0% found this document useful (0 votes)
775 views19 pages

Fixation of Seniority

The document provides guidelines for fixation of seniority amongst government officials in Mizoram. It lays out procedures for fixation of inter se seniority, including using a standard format and circulating provisional lists. It also describes how seniority is determined for direct recruits, promotees, and between direct recruits and promotees based on order of selection and rotation of quotas. Seniority lists must be updated regularly as officials leave posts or retire.

Uploaded by

pzohmingthanga
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
775 views19 pages

Fixation of Seniority

The document provides guidelines for fixation of seniority amongst government officials in Mizoram. It lays out procedures for fixation of inter se seniority, including using a standard format and circulating provisional lists. It also describes how seniority is determined for direct recruits, promotees, and between direct recruits and promotees based on order of selection and rotation of quotas. Seniority lists must be updated regularly as officials leave posts or retire.

Uploaded by

pzohmingthanga
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 19

No.

A-23020/1/2019-P&AR (GSW)
GOVERNMENT OF MIZORAM
DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS
(GENERAL SERVICE WING)

Mizoram Secretariat, MINECO


Aizawl, the 13th December, 2019

OFFICE MEMORANDUM

Subject: Guidelines for fixation of seniority and matters connected thereto

The Government has been considering for quite some time the issue of
making definite guidelines for fixation of seniority amongst the officials under the
Government of Mizoram. Taking into account the broad guidelines on the subject
matter issued by the Government of India in Department of Personnel and Training
vide OM No.20011/1/2008-Estt.(D) dt. 11.11.2010 and OM No.20011/1/2012-
Estt.(D) dt. 04.03.2014, the guidelines to be followed for fixation of seniority are
hereby laid down as follows which will be applicable for all departments under the
Government of Mizoram, including autonomous bodies/statutory bodies/bodies
substantially financed by the Government, unless there are separate
rules/regulations governing seniority and these guidelines shall come into force
with immediate effect.

2. PROCEDURE AND FORMAT FOR FIXATION OF INTER SE SENIORITY:

1) The standard format for fixation of inter se seniority of officials under the
Government of Mizoram had been issued vide OM No.A.23024/1/2009-
P&AR (GSW) dt. 02.02.2010 which provided for entries pertaining to the
name of officer, date of birth, date of superannuation, date of
appointment/joining to the present grade/post along with a remarks
column. A revised format as prescribed in Annexure-I may be scrupulously
followed while undertaking fixation of inter se seniority of officials. The
aforesaid OM also stands superseded with effect from the date of issue of
this OM.

2) A provisional seniority lists may first be circulated to all the concerned


officials for making representation, if any, for a reasonable period ranging
from a minimum of 7 days to a maximum of 45 days, as decided by the
appointing authority concerned while fixing the inter se seniority of officials.

3) The appointing authority shall, after taking into consideration


representations, if any, on the provisional seniority list, issue final seniority
lists. If valid points are raised in the representations and any deviations from
the provisional seniority lists is to be made in the final seniority lists, then, a
suitable speaking order may be made while issuing the final seniority lists.

1|Page
4) The Appointment’s Department OM No. ABG.245/79/1 dt. 13.08.1979
which prescribed the requirement of issuing second provisional seniority
lists stands superseded with effect from the date of issue of this OM.

5) The final seniority lists has to be duly issued and duly authenticated by an
officer not below the rank of Under Secretary to the Government/Deputy
Director in subordinate offices.

6) Seniority lists is to be fixed grade wise and thus, higher and lower grades
should not be mixed together even if there is a necessity of preparation of
combined eligibility lists of different grades for promotion to the next higher
grade/posts.

7) Seniority lists has to be updated regularly with a view to delete the names of
officials who had left the grade/posts on various accounts such as
promotion to higher grade/post, retirement from service, resignation,
absorption to other department/posts, death, etc. In such cases, circulation
of provisional seniority lists is not required since the existing seniority lists
is only to be updated but the names of officials who are deleted from the
seniority lists has to be duly shown as per the format at Annexure-II.

3. SENIORITY OF DIRECT RECRUITS:

1) The relative seniority of all direct recruits in a grade is determined by the


order of merit in which they were selected for appointment on the
recommendation of the relevant Departmental Promotion Committee (DPC)
such as Mizoram Public Service Commission (MPSC), Mizoram Subordinate
Services Selection Board (MSSSB), etc. Persons appointed as a result of an
earlier selection will be en bloc senior to those appointed on the basis of the
results of subsequent selection.

