No.1/18/88-CS.III

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
New Delhi
*****

6/618, Nirwachan Sadan
New Dlhi-110001
Dated 1st April, 1989

Subject:- Redeployment of Surplus Staff – Introduction of Revised Scheme.

As Ministry of Finance, etc., are aware, 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. A copy of the Revised Scheme is enclosed for information. This scheme which comes into force immediately supersedes the scheme issued on 25-2-66. The various orders and instruction issued in pursuance of the earlier scheme shall, to the extent of conflict with the provisions of this Revised Scheme, stand superseded. The decisions already taken under the earlier scheme shall not, however, be reopened.

4.   In this connection, it will be pertinent to point out that the Revised Scheme differs from the scheme issued in February, 1966 broadly in the following areas:-

4.1   The Revised Scheme envisages that the Staff declared Surplus will be transferred to a Surplus Staff Establishment to be created in each Ministry/ Department, pending their redeployment. The temporary posts held by the surplus employees shall be transferred to the said Establishment. Wherever the posts held by the Surplus employees are permanent, these will be abolished and in lieu thereof supernumerary posts will be deemed to have been created for the surplus employees in the Surplus Staff Establishment. These posts will get abolished immediately on the concerned Surplus employees being relieved whether to join other posts or as a result of their retirement, resignation, etc., whichever is earlier.

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 Revised Scheme also prescribes that the concerned redeploying agency can direct the surplus nominee to join the post if no objection is received from the recipient organization within one month and the recipient organization will be under obligation to accept such employee.

4.3   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. Similarly the low-paid employees will also be eligible for readjustment facility in States of their choice in certain specified circumstances. Rules regarding re-adjustment of redeployed surplus staff are being issued separately.

4.4   The Revised Scheme does not contain a provision for grant of Special Leave to the surplus employees as existing in Ministry of Home Affairs O.M. NO 4/1/66-CC dated 26.12.66. In view of the deletion of the provision for retrenchment of employees remaining underemployed at the end of six months, it has not been considered necessary to grant any Special Leave to the surplus employees under redeployment.

4.5   In para 8 of the Revised Scheme, there is an emphasis on arranging appropriate training of the staff due to be rendered surplus so that they can be redeployed in posts where they can prove useful. Action in this regard will have to be initiated by the respective Ministries/Deptts., well in advance, as mentioned in the Revised Scheme.

1.   The undersigned is directed to request the Ministry of Finance, etc., to bring the provisions of the Revised Scheme to the notice of all controlling authorities of the posts and services under their control.

( A.S. Taneja)
Deputy Secretary (SR)
Tel: 383569

No.1/18/88-CS.III

Dated, New Delhi the 1.4.1989

1.   All Ministries/Departments of Govt. of India etc. ( including all attached and subordinate offices of the Ministry of Personnel, P.G. & Pensions).

2.   All Zonal Councils.

3.   The Comptroller & Auditor General of India.

4.   The Secretary, Union Public Service Commission, New Delhi (with twenty spare copies).

5.   All Union Territory Governments /Administrations.

6.   All service sections of the Ministry of Personnel, P.G. & Pensions.

7.   All Accountant Generals.

8.   Ministry of Finance, D/Expenditure (with 10 spare copies).

9.  Rajya Sabha Sectt., New Delhi (with 2 spare copie
10.   Lok Sabha Sectt., New Delhi (with 2 spare copies).

( A.S. Taneja)
Deputy Secretary to the Govt. of India

REVISED SCHEME FOR THE DISPOSAL OF PERSONNEL RENDERED SURPLUS DUE TO REDUCTION OF ESTABLISHMENT IN CENTRALr GOVT.DEPARTMENTS/OFFICES

PREAMBLE

1.   In the context of a modern, development-oriented welfare state, the concept of having a fixed Government establishment is no longer valid or possible. It is necessary to shift manpower from a low priority to a higher priority area of governmental activity. Besides, with a view to containing expenditure on establishment and improving efficiency of public services, the organizational structure and work procedures in vogue have to be constantly subjected to a review and readjustment by the application of improved techniques and concepts of management and financial control, and introduction of advanced or more extensive technical support. For this purpose, studies of work-measurement and for appraisal of the relevance and effectiveness of the existing working procedures and organizational set-up have to be carried out through specialized agencies like the Staff Inspection Unit of the Ministry of Finance (Department of Expenditure); Department of Administrative Reforms and Public Grievances; Internal Work Study Units, etc. As a result of these exercises, as also arising out of Zero Base Budgeting, it may be found necessary in some cases to reduce the sanctioned establishment, or discontinue or transfer an activity carried out in one organization or department. In certain cases an organization may be found to be altogether redundant and may have to be wound up or abolished. In all such cases, the staff employed therein is affected. It is the considered view of the Government that it will be contrary to the concepts of personnel management that improvements 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.

