised to pay its employees and Veterans receiving pension in first week of April 2020 which was illegally and arbitrarily withheld and as a afterthought issued malafied orders dated 20th April 2020 ordering of freez of DA or dearness allowance retrospectively from 01st January 2020. It has come as a big blow especially to pensioners at a time when all veterans are more vunerable to catching COVID 19 VIRUS (China Originated Virus in December 19 ) as being daily advocated by Prime Minister of India and all functionaries of Union of India and Doctors through media and advisory letters in black and white. When Union of India is doling out financial package after package from announced budget of 2020-21 in Parliament and later various stimulous financual packages gìven and planning to give to business houses for whom at drop of hat the Political and Administrative Governments of whom many are directly or indirectly associated with industry then huge financial stimulous is being passed even during this national rather international calamity of COVID 19 ( CHINA ORIGINATED VIRUS IN DECEMBER 19), Whereas, petty amount for Union of India but it is a large amount for its employees and Retired personnels who in last span of life are undergoing various hardships is being denied by freezing "DA or dearness allowance" that too retrospectively wef 01st January 2020. This arbitrary and illegal mechanical step of Union of India without applying mind must be struck down immediately and all beneficairies paid their legitmate authorised "DA or dearness allowance" wef 01st January 2020 and continued to be paid. Even Union of India has taken care of other classes of India but subjected the "MIDDLE CLASS" to this horible torture by freezing its "DA or dearness Allowances"at a time when we need every paisa in our last span of life. We by cutting our legitimate expenses have even made small contribution to "PM CARES FUND" which so far is not transparent.

Also check: Second National Judicial Pay Commission has filed the subject of Pay, Pension and Allowances, in Supreme Court on 29.01.2020

4. Then why does Prime Minister of India preaches to look after Senior citizens, not to cut salary when his own Govt is doing it. Atleast the Union of India must practice what its Prime Minster preaches.

5. Copy if this P.I.L., is being sent to all concerned by mail and all Chief Ministers are also requested to pay "DA or dearness Allowances" wef 01st January 2020 to their employees and Retired personnels."HAVES"Political and Administrative class and affluent families are nit in touch with reality. A prominent singer is heard on TV asking 130 Crore Deshwasi to donate atleast Rs.100 Per person to make it Rs13000Crores donations. Madam there are many who have not seen or handled Rs.100 note in their entire life. Then if five of family members donate then amount comes to Rs.500/- which is equivalent to one month amount given to BPL Families by Govt of India. Madam have a heart and producers allowing her to speak this in print media has never applied mind to these ground realities. Sad, how insensitive are our "HAVES"Class!

RELIEFS SOUGHT WITH SPEAKING ORDERS.

6. In the given premises it is respectfully prayed that the Hon'ble Court be pleased to direct Union of India through Secretary Finance Govt of India New Delhi and Secretary Home Govt of India to:

(A) Pay immediately "DA or dearness Allowances" to all employees and Retired personnels and same be done by respective States and Union Territories of India.

(B) Union of India be directed to immediately stop various financial stimulous package being given or are being planned to be given in near future to business houses as after freezing "DA or dearness Allowances" Union of India admits that financial health of the Nation is not sound and healthy. More over these business houses are directly or indirectly related to all Political class who like to enjoy all benefits even in national calamities. Some are seen distributing Govt or public donations of food etc to poor to ensure their own stamp on it. India with Lockdown has gone back to "SATJUG" in many ways and air and water is purified and need of the hour is purification of "HAVES", i.e., the Political cum business class. Union of India must practice what Prime Minister of India preaches to look after senior citizens and not to cut salary.

Also read: MACP ON PROMOTIONAL HIERARCHY - MACP Supreme Court Order - Heard & Reserved - Order dated 23 Jan 2020

7. Kindly direct registry to confirm receipt and action taken via revert Email.

NAMASTE INDIA! JAI HIND!