2) The inter se seniority of candidates nominated from reserve panel will be


fixed as per consolidated merit given by the relevant Departmental
Promotion Committee such as MPSC, MSSSB, etc.

3) If the DPC such as MPSC, MSSSB, etc. in response to two separate


requisitions from the Department on different point of time, sends two
selection panels of direct recruits on the same date, it becomes difficult to fix
the inter-se seniority of the candidates in such cases drawn from two
different selection panels of the same date since the general principles on
seniority envisages that the candidates appointed through an earlier
selection stand senior to those appointed through a subsequent selection. In
order to avoid such problems, effort should be made by the DPC concerned
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.
different panels on the same date), the following procedures may be followed
for fixation of the inter se seniority of the candidates from the two panels:

2|Page
a) Chronology of recommendation letters from the recruiting agency;

b) Where the date of recommendation letter is same, chronology of


interview board reports and

c) Where both (a) and (b) are also same, then the chronology of
requisition made by the respective departments.

4. SENIORITY OF PROMOTEES:

1) Where promotions are made on the basis of recommendations of a 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 the
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

2) Where promotions to a grade are made from more than one 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
Departmental Promotion Committee, shall be interpolated in the ratio
prescribed for each grade in the recruitment rules for the post.

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 at paragraph 4(2)
would not be viable. In such cases, it would be required to prepare a
combined eligibility list of the candidates from various feeder grades with
due regard to the inter-se seniority of the candidates of various feeder
grades. 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.

a) Date of completion of the qualifying service prescribed in the relevant


recruitment rules, in the feeder grade for promotion.

b) If the aforesaid date is same, then the date of completion of the


qualifying service in the feeder-to-feeder grade

c) Inter-se seniority of the officers in each feeder grade will be


maintained.

3|Page
5. RELATIVE SENIORITY OF DIRECT RECRUITS AND PROMOTEES:

1) The relative seniority of direct recruits vis-à-vis promotees shall be


determined according to the rotation of vacancies between direct recruits
and promotees. The rotation of vacancies in turn shall be based on the
quotas reserved for direct recruitment and promotion respectively in the
relevant recruitment rules.

2) If adequate number of direct recruits does not become available in any


particular year, rotation of quotas for 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 up to 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
according to the usual practice. Thereafter, in that year while seniority will
be determined between direct recruits and promotees, to the extent of the
number of vacancies for direct recruits and promotees as determined
according to the quota for that year, the additional direct recruits selected
against the carried forward vacancies of the previous year would be placed
en-bloc below the last promotee (or direct recruit as the case may be) in the
seniority list based on the rotation of vacancies for that year. The same
principle holds good in determining seniority in the event of carry forward, if
any, of direct recruitment or promotion quota vacancies (as the case may be)
in the subsequent years.

Illustration: Where the recruitment rules provide 50% of the vacancies in a


grade to be filled by promotion and the remaining 50% by direct recruitment,
and assuming there are 10 vacancies in the grade arising in each of the
years 2018-19 and 2019-20 and that 2 vacancies intended for direct
recruitment remained unfilled during 2018-19 and they could be filled
during 2019-20, the seniority position of the promotees and direct recruits of
these two years will be as under assuming that the starting point in the
recruitment roster maintained for this post is the method of promotion:

2018-19 2019-20
1) P_1 9) P_1
2) D_1 10) D_1
3) P_2 11) P_2
4) D_2 12) D_2
5) P_3 13) P_3
6) D_3 14) D_3
7) P_4 15) P_4
8) P_5 16) D-4

4|Page
17) P_5
18) D_5
19) D_6
20) D_7

3) The available direct recruits and promotees, for assignment of inter se


seniority, would refer to the direct recruits and promotees who are appointed
against the vacancies of a recruitment year.

4) Recruitment year would be the year of initiating the recruitment process


against a vacancy year. Recruitment year would be reckoned corresponding
to the vacancy year (i.e. from 1st April of the year to 31st March of the next
year) and not calendar year.

5) Initiation of recruitment process against a vacancy year would be the date of


sending of requisition for filling up of vacancies to the recruiting agency viz.
MPSC/MSSSB/DPC in the case of direct recruits. In the case of promotees,
the date on which a proposal, complete in all respects, is sent to
MPSC/MSSSB/Chairman-DPC for convening of DPC to fill up the vacancies
through promotion would be the relevant date.

