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Determination of Seniority

This Office Memorandum from the Government of India outlines the principles for determining the seniority of individuals appointed to Central Government services and posts. It compiles relevant instructions and clarifies the seniority rules for direct recruits and promotees, including the impact of reservation policies for SC/ST candidates. The document serves as a comprehensive guide, eliminating the need to reference previous orders on the subject.

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0% found this document useful (0 votes)
83 views16 pages

Determination of Seniority

This Office Memorandum from the Government of India outlines the principles for determining the seniority of individuals appointed to Central Government services and posts. It compiles relevant instructions and clarifies the seniority rules for direct recruits and promotees, including the impact of reservation policies for SC/ST candidates. The document serves as a comprehensive guide, eliminating the need to reference previous orders on the subject.

Uploaded by

M V R K Prasad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 16

No.

DOPT-1667564806251
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT.(Estt. D)
******

(Dated 16 September, 2022 )

OFFICE MEMORANDUM

Determination of seniority

Determination of 'Seniority' of persons appointed to Services and Posts under the Central
Government.

Note:-

(i) This document is a compilation of all relevant instructions on the subject of “determination
of seniority in Central Civil Posts and Service” and therefore is intended to serve as the guide
without the need, for anyone to refer to old OMs issued from time to time. The list of such OMs is
given in Appendix to this document. In case any reference to the relevant OM is required, the same
may be accessed from Archive Section of DOPT’s Website.

(ii) While due care has been taken to compile this document, however, if any omissions or
correction are noticed, the same may be brought to the notice of the Department of Personnel &
Training.

1 Instructions for determination of seniority in Central Civil Posts/Services have been issued
from time to time. These principles shall apply to the determination of seniority in Central Civil
Services and Civil Posts except for such Services and Posts where separate principles have already
been laid down or may be issued by the Government. The following paragraphs indicate the
principles for determining seniority of persons appointed to services and posts under the Central
Government:-

OM No: No. 9/11/55-RPS Dated: 22/12/1959

2 Seniority of Direct Recruits and Promotees

2.1. Seniority of Direct Recruits

2.1.1 The relative seniority of all direct recruits is determined by the order of merit in which they
are selected for such appointment on the recommendations of the U.P.S.C. or other selecting
authority, persons appointed as a result of an earlier selection being senior to those appointed as a
result of subsequent selection. The relative seniority that used to be determined earlier according
to the date of confirmation and not the original order of merit, (in case where confirmation was in
an order different from the order of merit indicated at the time of their appointment), in accordance
with the general principles of seniority, has been discontinued w.e.f. 4.11.1992. The general
principles of seniority therefore stands modified to that extent.

OM No: No. 22011/7/86-Estt(D) Dated: 3/7/1986

OM No: No. 20011/5/90-Estt(D) Dated: 4/11/1992


2.1.2 Inter-se seniority of candidates Appointment from the Reserve panel at a later date:

The inter-se seniority of candidates nominated from reserve panel will be fixed as per
consolidated merit given by Union Public Service Commission (UPSC)/Staff Selection Commission
(SSC)/ Recruiting agency (RA). However, following instructions would apply in operating or
requesting for nominations from the reserve panel:-

i. UPSC, wherever possible, maintains a reserve panel of candidates found suitable on the
basis of selections made by them for appointment on direct recruitment basis and the
reserve panel is operated by the UPSC on a request received from the requisitioning
Ministry/Department concerned.

ii. Where a selection has been made through UPSC, a request for nomination from the
reserve list, if any, may be made to the UPSC in the event of occurrence of a vacancy caused
by non-joining of the candidate within the stipulated time allowed for joining the post or
where a candidate joins but he resigns or dies within a period of one year from the date of his
joining, if a fresh panel is not available by then. Such a vacancy should not be treated as a
fresh vacancy.

iii. Where selections for posts under the Central Government are made through other
recruiting agencies such as SSC or by the Ministries/Departments directly and the reserve
panels are similarly prepared, the procedure for operation of reserve panels maintained by
UPSC as described in Point (ii) above will also be applicable for the reserve panels
maintained by the other recruiting agencies/authorities.