(MAJOR ONKAR SINGH GULERIA RETD)
(A CANCER PATIENT)
Mob: 7018748978, 9418009991.
Email: maj.onkarsinghguleria@gmail.com

Via: Central Government News

CITU opposes the freezing of Dearness Allowance for Central Govt Employees

CITU opposes the freezing of Dearness Allowance for Central Govt Employees

CENTRE OF INDIAN TRADE UNIONS (CITU)

CITU DENOUNCES CENTRAL GOVT DECISION TO FREEZE AND CONFISCATE INCREASE IN DEARNESS ALLOWANCE FOR CENTRAL GOVT EMPLOYEES AND PENSIONERS

The Centre of Indian Trade Unions denounces the Central Govt’s decision to freeze, rather confiscate the increase in Dearness Allowance payable to Central Govt employees and pensioners falling due from January 2020 and also future dues, falling due on July 2020 and January 2021 on the plea of financial crisis arising out of COVID 19 vide Finance Ministry Order no 1/1/2020-E-II(B) dated 23rd April 2020.

No doubt, the country has been passing through a financial crisis but why should the workers and employees be made the sacrificial item for the same who themselves suffer most owing to Covid-19 followed by lockdown. Quite a number of employees are deployed and consequently are involved in various governmental activities and services meant to combat the spread of the pandemic Covid-19 especially of those departments declared as emergency services viz, health, postal, defence, railways etc. While taking such decision Govt did not bother to consult the unions and federations of the central govt employees, displaying rabid authoritarianism.

CITU strongly urges that response to financial crisis by the central govt must start with measures to garner resources where it is there aplenty at the disposal of handful of ultra rich class. As Per OXFAM Report, combined wealth amassed by only 63 billionaires in India is more that the total Union Budget in 2018-19 which was at Rs 24, 42, 200 crore. Top 10% of population cornered 77% of national wealth. Wealth of India’s richest 1 per cent is 4 times more than the bottom 70%. Govt must tap this huge accumulation of wealth with barely 5% of ultra-rich, amassed mostly through undue and illegitimate patronization of the economic policy regime, through appropriate direct taxation/wealth tax measures instead of brutally pouncing on the working peoples’ earnings and livelihood. And this right is vested with the Central Govt only

CITU strongly condemns this retrograde decision of the Central Govt to confiscate outright the legitimate dues of the employees and pensioners on account of increase in DA till January 2021, although prices of all essentials will continue to increase to further increase the profit of the big-business / corporate.

CITU demands withdrawal of this DA Confiscation order by the central government also demands that the state governments be extended financial help to enable continuity of variable DA payment to their employees. CITU calls upon the Govt employees’ movement in particular and the trade union movement in general to unitedly oppose this retrograde anti-worker measures.

(Tapan Sen)
General Secretary

Via: citucentre.org

Confederation strongly oppose to withdraw the DA & DR freezing orders of Central Government Employees

Confederation strongly oppose to withdraw the DA & DR freezing orders of Central Government Employees

Latest Central Government Employees News

Confederation firmly condemns and rejects central government's unilateral decision. We call on the Government to urgently reconsider the decision and revoke the freezing orders for DA & DR.

CONFEDERATION OF CENTRAL GOVT EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi - 110001
Website: www.confederationhq.blogspot.com
Email: confederationhq@gmail.com

President
RAVI NAIR
9718686800

Secretary General
R.N. PARASHAR
9969234999

No. Confd./DA-Covid-19/2020

Dated: 24.04.2020

CONFEDERATION OF CENTRAL GOVT EMPLOYEES AND WORKERS STRONGLY OPPOSE DA & DR FREEZING

Central Government’s decision to freeze three instalments of Dearness Allowance (DA) of Central Government Employees and Dearness Relief (DR) of Pensioners from 01.01.2020 to 30.06.2021 is a severe and unexpected blow to the Central Government Employees and Pensioners. Already most of the Central Government employees and Pensioners have contributed one day’s salary and Pension to PM CARES Fund.