6) The initiation of recruitment process for any of the method of recruitment


viz. direct recruitment or promotion would be deemed to be the initiation of
recruitment process for the other method as well.

7) Carry forward of vacancies against direct recruitment or promotion quota


would be determined from the appointments made against the first attempt
for filling up of the vacancies for a recruitment year.

8) The above principles for determination of inter se seniority of direct recruits


and promotees shall come into force with immediate effect. Cases of seniority
already settled between direct recruits and promotees need not be re-
opened.

9) As the conferment of seniority would be against the recruitment year in


which the recruitment process is initiated for filling up of the vacancies, it is
incumbent upon all administrative authorities to ensure, as far as possible,
that the recruitment process is initiated during the vacancy year itself.

Illustration: Where the recruitment rules provide 60% of the vacancies to be


filled up by direct recruitment and the remaining 40% by promotion and
assuming that 10 vacancies arises during the vacancy year 2019-20. The
requisition for filling up of 4 vacancies falling within the promotion quota
was sent to the MPSC within the vacancy year itself i.e. 01.04.2019 while the
requisition for filling up of 6 vacancies falling under direct recruitment was
sent to the MPSC within the same vacancy year itself but on a later date i.e.
10.01.2020. In this context, the initiation of recruitment process for
promotion i.e. 01.04.2019 will also be taken as the initiation of the

5|Page
recruitment process for the other method viz. direct recruitment although it
was initiated at a much later date. The relative seniority position of the
direct recruits and promotees for the recruitment year 2019-20 may be
arranged according to the rotation of vacancies between direct recruits and
promotees based on the quota prescribed in the relevant recruitment rules
as follows assuming that the starting point in the recruitment roster is the
method of promotion:

1) P_1
2) P_2
3) D_1
4) D_2
5) D_3
6) P_3
7) P_4
8) D_4
9) D_5
10) D_6

10) In order to help the appointing authorities in determining the number of


vacancies to be filled during a year under each of the methods of recruitment
as prescribed by the recruitment rules, a Vacancy Register giving a running
account of the vacancies arising and being filled from year to year may
henceforth, be maintained as per the format in Annexure-III.

6. MAINTENANCE OF ROSTER AND STARTING POINT IN RECRUITMENT


ROSTER BETWEEN DIFFERENT METHODS OF RECRUITMENT:

1) A recruitment roster should be maintained based on the quota prescribed for


different methods of recruitment in the recruitment rules. Appointment
should be made in accordance with the roster and seniority determined
accordingly.

Illustration: Where 75% of the vacancies are reserved for promotion and
25% for direct recruitment and assuming that the starting point in the
recruitment roster is the method of promotion, then, each direct recruit shall
be ranked in seniority below 3 promotees. i.e. P_1, P_2, P_3, D_1. If for any
reason, a direct recruit or a promotee ceases to hold the appointment in the
grade, the seniority list shall not re-arranged merely for the purpose of
ensuring the promotion referred to above.

2) Starting point in the recruitment roster for the purpose of determination of


inter se seniority of officers through direct recruitment, promotion, limited
departmental examination, absorption etc. should be that method of
recruitment prescribed in the recruitment rules for which the selection
process had been completed first. The method of recruitment which is
written first in the recruitment rules may not necessarily be the starting

6|Page
point in the roster unless the selection process had been completed first. For
this purpose, the date of the completion of the selection process will be
determined as follows:

Sl. Method of recruitment Date of completion of


No. selection process
1. Direct recruitment
(a) Through examination conducted by Date of publication/
MPSC/MSSSB or any other announcement of results
recruiting authorities
(b) Through interviews conducted by Date of issue of the letter of
MPSC/MSSSB or any other the MPSC/MSSSB conveying
recruiting authorities their recommendation
(c) Through interviews conducted by Date of meeting of the DPC or
DPC as constituted by the last date of meeting of the
Government from time to time DPC, in case meeting is
spread over more than a day

2. Promotion
(a) Through the MPSC or MSSSB Date of issue of the letter of
the MPSC/MSSSB conveying
their recommendation
(b) Through the DPC as constituted by Date of meeting of the DPC or
the Government from time to time last date of meeting of the
DPC, in case meeting is
spread over more than a day

3. Limited departmental examination


(a) Through the MPSC or MSSSB Date of publication/
announcement of results
(b) Through the DPC as constituted by Date of publication/
the Government from time to time announcement of results

3) A new roster will have to be started in the following cases:


a) From the date the recruitment rules are notified in the Gazette

b) When there is an amendment to the recruitment rules which changes


the percentage allotted for the various methods of recruitment.

