MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
(Department of Personnel and Training)
O.M. No. 1/1/2002-CS.III
Subject: Redployment of surplus staff – Identification/ declaration of surplus staff and related instructions
Reference:
1. O.M. no. 1/18/88/CS-III dated 1.4.89 (1989 Revised Scheme)
2. CCS (Redployment of Surplus Staff) Rules, 1990
3. Special VRS for surplus staff vide O.M. no. 25013/6/2001-Esst.(A) dated 28.02.02 ( an ex-gratia over and above the normal retirement entitlements under CCS (Pension ) Rules, 1972).
Steps:
1. The department taking an administrative decision to declare staff as surplus (along with their posts).
2. Determination of posts which are required to be abolished. Once posts are identified, vacant posts need to be abolished (within 3 months).
3. Identification of surplus staff working against posts which have been identified for being abolished.
4. Preparation of final list of surplus staff for reporting the same to the Division of Retraining and Redeployment which was earlier known as the Surplus Cell in the Department of Personnel and Training (hereafter referred as the ‘Division’)
5. Reporting the final list to the Division.
6. Acknowledgement from the Division regarding acceptance of surplus staff on the rolls of the Division within a month. However, the Division may refer back the proposal to the concerned ministry within 14 days. Date of acceptance on the Surplus Rolls of the Division would be the actual date from which a staff would be treated as having been declared surplus for all intents and purpose.
7. Formal intimation to the surplus staff by the department advising them that their names have been reported to the Division for redeployment.
8. Issue of formal orders by the department from the date staff are declared surplus, transferring them to a surplus staff establishment to be constituted within the concerned department
Instructions contained in this O.M. are supplemental to the provisions of the 1989 Revised Scheme and the CCs (Redeployment of Surplus Staff) Rules, 1990.
O.M. No. 1/4/89-CS.III
CCS (Redeployment of Surplus Staff) Rules, 1990
In exercise of the powers conferred by the proviso to Article 309 of the Constitution.
2. Definitions- In these rules unless the context otherwise requires-
'Cell' means, - in relation to the surplus staff belonging to Groups 'A', the Central (Surplus Staff) Cell in the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions;
'Commission' means the Union Public Service Commission;
'Readjustment' means the reappointment of an ex-surplus employee, though already deployed to another post, in accordance with these rules;
'Redeployment' means the appointment of a surplus employee against a vacancy in a Central Civil Service or post in accordance with these rules;
'Surplus staff’ and 'surplus employee or employees' means the Central Civil Servants who- (a) are permanent; and (b) have been rendered surplus along with their posts from the Ministries, Departments, as a result of-
Administrative and financial reforms including inter-alia, restructuring of an organization, zero base budgeting, transfer of an activity to a State Government, Public Sector Undertaking or other autonomous organisation, discontinuation of an on-going activity, and introduction of changes in technology;
‘Rolls' means the list of surplus staff currently under redeployment or readjustment through the Cell.
3. Reporting of Vacancies to the Cells:
(1) Vacancies in the Central Civil Services and Posts in Groups 'A'-
(i) The controlling authority in respect of a Group' A' Service or post in which any vacancy is to be filled up by direct recruitment through the Commission (otherwise than on the basis of a competitive examination) shall while sending requisition for the purpose to the Commission, also simultaneously send a copy thereof to the Cell.
(iv) All vacancies in Central Civil Services and posts in Group ‘A’, which are to be filled by direct recruitment or by transfer but otherwise than through the Commission, shall first be reported to the Cell and shall be filled from amongst the surplus staff, unless the controlling authority of the service or post in question has ascertained from the Cell that they have no suitable persons from amongst the surplus staff available with them for being nominated against the particular post.
(v) The provisions contained in sub-rule (1) shall not apply to the posts and services under the administrative control of-
(a) the Departments of (i) Atomic Energy, (ii) Space, (iii) Electronics, (iv) Indian Audit and Accounts, (v) Railways (excluding the posts located in the Headquarters Offices of the Railway Board);
(b) the Ministry of Defence (lower field formations other than the Defence Research and Development Organization):
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.