Confederation strongly oppose and protest the unilateral decision of the Central Government. We demand the Government to review the decision immediately and withdraw the DA & DR freezing orders.

Also check: Government to withdraw the freezing of DA will have a serious impact of the HRA of the Central Govt employees

Confederation CHQ is in touch with National Council (JCM) Staff Side Secretary and other leaders. Efforts are being made to arrive at a united stand and convey the same to Government through Secretary, JCM Staff Side. Detailed statement of Confederation will be issued shortly.

R.N.PARASHAR
sd/-
Secretary General
Confederation of CGE& Workers

Source : Confederation

Government to withdraw the freezing of DA will have a serious impact of the HRA of the Central Govt employees

Government to withdraw the freezing of DA will have a serious impact of the HRA of the Central Govt employees

Latest Central Government Employees News

The freezing of Dearness Allowance would have a serious effect on Central Govt Employees HRA. Pursuant to recommendations from the 7th CPC and as approved by the Govt.The HRA rates in "X" cities will be revised from 24% to 27% and in "Y" cities from 16% to 18% and in "Z" cities from 8% to 9%.

No.NC-JCM-2020/CS/PM April 23, 2020

The Cabinet Secretary
Government of India,
Cabinet Secretariat
Rashtrapati Bhawan,
New Delhi

Sub: Protest against freezing of Dearness Allowance to Central Government Employees and Dearness Relief to Central Government Pensioners.

Ref: Department of Expenditure OM No.1/ 1/2020-E-ll(B), Dt: 23/04/2020

Dear Sir,
The constituent organizations of the National Council (JCM) are very much shocked to note the arbitrary decision taken by the Government to freeze the DA to Central Govt.Employees and Dearness Relief to the Central Govt. Pensioners up to 30/06/2021. Before taking such a major policy decision the Govt. has not bothered to consult the staff side of the NC(JCM) and without even hearing the views of the staff side, the decision taken especially on a policy matter which effects the wages of the employees and the pension of the senior citizens is against the spirit of the JCM scheme. The entire 48 lakh Central Govt. Employees (including Armed Forces Personnel) and the 65 lakh Pensioners are very much disappointed against the most drastic decision taken by the Govt. against is own employees.

The Central Govt. and State Govt. employees are the one who are playing their front line role in the fight against COVID-19 Virus, by taking all risk and working in the field exposing themselves without any sufficient Personal Protective Equipment. The Railway employees, Defence Civilian employees, Postal employees and all other Central Govt. employees have already contributed their one day wages to the PM-CARES Fund. The Ordnance Factory Employees have contributed their two days wages, In the Railways , Employees belonging to different categories are deployed for various activities such as PW Tracks, signaling, Electrical and Mechanical assets, cenrunning freight trains, parcels special trains, Transport essential goods etc. Almost all the Central Government Departments are involved in one or other activities during the entire lockdown period. The Ordnance Factory Employees are directly involved in manufacturing of various Protective Equipment required for the Doctors, Nurses & Health Care Workers and for other Civil Authorities. Ignoring all these contribution of the Govt. Employees, the Govt. is targeting them on the plea of  crisis arising out of COVID- 19?.

The Staff side of the National Council (JCM) is of the first view that the 48 Lakh Central Govt. Employees (including Armed Forces Personnel) and 65 lakh Pensioners do not deserve such a treatment from the Government.

A part from that many of all our affiliates of JCM Staff Side have contributed to PM-CARES Fund crores of rupees. As well as they are providing shelter, Food , Transport etc to mitigate the problem of poor employees I workers who have lost their job and everything in this Lockdown.

Moreover the freezing of DA will have a serious impact of the HRA of the Central Govt. employees. In accordance with 7th CPC recommendations and as approved by the Govt. the HRA rates will be revised from 24% to 27% in “X” cities, and from 16% to 18% in “Y” Cities and 8% to 9% in “Z” cities.