7. SENIORITY OF ABSORBEES:

1) The relative seniority of persons appointed by absorption to a State service


from the subordinate offices of the Central/State 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

7|Page
2) Where such absorptions are effected against specific quotas prescribed in
the recruitment rules, the relative seniority of such persons appointed by
absorption vis-à-vis direct recruits or promotees, shall be determined by
rotation of vacancies amongst the available direct recruits, promotees and
persons appointed by absorption 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 earlier will apply, mutatis mutandis, in
determining inter-se seniority of the appointees.

3) The principle laid down in paragraph 7(1) 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 inter
se order of merit of the selected persons in such cases.

4) Seniority of persons absorbed after being on deputation: 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:-

a) The date he/she has been holding the post on deputation, (or)

b) 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.

5) 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.

6) Seniority of persons who are transferred and absorbed directly without


being on deputation: In case of persons who are transferred and absorbed
directly without being on deputation i.e. where the recruitment rules provide
for recruitment through absorption, his seniority in the grade in which
he/she is absorbed will also 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,

8|Page
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:

a) the date he/she has been holding the post on deputation, (or)

b) 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.

8. SENIORITY OF AN OFFICER UNDER SUSPENSION AND OF OFFICERS


AGAINST WHOM INQUIRIES 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.

9. 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 select
list. In this context, it may be reiterated that one of the minor penalties
prescribed under CCS (CCA) Rules, 1965 i.e. censure does not have currency
of penalty as in other major and minor penalties.

10. SENIORITY OF A GOVERNMENT SERVANT REVERTED TO A LOWER


POST/GRADE/SERVICE AS A MEASURE OF PENALTY AND
SUBSEQUENTLY PROMOTED TO A HIGHER POST:

1) An order imposing the penalty of reduction to a lower service, grade or post


or to a lower time-scale/level in the pay matrix should invariably specify:

a) the period of reduction, unless the clear intention is that the


reduction should be permanent or for an indefinite period;

b) whether on such re-promotion, the official will regain his original


seniority in the higher service, grade or post or higher time-scale/level

9|Page
in the pay matrix which had been assigned to him prior to the
imposition of the penalty.

2) In cases where the reduction is for a specified period and is not to operate to
postpone future increments, the seniority of the official 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/level in the pay matrix at
what it would have been but for his/her reduction.

3) Where the reduction is for a specified period and is to operate postpone


future increments, the seniority of the official 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/level in pay matrix.

11. SENIORITY OF STAFF RENDERED SURPLUS AND REDEPLOYED ON


DIFFERENT OCCASIONS BUT IN THE SAME OFFICE:

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.

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:

a) no direct recruit has been selected for appointment to that grade in


between these dates; and

b) 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.

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

10 | P a g e
12. SENIORITY IN CASES OF DELAY IN REPORTING FOR DUTY AFTER
SELECTION:

1) An offer of appointment issued by different Departments should clearly


specify the period (which shall not normally exceed one or two months,
unless otherwise expressly specified in the relevant recruitment rules) after
which the offer would lapse automatically if the candidate did not join within
the specified period.

2) If, however, within the specified period, a request is received from the
candidate for extension of time, it may be considered by the 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.

3) If, even after the extension(s), if any, granted by the Departments, a


candidate does not within the stipulated time (which shall not exceed a
period of six month), the offer of appointment should lapse.

4) An order of appointment which has lapsed, should not ordinarily be revived


later, except in exceptional circumstances and on grounds of public interest.
The Commission (MPSC) should in all cases be consulted before such offers
are revived.

5) In a case where after the lapsing of the offer, the offer is revived in
consultation with the commission as mentioned in paragraph 12(4) 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 join 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.

11 | P a g e
13. SENIORITY OF A PERSON WHO HAS BEEN TRANSFERRED TO A LOWER
POST UNDER FR-15A:

When an official 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 official 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.