OM No: No.41019/18/97-Estt(B) Dated: 13/6/2000

2.1.3. Clarification in case more than one-selection panels is received from UPSC/SSC
through letter of the same date.

It has been encountered on a number of occasions that UPSC etc. in response to two
separate requisitions from the Department on different point of time, sends two panels of
direct recruits on the same date. Since the general principles on seniority envisages that
the candidates appointed through an earlier selection shall stand senior to those appointed
through a subsequent selection, it becomes difficult to fix the inter-se seniority of the
candidates in such cases, drawn from two different panels of the same date. Accordingly, it
has been decided that effort would be made by the UPSC and other selecting authorities to
avoid recommending the panels on the same date and strive to send the panel for earlier
requisition first. However, in case of such an eventuality (i.e. sending different panels on
the same date) following procedures may be followed for fixation of the inter se seniority of
the candidates from the two panels:

i. Chronology of recommendation letter;

ii. Where the date of recommendation letter is same, chronology of interview board
reports’, and
iii. Where both (i) and (ii) are also same, then the chronology of requisition made by the
respective Ministries/Departments.

It is also mentioned here that in case of recruitment through examination, the date of
publication/announcement of the results shall remain the criteria.

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

2.2 Seniority of Promotees

2.2.1 Where promotions are made on the basis of recommendations of a Departmental


Promotion Committee (DPC), either by ‘selection’ or ‘non-selection’ method as per due procedure,
the seniority of an officer assessed as ‘fit’, in the promoted grade shall be same as in the feeder
grade from which they are promoted. Where, however, a person is considered as unfit for
promotion and is superseded by a junior, such persons shall not, if he/she is subsequently found
suitable and promoted, take seniority in the higher grade over the junior persons who had
superseded him/her. Persons appointed as a result of an earlier selection shall be senior to those
appointed as a result of subsequent selection. The relative seniority of promotees which earlier
used to be determined according to the date of confirmation in the promotion grade and not the
original order of merit, (in case where confirmation was in an order different from the order of
merit indicated at the time of their appointment), stands discontinued w.e.f. 4.11.1992.

OM No: No. 9/11/55-RPS Dated: 22/12/1959

OM No: No. 22011/7/86-Estt(D) Dated: 3/7/1986

OM No: No. 20011/5/90-Estt(D) Dated: 4/11/1992

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

2.2.2 Where promotions to a grade are made from more than one feeder grade and quotas have
been laid down for each feeder grade, the eligible persons shall be arranged in separate lists in the
order of their relative seniority in their respective grades. The officers in each grade, assessed as
fit by the DPC shall be interpolated in the ratio prescribed for each grade in the recruitment rules
for the post.

OM No: No. 9/11/55-RPS Dated: 22/12/1959

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

When eligibility list is to be resorted to?

2.2.3 Where promotions to a grade/post are made from more than one grade and no quota has
been fixed for various feeder grades owing to a small number of posts in the promotion grade, the
aforesaid principle would not be viable. In such cases it would be required to prepare a combined
eligibility list of candidates from various feeder grades, with due regard to the inter-se seniority of
the candidates of various feeder grades. Separate instructions have been issued in this
connection with regard to framing of recruitment rules in such a situation. Whereas specific
criteria need to be issued/incorporated in the Recruitment Rules by the cadre controlling
authorities for preparation of combined eligibility list of the candidates from various feeder grades,
broad parameters as under may be kept in view while preparing such list:
i. Date of completion of the qualifying service prescribed in the relevant recruitment rules, in the
feeder grade for promotion.

ii. If the aforesaid date is same, then date of completion of the qualifying service in the feeder-
to-feeder grade.

iii. Inter-se seniority of the officers from each feeder grade will be maintained.

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

2.3 Seniority of SC/ST Government servants on their promotion by virtue of rule of reservation
roster

SC/ST Government servants on their promotion by virtue of rule of reservation roster will be
entitled to consequential seniority also. In other words, the candidates belonging to general/OBC
category promoted through a later DPC will be placed junior to the SC/ST Government servants
promoted through earlier DPC, even though by virtue of the rule of reservation.

OM No: No. 20011/1/2001-Estt(D) Dated: 21/1/2002

2.3.1 Clarification on reservation roster vis-a-vis seniority

In case of promotion, vacancies meant and reserved for SC/ST are determined through the
roster points in the reservation roster. It is clarified that the said reservation roster/points are
meant only for identifying the vacancy that goes to a particular category of officer and in no way
acts as a determinant for fixation of seniority of the officer in a panel recommended by the DPC.
The DPC is to grade an officer as ‘fit’ or ‘unfit and the feeder grade seniority of the officers
assessed as fit would be maintained in the promoted grade.

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

OM No: No.35034/7/97-Estt(D) Dated: 8/2/2002

2.4 Relative Seniority of Direct Recruits and Promotees

2.4.1 A vacancy Register in the format prescribed (Annexure-1) is to be maintained for the
purpose of determining the number of vacancies to be filled during a year under each of the
methods of recruitment prescribed in the Recruitment Rules, giving a running account of the
vacancies arising and being filled from year to year basis. Thus, where the Recruitment Rules
prescribe appointment to a grade say 50% by Promotion and 50% by Direct Recruitment then the
rotation of quota between Promotion and Direct Recruitment would be in the ratio of 1:1.