The manner in which the price for the essential commodities are rocketing sky high, DA is expected to cross 25% from 01/07/2020 on wards. Since the DA is freezed the employees will loose this hike in the HRA also.

You will appreciate that the Pensioners who are senior citizens are most vulnerable in the fight of the COVID-19 virus and any stoppage of DA in their case at this juncture is not an appreciable decision on the part of the Government.

The decision of the Govt. has subjected the Central Govt. Employees and the Pensioners to unnecessary financial hardship and mental agony when they all are on the field fighting from the front line against the spread of COVID-19 Virus through various official activities.

Therefore we request you to convey our feelings to the Hon’ble Prime Minister and also our request to reconsider the above decision of the Govt. and withdraw the same, so as to motivate the Central Govt. employees to perform their responsibilities, especially in this crisis period.

Yours faithfully,

(Shiva Gopal Mishra)
Secretary

Source: http://ncjcmstaffside.com/

Latest DoPT order - Maintain 33 percent of employees attendance, roaster & work from home - Central Govt Employees

Latest DoPT order - Maintain 33 percent of employees attendance, roaster & work from home - Central Govt Employees

Latest DoPT Orders 2020

Accordingly, correct Roster Can be drawn up by the Heads of Department. Needless to say, officials / staff employed at home on a specific day should always be accessible by telephone and electronic means of communication

F. No. 11013/9/2014-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi.
Dated the 23 April, 2020

OFFICE MEMORANDUM

Subject:- Preventive measures to contain the spread of COVID-19

The undersigned is directed to refer to O.M of even number dated 17th March, 2020 on the above-mentioned subject. The Ministry of Home Affairs (MHA) vide its Order dated 15.4.2020 has now extended the nationwide lockdown till 3rd May, 2020 to contain spread of Coronavirus in the country and has issued the consolidated revised guidelines for strict compliance. Para 18(ii) of these consolidated revised guidelines, inter-alia, provide that all officers of the level of Deputy Secretaries & above are to function with 100% attendance while 33% of the remaining officers/staff are to attend offices as per requirement.

Also check: No DA/DR & No Arrears to Central Government employees till July 2021

2. The spirit of the guidelines is that crowding in the offices may be avoided and safe social distancing norms may be maintained. It is, however, seen that in some Ministries/ Departments, more than 33% of officials /staff below Deputy Secretary level are being called to offices. This might lead to undesirable crowding in the office jeopardizing the preventive measures in place for containing the spread of COVID-19.

3. It is reiterated that guidelines for attendance for officers/staff at levels below Deputy Secretary, be strictly followed. Heads of Departments (HoDs) may also direct their officers/staff to attend office in staggered timings to further avoid crowding in offices/work spaces. As suggested vide O.M. of even number dated 19th March, 2020, the staggered timings may be as follows :-

(a) 9.00 am. to 5.30 p.m.
(b) 9.30 a.m. to 6.00 p.m.
(c) 10 a.m. to 6.30 p.m.

Suitable Roster May, accordingly, be drawn up by the Heads of Department. Needless to say that officials/ staff working from home on a particular day should be available on telephone and electronic means of communications at all times. They should attend office, if called for any exigencies of work.

Sd/-
(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India

Source: DoPT

No DA No DR No Arrears to Central Government employees till July 2021

No DA No DR No Arrears to Central Government employees till July 2021

Latest Central Government Employees News Today

No. 1/1/2020-E- II(B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 23rd April, 2020.

OFFICE MEMORANDUM

Subject : Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at current rates till July 2021.

The undersigned is directed to say that in view of the crisis arising out of COVID-19, it has been decided that the additional installment of Dearness Allowance payable to Central Government employees and Dearness Relief to Central Government pensioners, due from 1st January 2020 shall not be paid. The additional installments of Dearness Allowance and Dearness Relief due from 1st July 2020 and 1st January 2021 shall also not be paid. However, Dearness Allowance and Dearness Relief at current rates will continue to be paid.