14. SENIORITY OF AN OFFICIAL TRANSFERRED TO THE SAME POST IN


ANOTHER CADRE:

When an official is transferred to the same post on his own request in


another cadre, his occupying the same position in the seniority lists in the
new cadre would affect adversely the existing officials in the grade/post.
Hence, an official seeking transfer to the same post in another cadre, at his
own request, would be placed below all officials appointed regularly to the
grade/post in that cadre on the date of transfer.

15. SENIORITY OF MERITORIOUS SPORTSPERSONS APPOINTED IN


RELAXATION OF RECRUITMENT RULES:

1) Where sportspersons 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.

2) Where recruitment to a post is through a selection made by the Mizoram


Public Service Commission or the Mizoram Subordinate Services Selection
Board, whether by a competitive examination or otherwise, the
sportspersons recruited by the department themselves should be placed en
bloc junior to those who have already been recommended by the Mizoram
Public Service Commission or the Mizoram Subordinate Services Selection
Board.

3) The inter se-seniority of sportspersons will be in the order of selection.

4) A sportsperson appointed to a higher post/grade by grant of out of turn


promotion in relaxation of provisions of statutory recruitment rules
applicable to the post/grade, will be assigned seniority below all the regular
personnel appointed (recruited/promoted) in that particular year.

12 | P a g e
16. SENIORITY OF PERSONS APPOINTED ON COMPASSIONATE GROUND:

1) 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.

2) Date of joining by a person appointed on compassionate grounds shall be


treated as the date of his/her regular appointment.

3) A person appointed on compassionate ground in a particular year may 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 ground.

17. SENIORITY OF PERSONS SELECTED FOR APPOINTMENT TO


DIFFERENT POSTS IN THE SAME GRADE REQUIRING DIFFERENT
QUALIFICATIONS:

1) The relative seniority of all direct recruits are to be determined by the order
of merit in which they are selected for such appointment on the
recommendation of the MPSC or other selecting authority and persons
appointed as a result of an earlier selecting being senior to those appointed
as a result of a subsequent selection.

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

3) The seniority of persons appointed to posts indicated above will be


determined in the order in which their names appear in the consolidated list.

18. SENIORITY OF CIVIL GOVERNMENT SERVANTS WHO ARE PERMITTED


TO TAKE UP MILITARY SERVICE DURING EMERGENCY AND OF CIVIL
GOVERNMENT SERVANTS WHO ARE MEMBERS OF DEFENCE
RESERVES/TERRITORIAL ARMY/AUXILIARY AIR FORCE AND ARE
CALLED UP FOR MILITARY SERVICE DURING EMERGENCY:

In the case of all such Civil Government servants, the period spent in
military service/training will be counted towards seniority in their Civil
posts. If such a Government servant is promoted to a higher post in his
parent Department/office during his absence on military service, his military

13 | P a g e
service, from the date of such promotion will count for seniority in the higher
post.

19. SENIORITY OF RE-EMPLOYED OFFICERS:

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.

2) 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 recruitment rules applicable to direct recruits, be
treated as direct recruits and their seniority in the grade fixed accordingly.

3) However, where such officers are appointed to civil posts and the
recruitment rules applicable thereto prescribed re-employment as a distinct
method 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.

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.

20. SENIORITY OF WORK-CHARGED/ CONTRACT/ MUSTER ROLL


EMPLOYEES UPON REGULAR APPOINTMENT:

1) Seniority of Work-charged, Contract, Muster Roll employees upon regular


appointment to the same substantive sanctioned posts held earlier on work-
charged/contract/muster roll basis shall count from the date of
appointment as per the rules on regular basis.

2) The inter se seniority of Work-charged, Contract or Muster Roll employees


upon regular appointment to the same substantive sanctioned posts shall be
determined as per the order of merit recommended by the respective
Departmental Promotion Committee.

14 | P a g e
3) Work-charged, Contract, Muster Roll employees upon regular appointment
to the same substantive sanctioned posts shall be treated as “direct recruits”
since the regularisation is done within the direct recruitment quota as
prescribed by the relevant recruitment rules.

4) When relative seniority is to be maintained between direct recruits,


promotees, etc as per the quota prescribed in the recruitment rules, Work-
charged, Contract, Muster Roll employees upon regular appointment to the
same substantive sanctioned posts are to be treated as “direct recruits”.

