MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES & PENSIONS
(Department of Personnel
& Training)
NOTIFICATION
New Delhi, the 28th
February, 1990
CCS (Redeployment of
Surplus Staff) Rules, 1990
G.S.R.
99(E) - In exercise of the powers conferred by the proviso to Article 309 of
the Constitution and in supersession of the Redeployment of Surplus Staff
against vacancies in the Central Civil Services and Posts (Group 'C')
Rules,1967, the Redeployment of Surplus Staff against vacancies in the Central
Civil Services and Posts (Group 'D') Rules, 1970, the Redeployment of Surplus
Staff against vacancies in the Central Civil Services and Posts (Groups' A' and
'B') Rules, 1986, and the Redeployment of Surplus Staff in the Central Civil Services and Posts
(Supplementary) Rules, 1989, except as respect things done or omitted to be
done before such supersession, the President hereby makes the following rule
for regulating the redeployment and readjustment of surplus staff against
vacancies in the Central Civil Services and Posts, namely:-
1. Short Title and Commencement.-
( l ) These rules may be called the Central Civil Services (Redeployment of
Surplus Staff) Rules, 1990.
(
2 ) They shall come into force on the date of their
publication in the Official Gazette.
2. Definitions:-In these rules,
unless the context otherwise requires-
(a) 'Appendix' means
Appendix to these rules;
(b) 'Cell' means,
(i) in relation to the
surplus staff belonging to Groups 'A ' 'B' and 'C', the Central (Surplus Staff)
Cell in the Department of Personnel and Training, Ministry of Personnel, Public
Grievances & Pensions, and
(ii) in
relation to Group 'D' surplus staff, the Special Cell in the Directorate
General of Employment and Training, Ministry of Labour;
(c) 'Commission' means
the Union Public Service Commission;
(d) 'Controlling
authority' means the authority competent under the rules regulating recruitment
to a Central Civil Service or Post to take a decision for and initiate the
process of filling of a vacancy in that service or post;
(e) 'Readjustment' means
the appointment of an ex-surplus employee, though already deployed to another
post, in accordance with these rules;
(f) 'Redeployment' means
the appointment of a surplus employee against a vacancy in a Central Civil
Service or post in accordance with these rules;
(g) 'Surplus staff and
surplus employee or employees' means the Central Civil Servants (other than
those employed on ad hoc, casual, work-charged or contract basis) who-
(a) are permanent or, if temporary, have rendered
not less than five years' regular continuous service; and
(b)
have been rendered surplus along with their posts from
the Ministries, Departments, Offices of the Government of India, as a result
of-
(1)
administrative
and financial reforms including inter-alia, restructuring of an organization,
zero base budgeting, transfer of an activity to a State Government, Public
Sector Undertaking or other autonomous organisation, discontinuation of an
on-going activity, and introduction of changes in technology; or
(2) Studies of work
measurement undertaken by the Staff Inspection Unit of the Ministry of Finance
or any other body set up by the Central Government or the Ministry/Department
concerned; or
(3) Abolition or winding
up either in whole or in part of an organisation of the Central Government;
(h) 'Rolls' mean the
list of surplus staff currently under redeployment or readjustment through the
Cell.
3. Reporting of Vacancies to the Cells:
(1) Vacancies in the
Central Civil Services and Posts in Groups 'A' and 'B'-
(i)
The controlling authority in respect of a Group' A' or Group 'B' Service or
post in which any vacancy is to be filled up by direct recruitment through the
Commission (otherwise than on the basis of a competitive examination) shall
while sending requisition for the purpose to the Commission, also
simultaneously send a copy thereof to the Cell.
(ii)
The Commission shall not entertain a requisition placed for the purpose unless
it indicates that a copy thereof has simultaneously been sent to the Cell and
shall take action for recruitment to the posts notified to the Commission in
the usual manner only if -
(a)
no recommendation is received by it from the Cell within a period of 15 days
from the date of receipt of the requisition in its office sponsoring the
surplus employees for appointment against such vacancies, or
(b)
the candidate(s) recommended for consideration by the
Cell is (are) not found suitable by the Commission for appointment to the
post(s) in question.