OM No: No. 35014/2/80-Estt.(D) Dated: 7/2/1986

2.4.2 A new vacancy register will have to be started in the following cases:

(i) From the date the recruitment rules are notified in the gazette.

(ii) When there is an amendment to the Recruitment Rules which changes the percentage
allotted for the various modes of recruitment
OM No: No. 28011/6/76-Estt.(D) Dated: 24/6/1978

2.4.3 The relative seniority of direct recruits and of promotees shall be determined according to
the rotation of vacancies between available direct recruits and promotes, which shall be based on
the quota of vacancies reserved for direct recruitment and promotion respectively in the
Recruitment Rules.

OM No: No. 22011/7/86-Estt(D) Dated: 3/7/1986

2.4.4 If adequate number of direct recruits does not become available in any particular year,
rotation of quotas for the purpose of determining seniority would take place only to the extent of
the available direct recruits and the promotees. In other words, to the extent direct recruits are not
available the promotees will be bunched together at the bottom of the seniority list below the last
position upto which it is possible to determine seniority, on the basis of rotation of quotas with
reference to the actual number of direct recruits who become available. The unfilled direct
recruitment quota vacancies would, however, be carried forward and added to the corresponding
direct recruitment vacancies of the next year (and to subsequent years where necessary) for
taking action for direct recruitment for the total number of vacancies for direct recruits and
promotees as determined according to the quota for that year.

[ Para 3 of O.M. No. 35014/2/80-Estt(D) Dated.07.02.1986]

2.4.5 With effect from 19.11.2019, the determination of inter se seniority of direct recruits and
promotees, as laid down by the Hon'ble Supreme Court of India, in its Order dated 19.11.2019 in K.
Meghachandra Singh case will be governed by the following principles:-

(i) The rotation of quota, based on the percentage of vacancies allocated to direct recruitment
and promotion in the notified recruitment rules/service rules, shall continue to operate for
determining vacancies to be filled by the respective quotas in a recruitment year. The term
'recruitment year' shall mean the year in which the vacancy arises. However, inter se seniority
between direct recruits and promotees, who are appointed against the vacancies of respective
quota, would be reckoned with reference to the year in which they are appointed i.e. year in which
they are borne in the cadre or formal appointment order is issued.

(ii) The terms ‘recruitment' and ‘appointment' have to be read harmoniously and the determination
of seniority for recruitees would depend on their actual appointment and not the initiation of
recruitment process itself. It thus follows that the seniority of direct recruits and promotees
henceforth stands delinked from the vacancy/year of vacancy.

(iii) The source of legitimacy of determination of seniority would be with reference to the date of
joining of a person against a vacancy. irrespective of the fact that it may have arisen in the previous
year(s) and not being a carried forward vacancy of any quota.

(iv) If adequate number of direct recruits (or promotees) do not become available, "rotation of
quotas' for the purpose of determining seniority, would stop after the available direct recruits and
promotees are assigned their slots on joining in a particular year. The unfilled direct recruitment
quota vacancies would, however, be carried forward and added to the corresponding direct
recruitment vacancies of the next year (and to subsequent years where necessary) for taking
action for direct recruitment for the total number of vacancies for direct recruits and promotees as
determined according to the quota for that year.

(v) The term 'available’, both in the case of direct recruits as well as promotees, for the purpose
of rotation and fixation of seniority, shall be the actual year of appointment after declaration of
results/selection and completion of pre-appointment formalities as prescribed.

(vi) Thus, appointees who join in the concerned recruitment year and those who join in
subsequent year(s), would figure in the seniority list of the respective years of their being
appointed. To that extent it may not be necessary to go into the question of quota meant for direct
recruits and promotees to find out as to the year in which the vacancy arose against which the
recruitment is made.

OM No: No.20011/2/2019-Estt.(D) Dated: 13/8/2021

2.4.6 For recruitments initiated on or after 19.11.2019 as well as for future recruitments, in
addition to cases where the recruitment process has been initiated by the administrative
Department/ Cadre Authority before 19.11.2019, but where all appointments, subsequent to the
initiation of recruitment process, could be made only on or after 19.11.2019 i.e. date of order of
Apex Court, the inter se seniority of direct recruits and promotes shall be determined in the
following manner -

(a) The rotation of quota based on the percentage of vacancies allocated to direct recruitment
and promotion in the notified recruitment rules/service rules, shall continue to operate for
determination of vacancies to be filled by the respective quotas in a recruitment year.