21. SENIORITY OF AD HOC/OFFICIATING EMPLOYEES UPON REGULAR


APPOINTMENT:

Ad hoc/officiating employees who were appointed initially without following


the procedure laid down by rules but who continues in the post
uninterruptedly till the regular appointment in accordance with the rules to
the same substantive sanctioned posts held earlier on ad hoc/officiating
basis, the period of officiating service shall be counted for fixation of
seniority. This is in accordance with the law laid down by the Supreme
Court in its judgement in the case of Direct Recruits Class II Engineering
Officers’ Association vs State of Maharashtra and Ors dated 02.05.1990.

22. DELINKING SENIORITY FROM CONFIRMATION:

Seniority of a person regularly appointed to a post according to rules would


be determined by the order of merit indicated at the time of initial
appointment and not according to the date of his confirmation. Thus,
seniority is delinked from confirmation.

23. FIXATION OF SENIORITY WHEN HIGHER EDUCATIONAL


QUALIFICATIONS ARE ESSENTIAL FOR PROMOTION TO HIGHER
GRADE/POST:

The seniority of officials in a grade/post for which possession of higher


educational qualifications are essential as per the relevant recruitment rules
for promotion to the next higher grade/post are to be fixed as per the
instructions in these guidelines irrespective of the possession or otherwise of
the educational qualifications essential for promotion to the next higher
grade/post. However, the educational qualifications possessed by the
officials may be suitably indicted under the “Remarks” column in Annexure-I
while finalising the seniority lists since the same will be essential for
consideration of cases for promotion to the next higher grade/post.

Sd/- LALRINSANGA
Joint Secretary to the Govt. of Mizoram

15 | P a g e
ANNEXURE-I

FINAL SENIORITY LIST OF ________________________ (NAME OF GRADE/POST)


AS ON ___________________

Sl. Name of Date of Due date Date of first Date of Remarks3


No. official1 birth2 of entry on appointment
superan- regular basis /regular
nuation in Govt. promotion
service and to the
name of the present
post grade/post
(1) (2) (3) (4) (5) (6) (7)

Name, designation and signature of cadre controlling authority

1
The name of official should be entered exactly as recorded in the Service Book in the case of Non-Gazetted
officials and Service Card in case of Gazetted officials.
2
Date of birth as originally recorded in the Service Book in the case of Non-Gazetted officials and Service Card
in case of Gazetted officials should be entered in this column
3
When educational qualification is one of the eligibility condition for promotion to a higher grade, the
educational qualification of the officials may invariably be indicated against each of the official in the
“remarks” column

17 | P a g e
ANNEXURE-II

DELETION LISTS IN THE FINAL SENIORITY LIST OF _______________________


(NAME OF GRADE/POST) AS ON ___________________

Sl. Name of Date of Due date Reason(s) for deletion Remarks,


No. official4 birth5 of from the seniority lists if any
superan-
nuation
(1) (2) (3) (4) (5) (6)

Name, designation and signature of cadre controlling authority

4
The name of official should be entered exactly as recorded in the Service Book in the case of Non-Gazetted
officials and Service Card in case of Gazetted officials
5
Date of birth as originally recorded in the Service Book in the case of Non-Gazetted officials and Service Card
in case of Gazetted officials should be entered in this column

18 | P a g e
ANNEXURE-III
VACANCY REGISTER

2018-19 2019-20 2020-21 2021-22


1. Total number of vacancies
arising during the vacancy
year
2. Vacancies falling under direct
recruitment
i) No. of vacancies to be filled
a) Vacancies of the year (as
per quota prescribed)
b) Vacancies of the
previous year(s) brought
forward
c) Total
ii) No. of vacancies actually
filled
iii) No. of vacancies carried
forward
3. Vacancies falling under
promotion
i) No. of vacancies to be filled
a) Vacancies of the year (as
per quota prescribed)
b) Vacancies of the
previous year(s) brought
forward
c) Total
ii) No. of vacancies actually
filled
iii) No. of vacancies carried
forward
4. Vacancies falling under
limited departmental
examination
i) No. of vacancies to be filled
a) Vacancies of the year (as
per quota prescribed)
b) Vacancies of the
previous year(s) brought
forward
c) Total
ii) No. of vacancies actually
filled
iii) No. of vacancies carried
forward

Note: The methods of recruitment mentioned above are only illustrative; those
prescribed in the relevant recruitment rules will be reflected in the register.

19 | P a g e

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy