Determination of Seniority when posts are merged

Determination of Seniority of employees when Posts/grades merged as per 6th CPC recommendations

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

One Comment

  1. Respected Sir,
    I am working in Ministry of Defence, as a Junior Design Officer and I have honored with a promotion in the pre revised scale of Rs.7450/- on 29 Jul 2010, but as per existing combined draft seniority list I have been placed under a person who was promoted in Rs.6500/- after 1.1.2006, in our cadre there is qualifying criteria for Rs.6500/- (lower) to Rs.7450/-(higher) (Departmental Qualifying Examination) in which I have qualified for higher and promoted against pre-revised scale of Rs.7450/-, but it is my bad luck that I have been placed under an unqualified person. Each and every occasion my DPC refers the 13 Sep 2012 letter for merging but in which it is very much referred for amendment in RR, so far our RRs have not been amended so far as on date and promotions are still continuing in both the pay scales Rs.6500/-& Rs.7450/- separately, but maintaining a combined seniority list, which is not digestible, Sir I want to know a DOP&T order DOP&T , Dy No.3505/CR/2009-Estt(RR) dated 13.08.2009, what is the order if you can solve my problem it will be very grateful, the other side a case of up gradation of Junior Design Officers pay scale in from Vth CPC (Rs. 7500/-) is pending since 1996. CAT Hyderabad and High court has given their Verdict in favor to implement the pay scale of Rs. 7500/- from 1996 but DCP not honored the pay and recently after the VIth CPC, Department gone to Honorable Supreme Court against the verdicts of CAT and High court. In our cadre the most unfortunate is CR, since last 40 years Department has not done the Cadre Review, with case pending at honorable Supreme court the cadre review is about to submit by 10th Oct this month with indicating GP Rs.4600/- instead of Rs.4800/-.
    In view of the above kindly support for the following:-
    (a) Where should be my Seniority stands according to you?
    (b) Whether without amending Recruitment Rules merging is possible or not?
    (c) Please let me have a copy Dy No.3505/CR/2009-Estt(RR) dated 13.08.2009.
    Regards & Thanks
    Yours sincerely
    T Satya Narayan

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