(iii)
Where a post is to be filled up by transfer in consultation with the
Commission, the controlling authority in respect of the post shall first
intimate the vacancy to the Cell, who, if it has a surplus employee on its
rolls who is prima facie suitable for appointment thereto, shall sponsor him to
the Commission, under intimation to the controlling authority concerned, for
being considered for absorption against the post in question. Such a post will
be circulated only if (a) the Cell communicates the non-availability of a suitable
surplus employee from its rolls to sponsor for absorption in it, or (b) the
Commission holds the surplus employee sponsored by the Cell to be unsuitable
for appointment to the post.
(iv)
All vacancies in Central Civil Services and posts in Group A and 'B', which
are to be filled by direct recruitment or by transfer but otherwise than
through the Commission, shall first be reported to the Cell and shall be filled
from amongst the surplus staff, unless the controlling authority of the service
or post in question has ascertained from the Cell that they have no suitable
persons from amongst the surplus staff available with them for being nominated
against the particular post.
(v)
The provisions contained in sub-rule (1) shall not apply to the posts and services
under the administrative control of-
(a)
the Departments of (i) Atomic Energy, (ii) Space, (iii) Electronics, (iv)
Indian Audit and Accounts, (v) Railways (excluding the posts located in the
Headquarters Offices of the Railway Board);
(b)
the Ministry of Defence (lower field formations other
than the Defence Research and Development Organization);
(c)
the various security and para-military organisations
under the Ministries of Home Affairs and Defence, and Cabinet Secretariat:
Provided
that this shall not debar the controlling authority of such services or posts
to request the Cell to sponsor suitable surplus employees, and to appoint them.
(2) Vacancies in the
Central Civil Services and Posts in Group C and 'D'-
(i)
All vacancies in the Central Civil Services and Posts in Groups 'C' and 'D'
except those covered by clause (iii) of this sub-rule and clause (a) of
sub-rule (4), shall be filled from amongst the surplus staff sponsored by the
concerned Cell.
(ii)
The Government departments or offices may fill vacancies in accordance with the
normal procedure only after ascertaining from the concerned Cell that they have
no suitable persons from amongst the surplus staff available with them for the
particular post.
(iii)
The vacancies of the following categories need not be reported to the Cell
concerned-
(a)
those to be filled by transfer on deputation;
(b)
those to be filled on ad-hoc or short term basis,
appointments to which have no prospects of being continued indefinitely and
being finally regularized;
(c)
those to be filled by promotion, where eligible
candidates having prescribed qualifications for promotion are available in the
feeder cadre(s);
(d)
those located in the Ministries or Departments,
referred to in sub-clauses (a) and (b) of clause (v) of sub-rule (1);
(e) those located in the
organizations referred to in sub-clause (c) of clause (v) of sub-rule (1) which
are to be filled otherwise than through open recruitment;
(f)
those in posts on the personal staff of a high
dignitary, appointment to which is to be made at the discretion of such
dignitary;
(g)
those to be filled by appointment on compassionate
grounds of the dependant(s) of deceased Government servants;
(h)
those in the Central Secretariat Service, Central
Secretariat Stenographers Service and the Central Secretariat Clerical Service;
(i)
those being utilised for making appointments under
sub-rule (6) of rule 4 and rule 12.
(3) Withdrawal of
vacancies
No
vacancy which has been reported to the Cell and against which a surplus
employee has been either nominated by the Cell or, in the case of a vacancy
reported under clause (i) or (iii) of sub-rule (1) above, recommended by the
Commission, shall be withdrawn:
Provided
that where the withdrawal of such a vacancy is considered necessary, request
for it shall be made by, or with the express approval of, the Secretary of the
Administrative Ministry, giving reasons for the same:
Provided further that in the case of any doubt or
controversy regarding the need or propriety of withdrawing the vacancy, the
administrative Ministry or Department shall abide by the decision of the
Department of Personnel and Training.