(b) Determination of inter se seniority between direct recruits and promotees, who are appointed
against the vacancies of respective quota, would, however, be reckoned with reference to the year
in which they are appointed i.e. year in which they are borne in the cadre or formal appointment
order is issued. In case, where the recruitment year is the same as the year of appointment, the
appointees shall be given seniority of that year.

(c) Where in case of promotees or direct recruits, the year of appointment is the next year or any
year subsequent to the recruitment year, the seniority of such promotees and direct recruits would
be determined with reference to the year of their actual joining/appointment to the post. since they
were not able to join in the said recruitment year in which the vacancy arose. Thus, they would get
seniority of the year in which they actually join i.e. year in which formal appointment order is issued
or they are borne in the service/cadre and that they shall not get seniority of any earlier year (viz.
year of Vacancy/panel or year in which recruitment process is initiated).

(d) Rotation between promotees and direct recruits for the purpose of determination of inter-se
seniority, would be undertaken only to the extent of available direct recruits and promotees in a
particular year. The term ‘available direct recruits or promotees’ appearing in OMs dated
7.2.1986/3.7.1986, for the purpose of rotation of quota in fixation of inter-se seniority, shall mean
the actual number of direct recruits and promotees appointed during the year after declaration of
results/selection and completion of pre-appointment formalities as prescribed.

(e) As per (d) above, if adequate number of direct recruits (or promotees) do not become
available in a particular year, the “rotation of quotas” for the purpose of determining inter-se
seniority, would stop after the available direct recruits and promotes are assigned their slots on
their appointment/joining in that year.

(f) If no direct recruit is available in a particular year, available promotees would be bunched
together in accordance with their position in the panel approved for promotion. Similarly, if no
promotee is available in that year, available direct recruits would be bunched together, as per their
position obtained in the selection process.

(g) In case, where direct recruits or promotees, as the case may be, belonging to two more
selections/panel approved for promotion, join in the same year, then those who have been
appointed/joined as a result of earlier selection/panel would be placed senior in the seniority list to
those been appointed/joined as a result of a subsequent selection.

OM No: No.20011/2/2019-Estt.(D) Dated: 13/8/2021

3 Seniority of Absorbees
3.1 The method of recruitment ‘Transfer’ has been re-named as `Absorption’ and Transfer on
Deputation’ as ‘Deputation’.

OM No: No.AB-14017/2/97-Estt(RR) Dated: 25/5/1998

3.2 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.

[para 7(i) of O.M. No. 9/11/55-RPS Dated 22.12.59]

3.3. 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 3.5 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 will apply, mutatis
mutandis in determining inter-se seniority of the appointees.

[para 7(ii) of O.M. No. 9/11/55-RPS Dated 22.12.59 and

Para 3.2 of O.M. No. 20011/1/2008-Estt. (D) dated 11.11.2010

3.3 The principle laid down in para 3.2 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.

[para 7 (i) of O.M.No.9/11/55-RPS Dated 22.12.1959

and Para 3 of O.M. No. 20011/1/2008-Estt. (D) dated 11.11.2010

3.5 Seniority of persons absorbed after being on deputation

3.5.1 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.

[Para 2 of O.M. No. 20011/1/2000-Estt(D) Dated 27.03.2001]

3.5.2 The fixation of seniority of an absorbee in accordance with the above principle will not,
however, affect any regular promotions to the next higher grade made prior to the date of such
absorption. In other words, it will be operative only in filling up of vacancies in higher grade taking
place after such absorption.

[Para 2 of O.M. No. 20020/7/80-Estt(D) Dated 29.05.1986]

3.5.3 It is also clarified that for the purpose of determining the equivalent grade in the parent
department following criteria may be followed for determining analogous posts in so far as posts
under the Central Government are concerned:-

(i) Though the scales of pay of the two posts which are being compared may not be identical,
they should be such as to be an extension of or a segment of each other.

(ii) Both the posts should be falling in the same Group of posts. Classification of civil posts are as
under:-

Sl.No. Description of Posts Classification of


Posts
(1) (2) (3)

1 A Central Civil Post carrying the pay in the Pay Matrix at Group A
the Level from 10 to 18.

2 A Central Civil Post carrying the pay in the Pay Matrix at Group B
the Level from 6 to 9.

3 A Central Civil Post carrying the pay in the Pay Matrix at Group C
the Level from 1 to 5.

(iii) The levels of the responsibility and the duties of the two posts should also be comparable.