2. As and when the decision to release the future installment of Dearness Allowance and Dearness Relief due from 1st July 2021 is taken by the Government, the rates of Dearness Allowance and Dearness Relief as effective from 1st January 2020, 1st July 2020 and 1st January 2021 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 1st July 2021. No arrears for the period from 1st January 2020 till 30th June 2021 shall be paid.

No DA Hike for central government employees due to economic pain from the coronavirus pandemic spread

3. These orders shall be applicable to all Central Government employees and Central Government pensioners.

(Annie George Mathew)
Additional Secretary to the Government of India

Download Order

No benchmark grades shall be listed below in ACRs for the period before 2008-09 - DoPT Order

Latest DoPT Orders 2020

Below benchmark ACRs prior to the reporting period 2008-09 need to be disclosed to the officer reported upon for his representation, as are reckonable for assessment of fitness in future DPCs

No.43012/1/2015-Esttt.(A-II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

North Block, New Delhi
Dated the 21st April, 2020

Office Memorandum

Subject : Disclosure of below benchmark grading in ACRs prior to the reporting period 2008-09 and objective consideration of representation by the competent authority against remarks in the ACR or for upgradation of the final grading.

The Department of Personnel & Training had vide OM No. 21011 /1/2005-Estt (A) (Pt-II) dated 14.05.2009, issued instructions regarding maintenance and preparation of Annual Performance Appraisal Reports. It was inter-alia stated therein that full APAR, including the overall grading and assessment of integrity, shall be communicated to the concerned officer. The new system of communicating entries in the APAR was made applicable prospectively with effect from the reporting period 2008-09.

Also check: Retirement of Government Employees on 31st March 2020

2. Subsequently, this Department vide O.M. No.21011/1/ 2010-Estt.A dated 13.04.2010 issued instructions regarding disclosure of below benchmark gradings in ACRs of the period prior to 2008-09, providing that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09, which would be reckonable for assessment of his fitness in such future DPCs, contain final grading which are below benchmark. for his next promotion, before such ACRs are placed before the DPC, the concerned employee will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication. It was clearly stated therein that only below benchmark ACR for the period relevant to promotion need be sent to the officer reported upon and there is no need to send below benchmark ACRs of other years.

3. References are being received in this Department from various Ministries / Departments seeking comments / views on disclosure of below benchmark ACRs of the period prior to 2008-09, which have already been considered by DPC prior to 13.04.2010, for promotion to a post/ grade, for a representation and holding review DPC after due consideration of such representation.

4. The matter has been considered in this Department and it is felt that acceding to the request for disclosure of below benchmark gradings in ACRs for the period prior to 2008-09 will open flood gates and a large number of employees, both serving and retired, may come up with a request for disclosure of their ACRs of old periods, resulting into administrative difficulties and chaos. It is, therefore, reiterated that only such below benchmark ACRs prior to the reporting period 2008-09 need to be disclosed to the officer reported upon for his representation, as are reckonable for assessment of fitness in future DPCs. In other words, below benchmark grading in the ACRs for the period prior to 2008-09 need not be disclosed to the officer reported upon, if the same are not reckonable for future DPCs.

5. This Department may be consulted in case of any deviation from the aforesaid instructions.

(Kabindra Joshi)
Director (E-II)

Download Order

Attendance report during lockdown from 20th April to 3rd March, 2020

Latest Central Government Employees News Today

Attendance report during lockdown from 20th April to 3rd May, 2020 – COVID-19

F.No. C-35021(1)/MF.CGA/ ADMN/2020/ 2006
O/O CONTROLLER GENERAL OF ACCOUNTS
MINISTRY Of FINANCE
DEPARTMENT OF EXPENDITURE

NEW DELHI,

Dated: 21.04.2020

OFFICE MEMORANDUM

Subject: Attendance report during lockdown ( 20.04.2020 to 03.05.2020) - reg.

With reference to the Ministry of Finance, D/o, D/o Expenditure OM No. A- 60011/21/2019-Ad.J dated 20.04.2020, all Jt. Controller General of Accounts are requested to arrange to provide attendance statement in respect of their verticals, in the following format so that a compiled report could be sent to M/o Finance:

Sl. No.