(4) Selective reporting
of vacancies to the Cells;
Notwithstanding anything
contained in sub-rules (1), (2) and (3), the concerned Cell may issue
instructions that,-
(a)
the Ministries and Departments need not report vacancies in certain posts,
grades, services or regions, as may be specified, to the Cell either for any
specific period or till further instructions to the contrary are issued, and
(b)
vacancies existing in particular posts, grades,
services or region at any point of time should be reported to it, and should
not be filled up through any other modes including those prescribed in the
Recruitment Rules, except after obtaining a specific clearance from the Cell
aforesaid.
4. Redeployment of Surplus Staff:
(1)
Against vacancies in Groups A' and B' Services or
posts-
(i)
The surplus employees recommended by the Cell will be entitled to first
priority for appointment to the vacancies in Groups A' and 'B' Services or
posts filled by direct recruitment including those filled through the
Commission (otherwise than on the basis of a competitive examination held by
the Commission), or by transfer:
Provided
that they are found suitable by the Commission or other prescribed authority
and no suitable disabled defence services personnel are available with them for
appointment to such vacancies.
(ii)
The Cell shall recommend to the Commission the name of surplus employee who,
for the time being, is borne on its rolls, for being considered for appointment
to a specific post, wherein the vacancy has been notified to the Commission and
to the Cell, and for appointment to which the surplus employee concerned appears
to the Cell to be prima facie suitable, having regard to the scale of pay
attached to the post and the one held by him, his qualifications and the
relevance of his previous experience.
(iii)
The Cell may recommend more than one surplus employees on its rolls for being
considered for appointment to a post for which each of them seems to it to be
prima facie suitable for appointment.
(iv)
The Commission may consider any surplus employee whose bio-data has been
referred to it by the Cell, for appointment to a post, even if he has not been
specifically recommended by the Cell for that post provided (a) the post in
question carries the same scale of pay or has the same maximum of the pay scale
as the one held by him, (b) the surplus employee is found suitable for
appointment to such post in preference to the other posts for which his
candidature may have been sponsored by the Cell, and (c) he does not suffer
from any of the disabilities mentioned in clause (v) of this sub-rule.
(v)
The Cell shall not recommend the name of a surplus employee to the Commission,-
(a)
if on being sponsored by the Cell he has already been recommended by the
Commission for appointment to a post in a Central Government Department
carrying a pay scale not lower than his existing pay scale;
(b)
if he has joined another post in the meantime, whether
on redeployment through the Cell, or otherwise, or has asked for reversion to
another continuing post on which he holds a lien;
(c)
if he is due for superannuation within six months from
the date of his transfer to the rolls of the Cell;
(d)
if his services are terminated or he is to be retired (including premature or
voluntary retirement on the basis of a notice given by the surplus employee) or
discharged from service or otherwise ceases to be on the rolls of the Cell on
any date before the expiry of six months from the date of his transfer to the
rolls of the cell;
(e)
for absorption in a post which lies outside the
parameters of placement laid down in Rule 5.
(vi) The
Commission may, in its discretion, consult the confidential reports written
earlier on a surplus employee or, if necessary, call him for interview to
determine his suitability for appointment to a post but shall not subject him
to a written test for this purpose.
(vii)
The Commission may, in its discretion, relax the educational qualifications,
experience, etc., prescribed for recruitment to a service or post, in respect
of any member of the surplus staff sponsored by the Cell for appointment to
such service or post, if the surplus candidate is otherwise considered by them
to be suitable for appointment to the service or post in question.
(viii)
The Commission shall, as far as possible, finalise and communicate to the Cell
its assessment of suitability or otherwise of a surplus employee recommended by
the Cell for a post within one month from the date of receipt of such
recommendation in its office.
(2) Against vacancies in
Groups 'C' and 'D' Services or posts-
(i)
The surplus staff nominated by the Cell shall enjoy first priority for
appointment against a vacancy, after the disabled defence services personnel.
(ii)
The surplus staff sponsored by the concerned Cell for redeployment against
vacancies in Group 'C' or Group 'D' Central Civil Services and posts, as the
case may be, shall not be subject to any tests or interviews for the purpose of
appointment, unless otherwise decided by, or in consultation with, the Cell
concerned.