(iv) (a) Where specific qualifications for transfer on deputation/ transfer have not been
prescribed, the qualifications and experience of the officers to be selected should be comparable to
those prescribed for direct recruits to the post where direct recruitment has also been prescribed
as one of the methods of appointment in the recruitment rules.

(b) Where promotion is the method of filling up such posts, only those persons from other
Departments may be brought on transfer on deputation whose qualifications and experience are
comparable to those prescribed for direct recruitment for the feeder grade/post from which the
promotion has been made.

[Para 1 of O.M. No.14017/27/75-Estt.(D) Dated March 7, 1984

and Para 1 of O.M. No. 11012/10/2016-Estt.A-III dated 08.12.2017]

3.5.4 As far as the posts under the State Governments/Public Undertakings, etc. are concerned, it
is quite likely that even posts with identical designations may not have comparable scales of pay
and they may also differ with reference to the extent and stage of merger of D.A. with pay. The
levels in the hierarchy and the nature of duties, may not also be comparable. These posts may not
also be classified into group A, B & C, as has been done under the Central Government. Taking
these factors into consideration the selecting authorities may have to be guided more by the nature
of duties performed by the candidates in their parent organization vis-a-vis those in the posts under
selection, and qualifications and experience required for the post under the Central Government for
making selection for appointments by transfer/deputation (including short-term contract) from
outside the Central Government service. Since details of recruitment rules for the posts under State
Government/Public Undertakings etc. may not be available, bio-data sheets, signed by the officers
themselves and certified/ countersigned by their employer indicating their qualifications,
experience, assignments held in the past, contributions made by them in the field of research,
publications to their credit and any other information which the officers might consider relevant for
assessing their suitability for the posts in question may be obtained in the proforma (Annexure-II)

3.5.5. These guidelines may be kept in mind in examining the applications from officers holding
analogous posts for making selection by the process of transfer on deputation/transfer (including
short term contract).

[Para 2 & 3 of O.M. No.14017/27/75-Estt.(D) Dated March 7, 1984]

3.6 Seniority of persons who are transferred and absorbed directly without being on deputation.

For persons who are transferred and absorbed directly without being on deputation i.e. where the
recruitment rules provide for recruitment through absorption, the provision as contained in the
afore-said paras (para 3.5) would be applicable i.e. the date he has been holding the post on
deputation or the date from which he has been appointed on the regular basis to the same or
equivalent grade in his parent department, whichever is earlier.

[Para 3.5 of O.M. No. 20011/1/2008-Estt. (D) dated 11.11.2010]

3.6 Seniority of officers holding posts/grades in grades merged in pursuance of


recommendations of Sixth Central Pay Commission.

3.6.1 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.

[Para 2.1 of O.M. No. AB-14017/66/2008-Estt. (RR) dated 09.03.2009]

3.6.2 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 seniority of officers holding
post in grades which have been merged (except merged grades of MTS) 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.

II. 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 enbloc senior to
those holding post having lower pay scale or the posts in feeder grade.

III. 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.

IV. Where recruitment for the posts in different pre-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
enbloc below those officers who were in position as on 29.08.2008.

V. 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 ease 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.

[Para 2 of OM No. 20020/4/2010-Estt. (D) 13/09/2012]

3.7 Seniority of MTS officials of merged grades in pursuance of recommendations of Sixth


Central Pay Commission.

I. The posts in the erstwhile Group ‘D’ for the purpose of determination of seniority, can be
grouped into five different categories as under:

S.No. Pre-revised pay scale of the post Category

1. 2750-70-3800-80-4590 I

2. 2650-65-3300-70-4000 II

3. 2610-60-2910-65-3300-70-4000 III

4. 2610-60-3150-65-3540 IV

5. 2550-55-2660-60-3200 V

II. The determination of seniority of merged grade will be regulated as per following guidelines:

a. As on 29.08.2008, holders of posts in Category-I will be enbloc senior to the holder of posts
in Category-II, similarly holder of the posts in Category-II will be senior to holder of the posts in
Category-III and so on.

b. While merging the different grade(s), the inter se seniority in a post which existed as on
29.08.2008 is to be maintained.

c. Within same category, where different stand alone posts have been merged, inter se
seniority will be determined based on length of continuous officiation in the post.

d. Only the regular service in the grade is to be counted for determination of service and ad-
hoc service, if any, is to be ignored.

e. Seniority is to be determined based on the substantive post held by the employee


irrespective of the fact that such employee has been allowed financial upgradation to the next
higher grade under ACP Scheme or any other scheme.
f. In case of employees who joined a erstwhile Group `D' post either by promotion or direct
recruitment between 01.01.2006 to 29.08.2008, inter-se seniority will be determined as per
guidelines laid down in para 3.6 above.