(4) Selective reporting of the vacancies to the Cells.-
Notwithstanding anything contained in sub-rule (1), the concerned cell may issue instructions that,-
(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 Group ‘A' Services or Posts-
(i) The surplus employees recommended by the Cell will be entitled to first priority for appointment to the vacancies in Group ‘A' Services or posts filled by direct recruitment including those filled through the Commission (otherwise than on the basis of a competitive examination held by the Commission), or by transfer:
Provided that they are found suitable by the Commission or other prescribed authority and no suitable disabled defence services personnel are available with them for appointment to such vacancies.
(ii) The Cell shall recommend to the Commission the name of surplus employee who, for the time being, is borne on its rolls for being considered for appointment to a specific post wherein the vacancy has been notified to the Commission and to the Cell, and for appointment to which the surplus 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.
(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,-
(c) if he is due for superannuation within six months from the date of his transfer to the rolls of the Cell.
(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.
(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 Group 'A' Services and posts reported under clause (iv) of sub-rule (1) of Rule 3.
(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.
(6) Absorption of surplus staff within the Ministry or Department-
Notwithstanding anything contained in sub-rule (4), the Ministry or Head of Department may, under intimation to the concerned Cell, adjust an employee declared surplus by it against a vacancy (if any available at the time he is declared surplus or before he is redeployed through the Cell) in any post located in any office under its control and carrying equivalent pay scale for appointment to which he is considered by the appointing authority to be suitable.
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,-
(ii) when redeployed in a post carrying a lower scale of pay, the surplus employee shall be permitted to carry his current pay scale along with him to the next.
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.
(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), through his Head of Office within two months from the date of joining the post in which he has, for the time being, been redeployed.
(3) In the event of the option being found acceptable, the existing redeployment of the employee shall be treated as provisional and the employee concerned shall, notwithstanding anything to the contrary contained in the definition of the term 'Surplus Staff', be treated notionally to be a surplus employee awaiting final redeployment.
(4) The readjustment shall be subject to the following further conditions:-
(a) The surplus employee shall have no claim to count his past service, including that rendered in the post of his provisional redeployment, towards fixation of seniority in the post in which he is readjusted.
(c) Readjustment shall be only against a vacancy available in a Central Ministry, Department or subordinate office and reported to the concerned Cell.
7. Age-limit:
The upper age-limit shall not apply in the case of a surplus employee appointed under these rules.
8. Medical Examination:
The surplus staff redeployed by the Cell shall not be required to undergo fresh medical examination unless different medical standards have been prescribed for the post in the recipient organization or unless the person concerned had not been medically examined in respect of his previous post or, if examined, had been declared medically unfit.
10. Amendment of Recruitment Rules:
All rules regulating the recruitment of persons to the Central Civil Services and posts shall be deemed to have been amended to the extent as provided for in these rule.
11. Imparting of Training to Surplus Staff in certain cases:
(1) If the authority in charge of a Cell is of the opinion that a surplus employee cannot be usefully redeployed unless he is given training in certain additional skills, it may nominate him to a suitable course of training.
(2) During the period of training the employee shall continue to be borne on the Surplus Staff Establishment of his parent organization and shall be paid pay and allowances at the rates already admissible to him.
(4) Notwithstanding that a surplus employee is on training, the Cell may nominate him or sponsor his candidature for any suitable post, and on receipt of offer or orders of appointment, he may, at any stage, during the course, be relieved to join the post.
O.M. No. 1/18/88-CS.III
A scheme for redeployment of Surplus Staff was issued by the Government of India in the then Ministry of Home Affairs vide OM No. 3/27/65-CS.II dated 25.2.66. Subsequently rules and orders were issued from time to time to give effect to the provisions of the Scheme and also to extend the scope of the scheme to further categories of Surplus employees.
2. One of the important provisions of the existing scheme is that any surplus employee who remains un-redeployed for any reason at the end of 6 months is retrenched by giving him a notice under the appropriate rule applicable to him. It has now been decided that this provision in the present scheme should be deleted.
3. Taking into consideration the various changes already made in the procedure laid down under the original scheme and also the experience gained in its working and the aforesaid decision, a revised scheme has been prepared. This scheme which comes into force immediately supersedes the scheme issued on 25-2-66.
4. In this connection, it will be pertinent to point out that the Revised Scheme differs form the scheme issued in February, 1966 broadly in the following areas:-
4.2 In the Revised Scheme there is no provision for the time-bound termination of services/retrenchment of the surplus employees who cannot be redeployed within a period of six months. Accordingly, there shall be no retrenchment of Surplus Staff in future after the expiry of 6 months period. Further the Revised Scheme envisages that at least for the first three months a surplus employee will not be nominated for absorption in a post carrying a lower pay scale.