(iii)
The surplus staff shall not be ineligible for appointment in the recipient
organisation on the ground that they do not possess the minimum educational
qualifications prescribed for the posts to which they are redeployed by the
Cell except in cases where certain minimum technical qualifications are
prescribed for a particular post:
Provided
that where a surplus employee is already holding an equivalent post with
substantially identical duties on a regular basis, he will not be treated as
unsuitable for appointment to a post, merely on grounds of not possessing the
educational or technical qualifications prescribed for appointment thereto, if
he has satisfactorily completed probation therein, or if he was not required to
be placed on probation, his performance therein during the preceding period of
not less than two years has been reported to be satisfactory.
(iv)
If the Cell in the Department of Personnel and Training, on review of the
vacancies reported to it, comes to the conclusion that it may not be possible
for it to arrange a suitable placement in a Group 'C' post, it may, as far as
possible with prior intimation to the Cell in the Directorate General,
Employment and Training, nominate a Group 'C' surplus employee for appointment
to a vacancy in a Group 'D Service or post, and in that case, these rules
shall apply to such nomination, as are applicable to the nomination of a Group
D surplus employee made by the Cell in the said Directorate General:
Provided
that where nominations are made by the Department of Personnel and Training as
well as by the Directorate General, Employment and Training, for the same
vacancy, the recipient organisation shall act upon the nomination received by
it first and shall inform the other organisation to divert its nomination
elsewhere.
(3) Redeployment of surplus officiating employees-
(a)
An employee, who is officiating in a post declared surplus shall be eligible
for redeployment to a post as per clause (i) of sub-rule (1) of rule 5,
provided that,-
(i) he was appointed to
such post through the regular process of promotion or transfer and there was,
in the ordinary course, no prospect of his reversion from it within a period of
six months from the date from which he is declared surplus;
(ii) he does not, suo
motu, opt for being reverted to a post on which he holds a lien; and
(iii) he is not due for superannuation,
and has not asked for being allowed to retire under the rules applicable to him
from a date within the aforesaid period of six months.
(b)
A surplus officiating employee shall revert to the post on which he holds a
lien, whether administrative or substantive (unless such post has already been
abolished or declared surplus) at the expiry of a period of six months from the
date from which he was declared surplus, if no placement in an appropriate post
can be arranged for him within such period, or he refuses to accept the
placement arranged for him, or fails to join such placement within the joining
time allowed by the authority under whom such placement is located.
(c)
The provisions of clauses (a) and (b) above shall not be applicable to the case
of an employee who has satisfactorily completed his probation in the post held
by him or was, under any general or special orders of the competent authority,
exempt from being placed on probation on such officiating appointment.
(4) Determination of suitability of surplus employees for appointment
to posts other than those filled through the Commission-
The following authorities shall have the
power to determine the suitability of surplus staff for appointment to the
posts, filled otherwise than through the Commission, as shown below, where
necessary by relaxation of the qualifications, experience, etc., prescribed
under the relevant recruitment rules:
(a)
The Department of Personnel and Training in respect of employees nominated
against,-
(i) vacancies in Groups 'A' and 'B' Services and
posts reported under clause (iv) of sub-rule (1) of Rule 3, and
(ii)
vacancies in Group 'C' Services and posts except those located in the
Ministries, Departments, etc., mentioned in clause (v) of sub-rule (1) of Rule
3; and
(iii) vacancies in Group 'D' Services and posts
utilized under clause (iv) of sub-rule (2) of this rule for redeployment of
Group 'C' surplus staff.
(b)
The Ministry or the Department concerned in respect of employees nominated
against vacancies in the Ministries, Departments, etc., mentioned in clause (v)
of sub-rule (1) of Rule 3.
(c)
The Directorate General, Employment and Training, Ministry of Labour, in
respect of Group 'D' employees nominated against Group 'D' Services and posts,
other than those referred to in clause (iv) of sub-rule (2) above.
(5) Appointment of
surplus employees recommended by the Commission or Cell :
(i)
The administrative Ministry or Department shall, on receipt of the
recommendation made by the Commission or nomination made by the Cell, for
appointment of a surplus employee to a post or service for which a requisition
had earlier been placed upon the Commission or the Cell, as the case may be,
take immediate action to issue the orders of appointment to the surplus
employee concerned under advice to the Cell and where relevant, the Commission.
(ii)
The appointing authority of the recipient organisation shall make an offer of
appointment forthwith on the terms and conditions regulating redeployment of
surplus staff and shall not impose any contrary conditions of its own, except
where required under a law, without prior consultation with the Cell:
(iii)
The recipient organisation shall accept a surplus employee, who in the absence
of a response or reaction from it within one month, is relieved by the parent
organisation on the direction issued by the Cell concerned.
(6) Absorption of
surplus staff within the Ministry or Department-
Notwithstanding
anything contained in sub-rules (2), (3), (4) and (5), and subject to the
provisions of Rule 12, the Ministry or Head of Department may, under intimation
to the concerned Cell, adjust an employee declared surplus by it against a
vacancy (if any available at the time he is declared surplus or before he is
redeployed through the Cell) in any post located in any office under its
control and carrying equivalent pay scale for appointment to which he is
considered by the appointing authority to be suitable.
(7) Conclusion of action for
redeployment of a surplus employee-
The action for
redeployment of a surplus employee shall be deemed to have been concluded on
the date on which,-
a) he is relieved to
join another post, in the same or another Department or organisation, whether
arranged through the Cell or otherwise; or
(b)
his request for termination of services or resignation
or voluntary or premature retirement is accepted.
5. Determination of placement:
(1) (i)
As far as possible, a surplus employee shall, subject to his
suitability, be redeployed in a post carrying a pay scale matching his current
pay scale.
(ii)
For the purpose of clause (i), a matching pay scale shall mean a pay scale the
maximum of which is equal to that of the pay scale of the surplus employee, and
the minimum of which is not higher than the basic pay (including the stagnation
pay) which the surplus employee is in receipt of at the time of making his
nomination.
(2) Where a suitable
vacancy in a post carrying matching scale of pay is not available, the surplus
employee may be redeployed in a post carrying a non-matching pay scale:
Provided that,-
(i)
the maximum of the pay scale of such post does not exceed the maximum of the
pay scale of the surplus employee by more than 10 per cent; and
(ii) such post is not
lower than the post which forms, or would ordinarily form, the next lower rung
in the promotional ladder for the incumbents of the post of the level currently
held by the surplus employee:
Provided, further,
that,-
(i)
a surplus employee who is sponsored or nominated against a post carrying a pay
scale with a higher maximum, in terms of clause (i) of the first proviso above
should either have the qualifications, as prescribed for appointment to the
post by direct recruitment or by transfer, or should have been successfully performing
in his parent department the duties attached to such post; and
(ii)
when redeployed in a post carrying a lower scale of pay, the surplus employee
shall be permitted to carry his current pay scale along with him to the next
post but this benefit shall not be extended where, despite availability of a
post in a matching or a higher pay scale, a person is redeployed in a post
carrying a lower pay scale at his own request.
(3) Where a surplus
employee is drawing pay in a pay scale different from those prescribed under
the Central Civil Services (Revised Pay) Rules, 1986, the administrative
Ministry shall while reporting the particulars of such employee to the
concerned Cell for arranging his redeployment, or as soon as may be thereafter,
also communicate to the Cell, the pay scale under the aforesaid rules,
corresponding to his pay scale, as may be determined in consultation with the
Ministry of Finance having regard to the duties and responsibilities attached,
and qualifications prescribed for appointment to the post held by him. For the
purpose of his placement under this rule and under Rule 6, the employee will be
deemed as borne on such corresponding pay scale of the said Revised Pay Rules,
as determined under this rule.
6. Readjustment of Redeployed Surplus Staff:
(1) A surplus
employee who has already been redeployed shall not be eligible to seek
readjustment, except in the following cases:-
(a)
when redeployed, otherwise than at his own request,-
(i)
in a post carrying a pay scale lower than the pay scale on which he was borne
at the time of being declared surplus; or
(ii)
in a post carrying a lower classification than that of
the post held by him at the time of being declared surplus; or
(iii)
in the case of an employee whose maximum of pay scale, as per the Central Civil
Services (Revised Pay) Rules, 1986, did not exceed Rs. 2,900/-, in a State
other than the State(s) in which he had requested for his placement to be
arranged while awaiting redeployment and, in the absence of such request, the
State in which he was posted at the time of being declared surplus:
Provided
that he is not, in the ordinary course, eligible to seek intra-departmental
transfer to such State(s) of choice or posting, as the case may be:
Provided,
further, that he does not fall under the category which have "All India
Transfer Liability";
(b)
if his case falls into any other class of cases, as
may be specified by the Central Government by an order as being eligible for
seeking readjustment under these rules.
(2) A redeployed
employee, who in terms of sub-rule (1) is eligible to seek readjustment, shall
exercise an option in favour of such readjustment in the form given in the
Appendix and shall transmit the same to the Department of Personnel and
Training (Surplus Cell) or - in the case of Group 'D' employees - to the
Directorate General of Employment and Training, New Delhi, through his Head of
Office within two months from the date of joining the post in which he has, for
the time being, been redeployed.
(3) In the event of the
option being found acceptable, the existing redeployment of the employee shall
be treated as provisional and the employee concerned shall, notwithstanding
anything to the contrary contained in the definition of the term 'Surplus
Staff', be treated notionally to be a surplus employee awaiting final
redeployment.
(4) The readjustment
shall be subject to the following further conditions:-
(a)
The surplus employee shall have no claim to count his past service, including
that rendered in the post of his provisional redeployment, towards fixation of
seniority in the post in which he is readjusted.
(b)
The action for readjustment shall be treated as concluded:-
(i)
on the expiry of six months (excluding the period of
suspension/disciplinary proceedings, if any) from the date on which the option
for readjustment is exercised; or
(ii)
on such earlier date on which an order of appointment to a post carrying a
matching scale of pay and/or equivalent classification in respect of those
covered by sub-clauses (i) and (ii) of clause (a) of sub-rule (1) above, and in
the appropriate State, in respect of those covered by sub-clause (iii) thereof,
is made to the employee; or
(iii)
if the employee withdraws option for readjustment or tenders resignation or
gives notice for voluntary retirement or retires or otherwise ceases to be in
service; and, -
(iv)
in the case of an employee who is placed under
suspension or becomes the subject of disciplinary proceedings against him,
during the period of such suspension or currency of disciplinary proceedings,
as the case may be.
(c)
Readjustment shall be only against a vacancy available in a Central Ministry,
Department or subordinate office and reported to the concerned Cell.
(d)
A surplus employee already redeployed in a post carrying a higher pay scale may
be readjusted in a post carrying a pay scale matching his original pay scale
and shall have no claim for being readjusted in a post carrying such higher pay
scale nor shall he be entitled to protection of such higher pay scale in the
new post.
(e)
A surplus employee redeployed in a post carrying a lower pay scale who seeks
readjustment under sub-clause (i) or sub-clause (iii) of clause (a) of sub-rule
(1) above shall be eligible for protection of status in terms of Department of
Personnel and A.R.'s O.M. No. 1/15/84-CS. III dated 3-9-1984, if finally also
he is readjusted in a post carrying a lower classification but shall not be
eligible to seek further readjustment on that account.
(f)
The surplus employees awaiting initial redeployment shall have prior claim to
adjustment against the vacancies reported by the Ministries/Departments/Offices
to the Department of Personnel and Training or the Directorate General of
Employment and Training, as the case may be, and the possibilities of
adjustment of the provisionally redeployed employees shall be explored against
the remaining reported vacancies which have not already been permitted to be
filled through the normal channels of recruitment.
(g)
No request for adjustment in a particular district or town or department or
post shall be entertained.
(5) The appointment of
an employee by way of readjustment in terms of these rules shall be treated as
appointment by transfer in public interest for the purposes of grant of Transfer
Travelling Allowance, joining time and joining time pay.