[Para 3 & 4 of O.M. No. 20020/4/2010-Estt (D) dated 30th April, 2013]

4 Seniority in Special Types of Cases

4.1 In the case of such ex-T.B. or ex-Pleurisy ex-Leprosy patients, as have been declared
non-infective and medically fit for Government service, on re-employment in the same
posts from which they were discharged the actual previous service rendered by them
should be counted for seniority. The seniority of such persons re-employed in other posts
will be fixed in consultation with the Department of Pers. &Trg.

[Para 4.1 of O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986]

4.2.1 Seniority of an officer under suspension and of officers against whom enquiries
are pending.

An officer under suspension who on conclusion of the departmental proceeding


against him/her, is completely exonerated, the suspension being held to be wholly
unjustified, should be promoted in the first vacancy that could be made available for the
purpose and his/her seniority in the next higher grade fixed as if he/she had been promoted
in accordance with his/her position in the select list. In such a case, the period during
which any officer junior to the suspended officer concerned was promoted to the higher
grade should be reckoned towards the minimum period of service prescribed for purpose
of eligibility for promotion to the higher grade.

[Para 4.2.1 of O.M. No. 20011/1/2008-Estt. (D) dated 11.11.2010]

4.2.2 Seniority of officers who have been recommended for promotion by a DPC
during the currency of a penalty.

An officer who has been recommended for promotion by a DPC despite imposition of a minor
penalty on him/her, will be promoted on the basis of the recommendation of the said DPC, only
after expiry of the penalty and his/her seniority would be fixed according to his/her position in that
panel.

[Para 2 of O.M. No. 20011/2/92-Estt.(D) Dated 03.11.1995

4.2.3 Fixation of seniority of a Government servant reverted to a lower post/grade/service as a


measure of penalty and subsequently promoted to a higher post.

4.2.4 An order imposing the penalty of reduction to a lower service, grade or post or to a lower
time-scale should invariably specify:-

(i) the period of reduction, unless the clear intention is that the reduction should be
permanent or for an indefinite period;

(ii) whether on such re-promotion, the Govt. servant will regain his original seniority in the
higher service, grade or post or higher time-scale which had been assigned to him prior to the
imposition of the penalty.

4.2.5 In cases where the reduction is for a specified period and is not to operate to postpone
future increments, the seniority of the Govt. servant may, unless the terms of the order of
punishment provide otherwise, be fixed in the higher service, grade or post or the higher time scale
at what it would have been but for his/her reduction.
4.2.6 Where the reduction is for a specified period and is to operate postpone future increments,
the seniority of the Govt. servant on re-promotion may, unless the terms of the order of
punishment provide otherwise, be fixed by giving credit for the period of service rendered by
him/her in the higher service, grade or post or higher time-scale.

[Para 4.2.1 to 4.2.3 of O.M. No.22011/7/86-Estt.(D) Dated 03.07.1986]

4.3. Fixation of inter se seniority of the staff rendered surplus and redeployed on
different occasions but in the same office.

4.3.1 The surplus employees are not entitled for benefit of the past service rendered in the
previous organisation for the purpose of their seniority in the new organisation. Such
employees are to be treated as fresh entrants in the matter of their seniority, promotions
etc.

4.3.2 When two or more surplus employees of a particular grade in an office are selected
on different dates for absorption in a grade in another office, their inter-se seniority in the
latter office will be same as in their previous office provided that –

(i) no direct recruit has been selected for appointment to that grade in between these
dates; and

(ii) if there are no fixed quotas for direct recruitment and promotion to the grade in
question in the new office no promotee has been approved for appointment to that grade in
between these dates.

4.3.3 When two or more surplus employees of a particular grade in an office are
simultaneously selected for re-deployment in another office in a grade, their inter-se
seniority in the particular grade, on redeployment in the latter office, would be the same as
it was in their previous office.

4.3.4 The above orders would not be applicable in respect of personnel who are appointed
on the recommendations of the UPSC to posts/services recruitment to which is made
through the Commission. Seniority of surplus officers appointed on the recommendations
of the Commission will be decided on merits in consultation with the Commission.

[Para 1 and 2 of O.M.No.9/22/68-Estt.(D) Dated 6.2.69 and

Paras 4.3.1 to 4.3.4 of O.M. No. 22011/7/86-Estt.(D) dated 3.7.86]

4.4 Seniority in cases of delay in reporting for duty after selection

(i) An offer of appointment issued by different Ministries/Departments should clearly specify


the period (which shall not normally exceed one or two months) after which the offer would lapse
automatically if the candidate did not join within the specified period.

[Para 1 (i) of O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978

and Para 2 of O.M. No. 35015/2/93-Estt.(D) Dated 9.8.1995

(ii) If, however, within the specified period, a request is received from the candidate for extension
of time, it may be considered by the Ministries/Departments but extension beyond three
months should not be granted and it may be granted only as an exception where facts and
circumstances so warrant and in any case only up to a maximum of six months from the
date of issue of the original offer of appointment. An offer on appointment would lapse
automatically after the expiry of six months from the date of issue of the original offer of
appointment. The candidates who join within the above period of six months will have their
seniority fixed under the seniority rules applicable to the service/post concerned to which
they are appointed, without any depression of seniority.

[Para 1 (ii) of O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978

and Para 2 of O.M. No. 35015/2/93-Estt.(D) Dated 9.8.1995]

(iii) If, even after the extension(s), if any, granted by the Ministries/Departments, a candidates
does not within the stipulated time (which shall not exceed a period of six month), the offer
of appointment should lapse.

[Para 1 (iii) of O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978]

(iv) An offer of appointment which has lapsed, should not ordinarily be revived later, except in
exceptional circumstances and on grounds of public interest. The Commission (UPSC)
should in all cases be consulted before such offers are revived.

[Para 1 (iv) of O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978]

(v) In a case where after the lapsing of the offer, the offer is revived in consultation with the
commission as mentioned in sub-para (iv) above, the seniority of the candidates concerned
would be fixed below those who have already joined the posts concerned within the
prescribed period of six months; and if the candidates joins before the candidates of the
next selection examination join, he/she should be placed below all others of his batch. If
however, the candidates join after some or all the candidates of the next selection
examination have joined he/she should be—

(a) In case of selection through interview, placed at the bottom of all the candidates of the
next batch;

(b) In the case of examination, allotted to the next year’s batch and placed at the bottom.

[Para 1 (v) of O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978]

(vi) Above instructions shall mutatis mutandis apply to all the Recruitment Agencies /
Authorities working under the Ministries / Departments.

[Para 4 of O.M. No. 1259494-Estt.(D) Dated 9.8.2017]

4.5 Determination of seniority of re-employed officers for promotion/confirmation

1. The question of determination of seniority of re-employed officers should arise only in


cases where the officers are re-employed before they attain the age of normal
superannuation.

[Para 3 of O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980]

2. (1) Officers re-employed after they had retired/discharged, whether from Defence or
Civil employment prior to the attainment of the age of superannuation under the civil
rules, will, if appointed to civil posts under the provisions of the Recruitments
applicable to direct recruits, be treated as direct recruits and their seniority in the grade
fixed accordingly.

[Para 4(1) of O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980]


(2) However, where such officers are appointed to civil posts and the Recruitment Rules
applicable thereto prescribed re-employment as a distinct mode of recruitment, their
seniority will be determined as under—

(a) The inter se-seniority of persons so re-employed shall be determined in accordance


with the order of their selection.

(b) The relative seniority of persons so re-employed in relation to direct recruits and
promotes shall be determined—

(i) Where the Recruitments Rules prescribed specific quotas for each of the
categories, on the basis of rotation of vacancies based on the said quota;

(ii) In other cases, on the basis of the chronology of selection.

[Para 4 (2) of O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980]

3. In the case of officers referred to in previous para., their confirmation and promotion to
Higher posts would take place with reference to the seniority so fixed.

[Para 5 of O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980]

4. These instructions would apply subject to any special provisions that may be applicable
to particular services/posts in terms of the Recruitment Rules applicable to those
services/posts.

[Para 6 of O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980]

4.6 Fixation of seniority of a person who has been transferred to a lower post under FR-15A

When the Government employee is transferred to a lower post on his own request under FR
15(a)(2), it neither, identifies itself as a case of penal action on the employee nor as a case of
transfer to a lower post in public interest. As the person already stood promoted to the next higher
grade, in case of his/her reoccupying the lower post at the top of the seniority (original position),
would affect adversely not only the existing officers in the grade, but would apparently nullify the
very purpose of his /her transfer to the lower post. As such an officer seeking transfer to a lower
post under FR-15, at his own request, would be placed below all officers appointed regularly to the
lower grade on the date of transfer.