The earlier scheme contains no provision for readjustment of a person who has already been redeployed. In the Revised Scheme a provision has been made that the surplus employees who have already been redeployed in posts carrying lower pay scales or lower classification, may at their option, be readjusted in equivalent posts.
REVISED SCHEME FOR THE DISPOSAL OF PERSONNEL RENDERED SURPLUS DUE TO REDUCTION OF ESTABLISHMENT IN CENTRAL GOVT.DEPARTMENTS/OFFICES
1.0 Preamble
It is the considered view of the Government that it will be contrary to the concepts of personnel management that improvement in administrative and financial management should affect the continuity of service of the affected employees; particularly, as the Government would be losing the benefit of their valuable experience if they were to lose their jobs. Since 25.2.66, a scheme has already been in operation for arranging alternative placements for the staff found surplus in such contingencies. The scheme, by and large, proved very successful in arranging the placement of the eligible categories of surplus employees. However, on the basis of the experience gained so far and taking into account the changes made in the working of the existing scheme, in the meantime, it is considered necessary to revise the existing scheme with a view to eliminating the possibility of retrenchment of the employees who are rendered surplus in these contingencies.
3.0 Application of the Scheme
3.1 The scheme will apply to the Central Civil Servants
(a) are permanent, and
(b) have been rendered surplus alongwith their posts from the Ministries/Departments/Offices of the Government of India as a result of –
(i) administrative reforms including, interalia, restructuring of an organization; transfer of an activity to a State Government, Public Sector Undertaking or other Autonomous Organization; discontinuation of an ongoing activity and introduction of changes in technology.
3.2.1 Placement for the surplus staff aforesaid shall ordinarily be arranged only against vacancies to be filled by direct recruitment in Central Civil Services and posts located in the various Ministries/Department/Offices of the Central Government, other than the services/posts to which recruitment is made through a competitive examination held by the Union Public Service Commission.
However, redeployment may be arranged against vacancies in an autonomous organization or a Public Sector Undertaking of the Central Government at the terms and conditions in force therein, if so opted for by the surplus employees concerned.
5.0 Agencies for deployment of surplus staff
5.3 A Ministry/Head of Department may adjust its surplus staff in vacant posts available in other cadres or other offices under the Ministry/Department in consultation with the Central Cell concerned with such staff.
6.0 Disposition of surplus staff while awaiting redeployment
6.1 The members of the staff who are declared surplus with the prior concurrence of the department of Personnel Training will be transferred to a ‘Surplus Staff Establishment’ which will be created to accommodated such surplus staff in the concerned Ministry/Department.
6.2 On transfer to the Surplus Staff Establishment, the surplus employees will continue to receive pay and allowances in their previous scales, till they are relieved either to join another post or on their retirement, resignation, etc., whichever is earlier.
6.4.1 Every surplus employee will, while borne on the Surplus Staff Establishment, keep attending office and report to the officer (s) designated for the purpose by the Ministry/Head of Department, regularly, except when he has been granted leave of the kind due and admissible to him.
6.4.2 A surplus employee may, while awaiting redeployment, be given by his Head of Department/Organization or other superior authority, alternative duties or charge of work, which though not necessarily related to his earlier area of work – he can be expected to perform conveniently keeping in view his position, qualifications and experience. Such duties should be casual or supportive in nature so that the surplus employees can be relieved to join the alternative placement arranged for him by the Central Cell without any difficulty or loss of time.
9.0 Placement of Surplus Staff
9.1 Surplus staff will be entitled to the first priority for appointment to a vacancy, next only to the disabled Defence personnel.
9.2.3 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 further that when redeployed, otherwise than at his own request, in a post carrying a lower scale of pay the surplus employee shall be permitted to carry his previous pay-scale along with him to the next post, even if he was only officiating in it.
9.3 Normally, a surplus employee will not be sponsored for appointment to a lower post within the first three months.
11. Benefit of past service after redeployment/ readjustment as the case may be
11.1.1 No change is contemplated in the present policy that the past service rendered prior to redeployment should not count towards seniority, in the new organization / new post which a surplus employee joins after he is redeployed. The same rule will also have to be applied in the case of those readjusted after redeployment.