BASIC ASSUMPTION

2.0   The scheme is based on the following assumptions:-

2.1   The existence of superfluous personnel in any organisation only retards its progress and adversely affects its efficiency and even the interests of the personnel employed in it and it is advisable to prune away such superfluous personnel, as soon as detected.

2.2   That if the job of pruning away superfluous personnel in government organizations is to succeed, there must be a really effective procedure for arranging speedily alternative placements for the personnel so identified as surplus.

2.3   That to facilitate speedy placement of surplus staff, it is necessary to ensure ready availability of vacancies with the centralised redeploying agencies and also to ensure that the placement proposed by such redeploying agencies is accepted without and hesitation by the other government Departments/offices in which the relevant vacancies are located.

2.4   That to ensure that surplus personnel are readily acceptable for absorption and become useful members of the staff of the organization to which they are redeployed, it is necessary to give them training in new skills, wherever required.

2.5   That it is advisable to continue to offer attractive retirement benefits to the surplus staff so that those who are not interested in moving to alternative jobs or do not find themselves to be capable of adjusting to new environments and demands of work can happily seek voluntary retirement.

3.0 APPLICATION OF THE SCHEME:

3.1   The scheme will apply to the Central Civil Servants (other than those employed on ad-hoc, casual, work-charged or contract basis) who

(a)   ; are permanent or quasi-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 –

(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: or

(ii)   studies of work measurement undertaken by the Staff Inspection Unit of the Ministry of Finance or any other body set up by the Central Govt. or the Ministry/Department concerned : or

(iii)   abolition or winding up (in whole or part) or an Organization of the Central Government.

3.2   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.

3.3   The scheme shall not apply to:

(i)   Ministry of Railways (except the staff and posts at the Headquarters of the Railway Board);

(ii)   Field formations of the Ministry of Defence (except those under the Deptt. Of Defence Research and Development );

(iii)   Appointments to the Scientific and other posts under the Ministries/Organisations which have been specially excluded from the purview of the personnel policies and recruitment procedure laid down by the Department of Personnel and Training (e.g. Department of Space; Department of Electronics; Department of Atomic Energy; etc.), except where desired otherwise by such Ministry/Organisation.

(iv)   Any other category of post as may be specified under rules/orders.

4.0 IDENTIFICATION OF SURPLUS STAFF

4.1   Once the findings regarding surplus staff contained in the reports of the Department of AR & PG or the SIU or the IWSU or any other Committee or study team constituted by the Government or the Ministry concerned have been discussed and agreed upon at the appropriate level, it shall be incumbent upon the administrative Ministries/Head of Department to give formal effect to the reduction in the sanctioned strength and identify and declare the excess staff surplus within 3 months of the receipt of the report.

4.2  Likewise, where a decision has been taken with the approval of the Cabinet to abolish or wind up an organization in phases, the administrative Ministry shall, unless a different time frame is prescribed by the Government, give effect to the reduction in staff strength within a period of 3 months from the date of receipt of such decision.

4.3   In this context, the administrative Ministries/Head of the Department shall determine the posts which are required to be abolished in the light of the report or the decision as referred to in sub para 4.1 above and shall take action to complete the process of identification of such posts within a period of one month from the date of receipt of the report or the decision in question.

4.4   (a)&nbps; Immediately after the surplus posts requiring abolition are determined, action shall be taken in hand to determine whether there is any surplus staff, and, if so, to identify them. Ordinarily, the junior most temporary persons should be surrendered against the reduced cadre strength followed, if necessary, by the junior most quasi-permanent and then permanent staff. The rule of ‘junior most’ should be insisted upon and the Central Cells in the Deptt. of Personnel and Training and the Directorate General of Employment and Training would have authority to see to the strict and prompt observance of this rule. There shall, however, be no bar to the persons higher in the seniority ladder volunteering for the purpose, particularly if they wish to avail of the voluntary retirement benefits available to the surplus employees.

