Ad-hoc Appointment / Promotion — Review of – Regarding
No.28036/1/2012-Estt(D)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL
& TRAINIING
North Block, New Delhi,
Dated the 3rd April, 2013
OFFICE MEMORANDUM
Subject: Ad-hoc
Appointment / Promotion — Review of – Regarding.
The undersigned is
directed to say that as per the extant policy of the Government, all posts
are to be filled in accordance with provisions of the applicable Recruitment
Rules/Service Rules. As explained in this Department’s O.M.
No.28036/8/87-Estt.(D) dated 30.03.1988 read with O.M.
No.28036/1/2001-Estt.(D) dated 23.07.2001, promotions/ appointments on ad-
hoc basis are to be resorted to only in exceptional circumstances mentioned
therein, to a post which cannot be kept vacant in consideration of its functional/operational
requirement. In spite of these express provisions, it has come to the notice
of this Department that the Ministries/Departments are resorting to ad-hoc
arrangements in total disregard to the statutory provisions/instructions on
the subject as well as proper manpower management and career advancement of
the employees.
2. This Department has
been impressing upon all the Ministries/ Departments from time to time to
take adequate steps in advance so as to achieve the desired objective of
timely convening of the Departmental Promotion Committee (DPC) meetings and
preparing the approved select panels for regular appointments/promotions
within the prescribed time limits. However, at many a time, due to
non-adherence to the prescribed norms and procedures by the
Ministries/Departments, the approved select panel is not ready in time and
ad-hoc arrangements are resorted to. Some Ministries/Departments have taken
non-acceptance of their incomplete proposals for DPCs, by the UPSC, as the
reason for resorting to ad-hoc appointments. In this regard, as already
emphasized in this Department’s
O.M.
No.22011/3/2011-Estt.(D) dated 24.03.2011, it is reiterated that the
responsibility of sending the DPC proposals, complete in all respect, to the
UPSC, lies entirely on the administrative Ministries/ Departments
concerned.
3. Other reasons for
resorting to ad-hoc arrangements are absence/revision of Recruitment Rules,
disputed Seniority Lists etc. With regard to tackling the problem of absence
of RRs, it may be pointed out that the OM No. AB 14017/79/2006-Estt. (RR)
dated 6th September, 2007 provides that where no Recruitment Rules exist or
where the existing Recruitment Rules are repealed as per the prescribed
procedure, the option of approaching the UPSC for one time method would be
available. These instructions further provide that it will not be feasible or
advisable for the UPSC to suggest one time method of recruitment in cases
where Recruitment Rules exist even if they are perceived as unworkable. In
such situations, the administrative Ministries/Departments will have to
process necessary amendments required in the Recruitment Rules and,
thereafter, initiate the recruitment process.
4. Ad-hoc
appointments/promotions should be made only in rare cases and for exigencies
of work, where the post cannot be kept vacant until regular candidate becomes
available. Persons appointed on ad-hoc basis to a grade are to be replaced by
persons approved for regular appointment by direct recruitment, promotion or
deputation, as the case may be, at the earliest opportunity. As already
provided in this Department’s O.M. No.28036/1/2001- Estt.(D) dated
23.07.2001, no appointment shall be made on ad-hoc basis by direct
recruitment from open market. Where the vacant post cannot be kept vacant for
functional considerations, efforts are required to be made to entrust the
additional charge of the post to a serving officer under provisions of FR-49,
failing which only appointment by ad-hoc promotion/ad-hoc deputation is to be
considered in terms of provisions of this Department’s O.M.
No.28036/8/87-Estt.(D) dated 30.03.1988.
5. As already provided in
this Department’s O.M. No.22011/3/75-Estt.(D) dated 29th October, 1975, and
reiterated in O.M. No.28036/8/87-Estt.(D) dated 30.03.1988 and O.M.
No.28036/1/2001-Estt.(D) dated 23.07.2001, an ad-hoc appointment does not
bestow on the person a claim for regular appointment and the service rendered
on ad-hoc basis in the grade concerned also does not count for the purpose of
seniority in that grade and for eligibility for promotion to the next higher
grade. As per existing provisions, these facts are to be clearly spelt out in
the orders of the ad-hoc promotions/ ad-hoc appointments. Therefore, such
ad-hoc arrangements are neither in the interest of the individuals nor the
organizations concerned. It is, thus, not appropriate to resort to ad-hoc
arrangements in a routine manner.
6. As per existing
instructions vide O.M. No.28036/8/87-Estt.(D) dated 30.03.1988 and O.M.
No.28036/1/2001-Estt.(D) dated 23.07.2001, the total period for which the
appointment/ promotion may be made, on an ad-hoc basis, keeping in view the
exceptionalities anticipated in these OMs, by the respective Ministries/
Departments, is limited to one year only. These instructions further provide
that in case of compulsions for extending any ad- hoc appointment/promotion
beyond one year, the approval of the Department of Personnel and Training is
to be sought at least two months in advance before the expiry of the one year
period. Also, if the approval of the Department of Personnel & Training
to the continuance of the ad-hoc arrangement beyond one year is not received
before the expiry of the one year period, the ad-hoc appointment/promotion
shall automatically cease on the expiry of the one year term. Notwithstanding
these provisions, instances have come to notice of this Department where
Ministries/ Departments have continued ad-hoc arrangements beyond one year
without express approval of this Department, and later on, approached this
Department to seek ex-post facto approval for continuation of such
arrangements. It is reiterated that continuation of any ad-hoc arrangement
beyond one year and release of pay and allowances for the same, without
express approval of this Department is not in order.
7. This Department vide
O.M. No.39036/02/2007- Estt.(B) dated 14.11.2008, has requested all the
Ministries/ Departments to comply with the regulation-4 of the UPSC (Exemption
from Consultation) Regulations, 1958, which provide that if a temporary or
officiating arrangement made by ad-hoc appointment to a post falling within
the purview of UPSC is likely to continue for a period of more than one year
from the date of appointment, the Commission shall immediately be consulted
in regard to filling up of the post. For this purpose, the
Ministries/Departments are required to furnish monthly and six-monthly
returns to the Commission showing all such Group ‘A’ and S’
Gazetted appointments and
promotions made without reference to the Commission, as emphasized in this
Department’s OM No. 39021/1/94-Estt.(B) dated 22.07.1994. These instructions
are again reiterated and all the Ministries/Departments are requested to
ensure that requisite returns are furnished to the Union Public Service
Commission as per the time schedule prescribed so as to effectively monitor
the ad-hoc appointments being resorted to by various Ministries/Departments
without consulting the UPSC.
8. All the administrative
Ministries/Departments are requested to review the ad-hoc
appointments/promotions made by them, from time to time, and at least once a
year, on the basis of the guidelines and instructions in force, so as to
bring down the instances of such ad-hoc manpower arrangements to the barest
minimum, in respect of both Secretariat as well as non-Secretariat offices
under them.
sd/-
(Pushpender Kumar)
Under Secretary to the
Government of India