11.3 A surplus employee who is permanent will enjoy protection of lien when redeployed / readjusted in a new organization.
12. Closure of efforts for redeployment and taking action for abolition of post and consequent termination of services
If a surplus employee is offered alternative placement but refuses to join such post or willfully fails to join the said post within the period specified by the appointing authority of the new post, without showing adequate cause for such failure and timely applying for extension of time for joining, his surplus post in the Surplus Staff Establishment should be abolished forthwith, further action for his redeployment may be closed and his services terminated after serving upon him a notice of termination under the appropriate rule as may be applicable to him, viz., rule 39(1) of the Central Civil Services (Pension) Rules, 1972 in respect of a permanent employees.
ANNEXURE-I
STEPS FOR IDENTIFYING SURPLUS STAFF FOR THEIR TRANSFER TO THE SURPLUS STAFF ESTABLISHMENT AND THEIR FURTHER DISPOSAL
2.0 Time limit for implementation
Three months (Unless a different time-frame is prescribed in any case)
(1) 2 months for identifying the superfluous posts and surplus staff and reporting their bio-data to the Central Pool to examine their eligibility for redeployment.
(2) 3 months, inclusive of (1) above, for declaring excess staff surplus, and transferring them to the Surplus Staff Establishment.
3.0 Steps for identification of surplus staff
3.2 Ascertain any person in the surplus zone who has a lien on another post and wants to revert to that post; if so, revert such person.
3.4.1 Determine the number of persons yet to be declared surplus. Prepare a list of junior most persons equal to such number by following the reverse order of seniority.
3.5.1 Where employees are to be declared surplus out of a cadre in the reverse order of seniority, invite options from the persons higher up in the ladder of seniority, who would suo motu like to be declared surplus in preference to their juniors included in the aforesaid list (vide step 3.4.1 above) for availing of the benefit of voluntary retirement or redeployment.
3.6 Now identify the persons due to be declared surplus.
The list thus prepared will consist of :
(a) the senior persons who have opted suo-motu for being declared surplus, and
(b) junior most persons required to make up the total as at para 3.4.1 above.
If a permanent post required to be abolished is held by a person who is on deputation to some other post, he should be given a notice to revert to the permanent post and also informed that in the event of his choosing not to revert, he shall be left without a lien on abolition of his permanent post and will consequently not be able to revert to his parent organization / cadre later. In the event of reversion of such a deputationist to his parent cadre, he will be declared surplus and the junior most person officiating in the cadre will be liable to reversion / retrenchment, as the case may be.
3.7.1 Prepare a list of the persons so identified as surplus in the cadre, arranged in the prevailing order of inter-se-seniority.
3.8 Examine whether the number of Scheduled Caste Officials in the remaining cadre falls short of the percentage prescribed for their recruitment to the cadre / post in question; if so, to the extent of deficiency, the Scheduled Caste employees (if any) amongst those identified to be declared surplus, should be retained and equal number of junior most persons belonging to the general category added to the list of persons to be declared surplus.
3.9 Repeat the same process to ensure maintenance of the representation of officials belonging to the Scheduled Tribes in the continuing cadre.
3.17 In the case of the surplus employees holding their permanent posts, such posts will be treated as abolished, and supernumerary posts with same designation and pay scale will be deemed as created for them simultaneously in the said Establishment.
3.20 As soon as order of appointment/posting against a post for which the Surplus Cell had sponsored a surplus employee, or a direction from the concerned Surplus Cell for relieving a surplus employee to join a post for which he had been sponsored by it, is received in the parent Ministry/Department, etc., the controlling/appointing authority therein should immediately relieve the surplus employee concerned with direction to report to the appropriate authority of the new organization within the stipulated joining time and issue orders abolishing the surplus post from the date of relief of the employee. The employee concerned should not be allowed to continue in his post merely on the ground that the new appointment does not suit him. Even if the employee makes a representation for the reconsideration of his posting/renomination against another post, the process of relieving him from surplus post and abolishing such post should not be postponed, though his representation may be forwarded for appropriate consideration to the authorities of the Central Cell concerned.
3.22 Where in any case, a surplus employee refuses to accept the post offered to him, for which he was sponsored by the concerned Central Cell, or recommended by the Union Public Service Commission or refuses to undergo training in new skills for which he is sponsored by the Central Cell as the case may be, the action for his redeployment should be treated as closed and he should be served with a notice for termination of his service under the rules applicable to him.
Special VRS for surplus central government employees
O.M. no. 25013/6/2001-Esst.(A) dated 28.02.02
Eligibility: All permanent Central government employees declared surplus (irrespective of their age and qualifying service) can opt to retire under this scheme.
Entitlements: An optee is entitled for pensionary benefits and Family Pension under CCS (Pension) Rules, 1972, Encashment of Earned Leave under CCS (Leave) Rules, 1972, payment of savings element with interest in the CGEGI scheme as per rules, T.A. as on retirement for self and family for settling anywhere in India and in addition-
(i) Weightage for 5 years to the qualifying service under CCS (Pension) Rules if he had rendered a minimum of 15 years qualifying service on the date he is declared surplus.
(ii) An ex-gratia amount equal to basic pay plus DP plus DA for the number of years of actual service rendered at 35 days for each completed year of service and at 25 days for each remaining year reckoned up to the date on which he would retire on superannuation.
Conditions:-
(c) No weightage of additional service will be given for calculation of ex-gratia.
(iii) The ex-gratia amount shall be paid in lumpsum and will be exempt from Income Tax upto a maximum of Rs. 5 lakhs.
(iv) Group ‘A’ officials opting for the special VRS will be exempted from the operation of rule 10 of the CCS (Pension) Rules which stipulates previous sanction of the Government for accepting commercial employment.
Seniority in Special Types of Cases
(Pl. ref. chapter 40, “Seniority”, of “Establishment and Administration” for Central Government Offices by Muthuswamy & Brinda; O.M. no. 22011/7/86-Esst.(D), dated the 3rd July, 1986)
4.3.1 The surplus employees are not entitled for benefit of the past service rendered in the previous organization for the purpose of their seniority in the new organization. Such employees are to be treated as fresh entrants in the matter of their seniority, promotions, etc.
4.3.2 When two or more of 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.
4.3.3 When two or more surplus employees of a particular grade in an office are simultaneously selected for redeployment in another office in a grade, their inter-se seniority in the particular grade, on redeployment in the latter office, would be 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 of which is made through the Commission. Seniority of surplus officers appointed on the recommendation of the Commission will be decided on the merits in consultation with the Commission.
O.M. no. 15/2/88-CS III, dated the 15th June, 1992:
Past service does not count for seniority in respect of redeployed surplus staff.-
The issue raised was the subject matter of the case and came to be finally decided by the Supreme Court. The Hon’ble Supreme Court has categorically held that such service does not count for determining seniority of the redeployed official in the recipient organization.
O.M. no. 15/3/98-CS III, dated the 2nd December, 1998:
Refer the Civil Appeal nos. 6201-06 of 1995, titled Union of India v. K. Savitri and others before the Hon’ble Supreme Court of India. The Hon’ble apex Court in its order, dated 4-3-1998 has held as under:
“… The service conditions of the redeployed employees under the Rules being governed by the provisions in the Rule as well as the instructions issued from the Government of India from time to time and in view of the clear unambiguous language in
O.M. nos. 10/1/63-Esst.(D), dated the 30th November, 1963 & 9/22/68-esst.(D), dated the 6th February, 1969:
Fixation of inter-se seniority of the staff rendered surplus and redeployed on different occasions but in the same office
… persons higher in the list be released for absorption elsewhere before those who are lower in the list.
The overall position of Surplus Staff and their redeployment since inception of the Scheme:-
| Category of surplus staff | No. of emp-loyees await-ing redepl-oyment as on 1/4/2003 | No. of employees added from 1/4/2003 to 31/3/2004. | Total No. of persons accepted in the surplus Cell since inception till 31/03/04 | No. of persons redeploy-ed since inception of the scheme. | No. of persons retrench-ed or who have resigned | No. of persons retired on superann-uation or those who have opted for VRS /Spl. VRS terminal benefit. | No. of persons awaiting redeploy-ment as on 31/03/04 |
| Group’A' | 5 | 7 | 100 | 60 | 4 | 24 | 12 |
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ReplyDeleteWhat shall I do to declare me surplus immediately. I am a govt optist of India govt mint, Hyderabad. The department is not declaring me surplus since three years and not relieving me.
ReplyDeleteSudha Kumari, Hyderabad