(b)   Where an Organisation is being wound up in phases, the surplus staff should be declared surplus not in the reverse order of the seniority, but strictly in accordance with the regular seniority itself. In such a cases, the seniors may, at their option, be allowed to stay back for being surrendered at a later stage and their juniors surrendered forthwith, making a it specifically clear to them that by opting to stay back they would lose in point of seniority in the new offices where their juniors would be getting redeployed earlier.

(c)  The application of the above principles will be subject to the special instruction in regard to the member of the Scheduled Castes & Tribes, couple cases, etc., issued from time to time.

(d)   Detailed steps and time limits for identification of surplus staff and having them cleared from the eligibility angle for redeployment with the Central Cell concerned, are laid down in Annexure I to this Scheme and should be strictly followed by the administrative Ministries/Department in which surpluses exist.

(e)  An employee, though ordinarily due to be declared surplus may not be declared surplus and his redeployment kept in abeyance if he is under suspension or facing disciplinary proceedings, till his re-instatement and/or conclusion of the disciplinary proceedings against him. Each such case will however, be reported to the Cell concerned.

(f)  The decision of the Department of Personnel & Training on the question of eligibility of an employee for redeployment will be final.

5.0   AGENCIES FOR REDEPLOYMENT OF SURPLUS STAFF

5.1   The Central (Surplus Staff) Cell in the Department Personnel and Training, Ministry of Personnel, Public Grievances and Pensions will be responsible for arranging the redeployment of surplus staff against vacancies arising in Central Civil Services and posts belonging to Groups A, B & C, in consultation with the Union Public Services Commission in respect of appointments against Group ‘A’ & ‘B’ posts, as provided in the rules.

5.2   The redeployment of surplus staff arising in Central Civil Services and posts in Group ‘D’ will be handled by the Special Cell in the Directorate General, Employment and Training, under the Ministry of Labour, as heretofore. However, where necessary, the Central (Surplus Staff) Cell in the Department of Personnel and Training may, as far as possible under advance intimation to the Special Cell under the DGE&T, nominate a Group ‘C’ surplus employee against a vacancy in a Group ‘D’ post/service.

(Note : The two Cells have been referred to hereafter as the ‘Central Cells’)

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   DISPOSTION 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 or the Directorate General Employment and Training, as the case may be, will be transferred to a ‘Surplus Staff Establishment’ which will be created to accommodated such surplus staff in the concerned Ministry/Department or office, as the case may be. The posts held by the temporary, including quasi-permanent and officiating employees declared surplus shall be transferred to such Establishment from the date on which their incumbents are declared surplus. In the case of surplus employees occupying permanent posts, their regular posts will be abolished form the date they are declared surplus and supernumerary posts created simultaneously in their lieu, in the same scale of pay and with the same designation in the Surplus Staff establishment aforesaid.

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.

6.3.1   Every employee, as soon as he is declared surplus will be informed of the availability of the facility of seeking voluntary retirement under Rules 29, 48 and 48-A of the CCS (Pension) Rules, 1972, and various clauses of FR 56. If a request for retirement under any of these rules is received, it should be processed expeditiously under the relevant rule(s), and orders for retirement issued as early as possible.

6.3.2   The Central Cell concerned should be informed of the acceptance of the request for retirement immediately so that the process of redeployment being carried on by it, is discontinued.

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 &nbsp A surplus employee may, while awaiting redeployment, be given by his Head of Department/Organisation 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.

6.5.1   As soon as an offer of appointment for an alternative placement arranged by the Central Cell concerned, irrespective of whether it is in the post carrying matching pay scale, or in the State of employee’s choice, or otherwise, or a direction from such Cell for relieving the surplus employee for taking up a post under another organization is received, the Head of Department concerned should take immediate action to relieve the surplus employee, whereupon the post held by him in the Surplus Staff Establishment will stand abolished. No person who is once relieved from the aforesaid Establishment will be taken back on the Surplus Staff Establishment, except with the prior concurrence of the Cell concerned. The persons on long leave and those unauthorisedly absent, may be relieved in absentia with directions to join the recipient post on expiry of the sanctioned leave (which may in appropriate cases be curtailed) or within the period specified by the recipient organization or the Cell as the case may be. The action to relieve a surplus employee should not be withheld merely on account of a representation made by the employee.

6.5.2  It will be the responsibility of the Financial Adviser to the Ministry / Organisation not to release the pay of a surplus employees for whom an offer of appointment or direction of the concerned Cell has been received in terms of para 6.5.1 above, beyond the date of receipt of such offer or direction, as the case may be, except for such period as is absolutely necessary to relieve the employee concerned.

7.0 REPORTING OF VACANCIES TO THE CENTRAL CELLS

7.1  It is necessary that Central Cell handling redeployment of surplus staff should have with them vacancies readily available for making placement of surplus staff against them. For this purpose, the present ban on direct recruitment to posts in Government organizations, unless a certificate is obtained from the Central Cell concerned for each category of posts on each occasion to the effect that the Central Cell has no suitable candidates to sponsor, will continue to operate.

This ban will not, however, apply to recruitment made through the annual competitive examinations held by the Union Public Service Commission.

7.2   Likewise, there will also be a ban on filling up of any post by transfer (otherwise than on deputation basis), except in a purely short-term arrangement, without obtaining a certificate of non-availability of surplus staff for redeployment against such vacancies in the first instance from the concerned Cell.

7.3   Detailed instructions issued by the Department of Personnel & Training regarding the procedure to be followed for reporting of various categories of vacancies to the Central Surplus Cell located in that Department and the Special Cell located in the Directorate General, Employment and Training should be strictly adhered to by the controlling authority in respect of recruitment to a Service / Post, and any deviation from these instructions will be viewed seriously by the Government.

7.4   No vacancy which has been reported to the Central Cell concerned will be permitted to be withdrawn, once and surplus employee has been nominated against it, except when a request is made, explaining reasons for such withdrawal, either by, or with the express approval of, the Secretary of the Administrative Ministry. This rule will also apply to vacancies in Group A and B Services / posts against which the Union Public Service Commission has recommended surplus employees, sponsored by the Cell in the Department of Personnel and Training, for appointment. The Ministry / Head of Department concerned shall ordinarily abide by the decision given by the authorities of the Central Cell on such requests. In the case of continuing difference of opinion, the decision of the Department of Personnel & Training will be final.

8.0   PERSPECTIVE PLANNING AND TRAINING

8.1   Each Ministry / Department will assess annually its needs for training of staff during the succeeding year and indicate its requirements in a prescribed proforma to the Department of Personnel & Training, indicating the number and level of persons requiring training; specific skills in which such training is required; the territorial disposition of such staff; the level at which such training should be imparted to the various sets of employees; and suggesting the optimum duration, venue and the appropriate date of commencement of the training course.

8.2   In particular, each Ministry / Head of Department shall assess the number of employees category-wise who are going to be declared surplus during the succeeding year and who would need training in new skills in order to promote their speedy adjustment in alternative posts either within the same department, or in other departments under the same Ministry, or any organization under other Ministries.

8.3   The above assessment of training needs should be referred to the Department of Personnel & Training at least 6 to 8 months in advance of the time when such training is actually to be taken in hand.

8.4   The Department of Personnel & Training shall then take steps to arrange the requisite training programme for the staff in question in consultation with various Ministries / Organisations concerned.

8.5 &nbps; Department of Personnel & Training will also decide as to whether a surplus employee should be imparted training in any new skills before his redeployment in a new organization or he can be given in-service training in the new organization after his redeployment therein. For example, it may not be necessary to give pre-redeployment training in typing to a person who is educationally qualified, for his redeployment as a clerk in a new organization as the employee can undergo necessary training in typing, while working usefully as a clerk in such organization after his redeployment.

8.6   A surplus employee undergoing training will continue to receive full pay and allowances during the period of such training, whether arranged prior to, or, after his redeployment.

8.7   A surplus employee who is sponsored for training will be expected to apply himself seriously and diligently to the acquisition of the new skills in which he is proposed to be trained. Refusal or failure to join such training course or failure to show progress, without adequate cause, in the field of training may attract disqualification for redeployment and action may be taken, in the case of those who are not already redeployed, to terminate their services.

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.

9.2.1   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.

