Central Civil Services (Redeployment of Surplus Staff) Rules, 1990
In
exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersess
on 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) Rule, 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 he done before such supersession, the President hereby makes the
following rule for regulating (he redeployment and readjustment
of surplus staff against vacancies in the Central Civil Services and Posts,
namely--
1. Short Title and Commencement.--
(1)
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 :
(i)
'Appendix' means
Appendix to these rules;
(ii)
'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 &
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 &
Training, Ministry of Labour;
(iii)
'Commission' means the
Union Public Service Commission;
(iv)
'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;
(v)
'Readjustment' means the
reappointment of an ex-surplus employee, though already deployed to another post,
in accordance with these rules;
(vi)
'Redeployment' means the appointment of a surplus
employee against a vacancy in a Central Civil Service or post in accordance
with these rules;
(vii)
'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 alongwith 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 on organisation, 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;
(viii)
'Rolls' means the
list of surplus staff currently under redeployment or readjustment through the
Cell.
3. Reporting of Vacancies of 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 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 employee or employees for appointment against
such vacancy or 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 Groups '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 to 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 Head quarters, Offices of the Railway Board);
(b) the Ministry of Defence (lower
field formations other than the Defence Research and Development Organisation);
(c)
the
various security and para-military organisation 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 identified and being finally
regularised;
(c)
those
to be filled by promotion, where eligible candidate, 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 organisation 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 dependent(s) of
deceased Government Servants;
(h)
those
in the Central Secretariat Services, Central Secretariat Stenographers Service
(except Steno Grade 'D'), and the Central Secretariat Clerical Service (except
Lower Division Clerk).
(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 (ii) 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 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 Personal and Training.
(4) Selective
reporting of vacancies of 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 regions 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 a 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 recommended more than one surplus employee on its rolls for being
considered for appointment to a post for which each of them seem 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 currying a
pay-scale not lower than his existing pay scale;
(b)
it 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
service are terminated or he is to be retried (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 Group '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 re-deployed 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 employees 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 re-deployment 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 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 employees 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 befog 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 &
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) Appointments
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 of 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 the
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 directions 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
tinder it control and currying 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, us 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 his current pay-scale alongwith 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 us soon as may be
thereafter, also communicate to 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
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
surplus employee awaiting 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 or 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 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 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 AR'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 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 purpose 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 lest 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 organisation or unless the person
concerned had not been medically examined in respect of his previous post or, if examined, had
been declared medically unlit.
9. Fixation of pay and seniority, counting of
previous service for various other purpose 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 person to the Central Civil Services
and posts shall be deemed to have been amended to the extent as provided
for in these rules.
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 slaying in hostel in the cases 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 relived 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 therefor, action shall
be taken to abolish his surplus post forthwith.
12. Retransfer of a former Surplus Employees to
his origins service. Cadre or group of posts after or pending, redeployment.?
(1) 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 or is/are awaiting redeployment.
(2)
If more than one such redeployment
personnel (including those readjusted and those awaiting redeployment on the
rolls of the concerned 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.
APPENDIX
From 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 by the purpose :
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1.
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Name
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(as
given in the Service Book)
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2.
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Father's
name
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3.
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Date
of birth
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4.
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Date
of superannuation;
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HHH
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HHHH
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HHHH
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5.
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(a) Office in which employed at
the time of being declared surplus
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(b) Post held when declared surplus
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(c) Pay scale of the post
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(d) Classification of the post hold
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[Group
A/B/CD
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(e)
Status
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[Permanent/Quasi-Permanent/
Temporary/Officiating
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(f)
Category
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Scheduled Castes/Scheduled
Tribes/Ex-serviceman/Handicapped Personnel.
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6.
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Date from which declared surplus
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7.
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Particulars of Office/post in which redeployed
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(a) Name
and address of office
(b) Date of joining the office
(c) Post
joined
(d) Pay
scale of the post
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8.
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Present Address?
Permanent
Office Address
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9.
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Information relevant to the reasons for seeking
readjustment :
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(A) In a case of redeployment in a post carrying a lower
pay-scale (otherwise than on own request)--
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Pay scale attached to the post
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1
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2
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held at the time of being declared surplus
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in which redeployed
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(B) If a case of redeployment
in a post carrying lower classification?
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(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 DP & AROM No. 1-15-84-CS-III, dated 3-9-1984, if
not, reasons therefor :
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(C) If a reason 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 it, 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 C.C.S. (Revised Pay) Rules, 1986 does not exceed Rs. 2,900/-)
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(i) Station at which posted at the time of being declared
surplus and the State/U.T.? in which it
is located
(ii) Station at which posted on re-deployment and the State/U.T. in which it is located.
(iii) Whether any request was made to the concerned Cell for
arranging redeployment in any particular Slates; if so, name the State/U.T. in which redeployment was requested.
Furnish details of reference made to the cell in this regard.
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(iv)
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(a) Whether
the post of redeployment is an isolated post or forms part of a cadre/service
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(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
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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.??? ?I also understand that the action for readjustment shall
stand closed in any of the circumstances mentioned
in Clause (h) of Sub-rule (4) of
Rule 6 ibid.
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Date
:
Station
:
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Signature
Name
of the Optant.........
Present
designation.......
Office
address?
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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 of the Scheme for Redeployment of Surplus Staff.
2. ??The particulars furnished by
the official, as above, have been verified will reference to the records available in this office and have been
found to the 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.
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Station
:
Phone
No :
Telegraphic
address (if any)
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(Signature
of Head of office)
Name & designation..........
Office
Address..................
Office
Stamp
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