(6) The benefits of
protection of permanent status and of past service shall be admissible to an
employee on readjustment under these rules on the same terms, as to a surplus
employee on his redeployment.
(7) The vacancies
reported to the Cell in question under Rule 3 may be utilized by the
appropriate Cell for readjustment of redeployed staff in terms of these rules,
if there is no suitable surplus employee for being nominated or sponsored there-against
at the relevant time.
(8) The provisions
contained in Rules 4 [except sub-clauses (a) and (b) of clause (v) of sub-rule
(1) and sub-rule (7) thereof]; 5, 7, 8, 9 and 10 of these rules shall also
apply in respect of readjustment of redeployed surplus employees.
(9) The acceptance of
the option of an employee for readjustment shall not per se confer any immunity
upon him from undergoing any training, passing any departmental test or
performing any duties as may be required of him by the rules applicable to the
post held by him, or under the order of the competent authority, in the office
of provisional redeployment.
7. Age-limit: The upper
age limit shall not apply in the case of a surplus employee appointed under
these rules.
8. Medical Examination: The surplus staff redeployed by the Cell shall
not be required to undergo fresh medical examination unless different medical
standards have been prescribed for the post in the recipient organization or
unless the person concerned had not been medically examined in respect of his
previous post or, if examined, had been declared medically unfit.
9. Fixation of pay and Seniority, Counting of
Previous Service for various Other Purposes and Carrying over of Lien/
Classification: The
fixation of seniority and pay of the surplus employee and counting of his
previous service for various other purposes and carrying over of
lien/classification in the new post to which he is appointed on redeployment
under these rules shall be regulated in accordance with the instructions issued
from time to time by the Government of India in this behalf.
10. Amendment of Recruitment Rules:
All rules regulating the
recruitment of persons to the Central Civil Services and posts shall be deemed
to have been amended to the extent as provided for in these rule.
11. Imparting of Training to Surplus Staff in
certain cases:
(1) If the authority in
charge of a Cell is of the opinion that a surplus employee cannot be usefully
redeployed unless he is given training in certain additional skills, it may
nominate him to a suitable course of training.
(2) During the period of
training the employee shall continue to be borne on the Surplus Staff
Establishment of his parent organisation and shall be paid pay and allowances
at the rates already admissible to him.
(3) During training the
surplus employee shall abide by the directions of the training authority,
including those for his staying in hostel in the case of a residential course.
(4) Notwithstanding that
a surplus employee is on training, the Cell may nominate him or sponsor his
candidature for any suitable post, and on receipt of offer or orders of
appointment, he may, at any stage during the course, be relieved to join the
post.
(5) In the event of
refusal to join the training course or failure to join the same, without
providing proper justification therefore, action shall be taken to abolish his
surplus post forthwith.
12. Retransfer of a former surplus employee to his
original service, cadre or group of posts after or pending redeployment:
(l) Notwithstanding
anything contained in sub-rule (2) of Rule 4, if a regular and long-term
vacancy arises in a service, cadre or group of posts, in Group 'C' or 'D', it
shall first be offered to the employee or employees declared surplus therefrom
during a period of one year preceding the date of occurrence of the vacancy,
who has/have been redeployed or readjusted elsewhere or is/are awaiting
redeployment.
(2) If more than one
such redeployed personnel (including those readjusted and those awaiting
redeployment on the rolls of the concern Cell) opt for being absorbed against
such vacancy, the optant who would have been the seniormost amongst them in the
service, cadre or group in question, but for having been declared surplus,
shall be appointed thereto.
(3) On such
re-appointment, the appointee shall be restored his seniority in the service,
cadre or group, as was enjoyed by him therein prior to his being declared
surplus.
(4) The re-appointment
in such cases shall be treated as transfer at own request in the matter of
admissibility of Transfer Travelling Allowance and joining time pay.
(No.
1/14/89-CS.III)
A.S. TANEJA,
Director
APPENDIX
FORM OF OPTION FOR
READJUSTMENT
[ See Rule 6 (2) ]
I,
-----------------------------------, hereby exercise option for readjustment in
terms of Rule 6 of The Central Civil Services (Redeployment of Surplus Staff)
Rules, 1990 and furnish below the relevant information for the purpose:
1. Name (as given in the
Service Book)
2. Father's Name
3. Date of Birth
4. Date of
superannuation
5. (a)
Office in which employed at the time
of being declared surplus
(b)
Post held when declared surplus
(c)
Pay scale of the post
(d)
Classification of the post held
[Group'
A' /'B' /'C/D]
(e)
Status
[Permanent
/Quasi Permanent/Temp/Officiating]
(f)
Category
[Scheduled
Castes/Scheduled Tribes/OBC/Ex-serviceman/Handicapped personnel]
6. Date from which
declared surplus
7. Particulars of
Office/Post in which redeployed
(a) Name and address of
office
(b) Date of joining the
office
(c) Post joined
(d) Pay scale of the
post
8. Present Address
Permanent:
Office
Address:
9. Information relevant
to the reasons for seeking readjustment:
(A) In a case of
redeployment in a post carrying a lower pay scale (otherwise than on own
request)-
Pay
scale attached to the post
1 2
held at the time of in which
redeployed
being declared surplus
(B) If a case of
redeployment in a post carrying lower classification-
(i)
Nomenclature of the post held in parent
office
(ii)
Whether it was classified as Group
'A'/'B'/'C'/'D'
(iii)
Nomenclature and classification of the post
in which redeployed
(iv)
Whether facility of protection of
classification-status availed of under D.P. & A.R., O.M. No. 1/15/84-CS.
III dated 3-9-1984; if not, reasons therefor-
(C) If a case of
redeployment in a State other than the one in which posted at the time of being
declared surplus, or the one indicated for arranging placement in, when
awaiting redeployment [available only in the case of Group 'D'/Group 'C' and
such Group 'B' employees whose maximum of pay scale (including personal pay
scale where allowed) as per CCS (Revised Pay) Rules, 1986, does not exceed Rs.
2,900/-]
(i)
Station at which posted at the time of
being
declared surplus and the State/UT
in
which it is located
.
..
(ii)
Station at which posted on redeployment
and
the State/UT in which it is located
.
(iii) Whether any
request was made to the
concerned
cell for arranging redeployment
in
any particular States; if so, name the State/UT in
which
redeployment was requested. Furnish details
of
reference made to the Cell in this regard
..
(iv) (a)
Whether the post of redeployment
is an isolated post or
forms part of a cadre/service
.
(b)
In the latter case, whether the cadre/service
has no post located in the
State referred to in (iii) or
alternatively (i) above (as
applicable) to
which the applicant can be
transferred
intra-departmentally
in the normal course.
..
2. I understand that my
past service including that rendered in the post at present held by me, shall
not count towards fixation of seniority in the post in which I am readjusted.
3. 1 also understand that the action for readjustment shall stand
closed in any of the circumstances mentioned in clause (b) of sub-rule (4) of
rule 6 ibid.
Signature
Date:
Name of the Optant
Station: Present
Designation
..
Office address
.
No
Date
Certified
that the above-mentioned official was appointed to this organisation on
redeployment from the Central (Surplus Staff) Cell of the Department of
Personnel and Training/Special Cell of the Directorate General of Employment
and Training in terms the Scheme for Redeployment of Surplus Staff.
2. The particulars furnished by the
official, as above, have been verified with reference to the records available
in this office and have been found to be correct.
3. In case of readjustment under column 9
(C) above:
The
employee in question cannot be transferred intra-departmentally to the State
indicated in sub-column (iii) and alternatively in sub-column (i) of column 9
(C) in the proforma above.
4. The option was received in this
Department/Office on (Date)----- (Month)------- (Year)---------His eligibility for
readjustment in terms of Rule 6 of the Central Civil Services (Redeployment of
Surplus Staff) Rules, 1990, has been verified and accordingly his option for
readjustment is forwarded for necessary action.
(Signature of
Head of Office)
Station:
Name and Designation
Phone No.:
Telegraphic Address (if
any):
Office Address -----------
Office Stamp
(Strike whichever is not applicable)