[Para 4.6 of DOPT O.M. No. 20011/1/2008-Estt.D dated 11.11.2010]

4.7 Seniority of meritorious sportsmen appointed in relaxation of recruitment rules

Where sportsmen are recruited through the Employment Exchange or by direct


advertisement and are considered along with other general category candidates, they may be
assigned seniority in the order in which they are placed in the panel for selection. Where
recruitment to a post is through a selection made by the Staff Selection Commission, whether by a
competitive examination or otherwise, the sportsmen recruited by the department themselves
should be placed en bloc junior to those who have already been recommended by the Staff
Selection Commission. The inter se-seniority of sportsperson will be in the order of selection.
[Para 4 of O.M. No. 14015/1/76-Est. (D) Dated 4.8.1980]

4.8 Seniority of persons appointed on compassionate grounds

The Scheme for Compassionate Appointment in Central Government interalia provide that:

(a) The inter-se seniority of persons appointed on compassionate grounds may be fixed with
reference to their date of appointment. Their interpolation with the direct recruits/promotees may
also be made with reference to their date of appointment without disturbing the inter-se seniority
of direct recruits/promotees.

(b) Date of joining by a person appointed on compassionate grounds shall be treated as the date
of his/her regular appointment.

The person appointed on compassionate ground in a particular year would be placed at the
bottom of all the candidates recruited/appointed through direct recruitment, promotion etc.
in that year, irrespective of the date of joining of the candidate on compassionate grounds.

[Para 4.8 of DOPT O.M. No. 20011/1/2008-Estt.D dated 11.11.2010]

4.9 Determination of seniority of persons selected for appointment to different posts in the
same grade requiring different qualifications.

(i) According to general principles for determination of seniority in the Central Services, the
relative seniority of all direct recruits shall be determined by the order of merit in which they are
selected for such appointment on the recommendation of the UPSC or other selecting authority;
persons appointed as a result of an earlier selection being senior to those, appointed as a result of
a subsequent selection.

(ii) In cases where persons are selected either by the UPSC for appointment to different posts in
the same grade with different qualification (e.g., posts of Assistant Lecturer in History, Economics,
Physics & Chemistry, etc.), the UPSC should be requested to recommend candidates for such
posts in a consolidated order of merit. Similarly, other selecting authorities should also be
requested to indicate such an order of merit while making selections for recruitment such posts.

(iii) The seniority of persons appointed to posts indicated above will be determined in the order in
which their names appear in the consolidated list.

[Para 4.9 of DOPT O.M. No. 20011/1/2008-Estt.D dated 11.11.2010]

***********

Appendix

Reference Office Memorandum on determination of Seniority

1. O.M. NO. 9/11/55-RPS Dated 22.12.59

2. O.M.No.9/22/68-Estt.(D) Dated 6.2.69.

3. O.M. No. 9/23/71-Estt.(D) Dated 6.6.1978


4. OM No. 28011/6/76-Estt, Dated 24th June, 1978

5. O.M No. 20011/3/80-Estt.(D) Dated 16.6.1980

6. O.M. No. 14015/1/76-Est. (D) Dated 4.8.1980

7. O.M. No.14017/27/75-Estt.(D) Dated March 7, 1984

8. O.M. No. 35014/2/80-Estt.(D) Dated 7.2.1986

9. O.M. No. 20020/7/80-Estt(D) Dated 29.05.1986

10. O.M. No. 22011/7/86-Estt.(D) Dated 03.07.1986

11. O.M. No. 20011/5/90-Estt (D) Dated 4.11.1992

12. O.M. No. 35015/2/93-Estt.(D) Dated 9.8.1995

13. O.M. No. 20011/2/92-Estt.(D) Dated 03.11.1995

14. O.M. No. 41019/18/97-Estt. (B) Dated 13th June 2000

15. O.M. No. 20011/1/2000-Estt(D) Dated 27.03.2001

16. O.M. No.20011/1/2001-Estt. (D) Dated 21st January 2002

17. O.M. No. 35014/7/97-Estt.(D) Dated 8th February 2002

18. O.M. No. AB-14017/66/2008-Estt. (RR) dated 09.03.2009

19. O.M. No. 20011/1/2008-Estt. (D) dated 11.11.2010

20. OM No. 20020/4/2010-Estt. (D) 13/09/2012

21. O.M. No. 20020/4/2010-Estt (D) dated 30th April, 2013

22. O.M. No. 1259494-Estt.(D) Dated 9.8.2017

23. O.M. No. 11012/10/2016-Estt. A-III dated 08.12.2017

24. O.M. No. 20011/2/2019-Estt(D) Dated 13.08.2021

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