Unit / Section Name

Name of Officers/ Officials

Designation

Attendance statement may be sent to Administration positively by 1.00 P.M. on every working day at admn3-cga[at]gov.in.

Also read: Exemption to employees to mark biometric attendance in Aadhar Based Biometric Attendance System (AEBAS)

Attendance statement for 20th and 21st April 2020 may however kindly be sent by 3.30 P.M. today for onward submission of compiled report.

Also check: Request for relaxation in compassionate appointment – Deaths due to COVID-19

Sr. Accounts Officer (Admn)

Via: Central Government Employees News

Closure of Departmental Canteens - Preventive measures to contain the spread of COVID19

Closure of Departmental Canteens - Preventive measures to contain the spread of COVID19

Latest news for central govt employees today

No. 11013/9/2014- Estt. (AIII)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
20th April, 2020

OFFICE MEMORANDUM

Subject: Preventive measures to contain the spread of COVID-19 - Closure of Departmental Canteens.

It has been decided with the approval of competent authority that all the Departmental Canteens in Central Government Ministries / Departments / Offices shall be closed with immediate effect.

2. All the Ministries / Departments / Offices are requested not to open the canteens until further orders.

Latest DoPT Orders 2020

Also check: All Officers / Staff should wear Safety Mask at all times while in Office for the spread of COVID-19

(A.Bhattacharya)
Deputy Secretary

To

1. All the Ministries / Departments of the Government of India
2. PMO / Cabinet Secretariat
3. PS to MoS (PP)
4. PSO to Secretary(Personnel)
5. Sr.Technical Director, NIC, DoPT

Copy to:

1. Secretary, Ministry of Home Affairs, North Block, New Delhi.

Source: DoPT

Crucial date for determining the age-limit - Consolidated Instructions on procedure to be adopted for making appointments on deputation basis

Latest DoPT Orders 2020

Misc-14017/06/2019- Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 16th April, 2020

Office Memorandum

Subject: Consolidated Instructions on procedure to be adopted for making appointments on deputation basis - Crucial date for determining the age-limit - reg.

The undersigned is directed to refer to DoPT OM AB-14017/71/89- Estt.RR dated 03.10.1989 prescribing the procedure / guidelines to be followed in cases where appointment is to be made on deputation basis. The relevant para of the aforesaid OM, prescribing crucial data for determination of eligibility, reads as under:

6.1 Where a post is required to be filled by transfer on deputation (including short term contract) / transfer, it is normally laid down in the recruitment rules that officers holding posts in a particular scale of pay who have completed specified years of regular service in the scale are eligible to be considered. The crucial date for determination of eligibility will be as follows:


i) In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry / Departments / Organization responsible for making appointment to the post i.e. originating Ministry etc.

ii) In the case of an anticipated vacancy the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.

Revised Rotational Transfer Policy applicable to CSS officers

2. These instructions were subsequently modified vide DoPT OM No AB.14017/49/92- Estt. (RR) dated 15.06.1993, to provide for the crucial date for determination of eligibility in cases of composite method of recruitment. Clarifications on the subject have also been provided in the replies to Frequently Asked Questions (FAQs), issued from time to time.

3. The Appointments Committee of the Cabinet (ACC), while considering a case of appointment on deputation basis, observed that some Ministries/ Departments were not adhering to the aforesaid instructions on determination of eligibility and the crucial date for appointment on deputation basis.

4. Accordingly, the instructions regarding crucial date for determination of eligibility for appointment on deputation basis and through the composite method (deputation / promotion), as provided in OMs dated 3.10.1989 and 15.6.1993, are hereby reiterated, with further advice to all Ministries / Departments to strictly adhere to these guidelines while making appointments to various posts under their administrative control.

(Shukdeo Sah)
Under Secretary to the Govt. of India

Source: DoPT