9.2.2   For this purpose, a matching pay-scale shall mean a pay-scale the maximum of which is equal to that of the pay-scale of the surplus employees, 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.

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 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 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.

9.4   While efforts will be made to take the view-point of the recipient organisations into account, the Central Cells will have the eventual authority to decide whether a particular person would be accepted by a particular organization. The recipient Ministry / Department should issue the letter of appointment in response to the nomination ordinarily within a fortnight. If the recipient organization has any strong grounds against the absorption of the surplus employee sponsored for the purpose (except an employee recommended by the Union Public Service Commission in which case the procedure for non-acceptance of the Commission’s recommendations will have to be followed) it should convey the same to the concerned Cell within the said period of a fortnight. If neither objection nor any appointment letter is received by the concerned Cell within a period of one month of the date of nomination of the surplus employee, it will be assumed that the recipient organization has no objection to accept him and it will be competent for the Central Cell concerned, to direct the parent organization to relieve the surplus employee to report for duty to the recipient organization, under intimation to the latter, and upon the employee being so relieved, he shall be treated to be in the service of the recipient organization. The Department of Personnel & Training may make necessary provisions in the rules to this effect.

9.5   While the existing provisions in the rules for making relaxation in the matter of educational qualifications, experience etc. for appointment of surplus staff to posts filled by direct recruitment or transfer may continue, it should be ensured that where a surplus employee is sponsored for appointment against a post carrying a higher maximum than that of his present pay scale, he should have either the qualifications, as prescribed for appointment to the post by direct recruitment or by transfer or should have been successfully performing the duties attached to the recipient post in his parent department.

9.6   (a) &nbps; An employee who is officiating in a post declared surplus, shall be eligible for redeployment to a post carrying a matching pay scale as per para 9.2.1 and 9.2.2 above 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 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 on which he holds a lien; and

(iii)   He is not due for superannuation, or 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 employee 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 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 restriction regarding redeployment in a post carrying only a matching pay scale provided in clause (a) and the provision for reversion at the end of six months, if no placement in an appropriate post can be arranged within the aforesaid period, contained in clause (b) above shall not apply in 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 being placed on probation on such officiating appointment.

10.0 READJUSTMENT OF REDEPLOYED STAFF IN CERTAIN CASES

10.1   As one of the objectives of the scheme is to arrange alternative placement for the staff identified as surplus on a most expeditious basis, so that they do not constitute an infructuous burden upon the exchequer, it will be necessary in many cases to redeploy them against posts carrying lower pay scales or lower classification. Though normally the effort will be to redeploy the low paid employees belonging to Groups C & D in the same State in which they express desire to settle down, it may be necessary to redeploy them in other States if no suitable vacancies are reported to the Surplus Staff Cells at the relevant time. In order to mitigate hardship caused to the surplus employees in such cases, they may, at their option, be readjusted subsequently in posts carrying matching pay scales or equivalent classification, as the case may be. Likewise, effort may also be made to readjust the low paid employees earlier redeployed elsewhere, in posts located in the State in which they were earlier posted or wanted to be redeployed. This facility may also be extended to other categories of hardship cases as may be determined by the Government from time to time. Necessary rules may, in this connection, be framed by the Department of Personnel & Training.

11.0   BENEFIT OF PAST SERVICE AFTER REDEPLOYMENT / READJUSTMENT AS THE CASE MAY BE

11.1   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.

11.2   As at present, the surplus employees will be treated to have been appointed by transfer in public interest in the matter of admissibility of Joining Time. Joining Time Pay and Transfer TA for moving to the new post located in a Central Government Department.

11.3  A surplus employee who is permanent will enjoy protection of lien when redeployed / readjusted in a new organization.

11.4   In other service matters, they will be treated as appointed by transfer.

11.5   The surplus employees have the option to retain their existing classification if they are redeployed in posts carrying lower classification. This facility will continue to be extended.

12.0 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 rules 7 & 5 respectively of the Central Civil Services (Temporary Services) Rules, 1965 in respect of Quasi-Permanent / temporary employees or he should be reverted to his substantive post on which he is holding a lien, if such post has not been declared surplus. Similar action may also be taken against a surplus employee who refuses to join the training course to which he is sponsored by the surplus Staff cell pending his redeployment, or willfully fails to join the same by the specified date, or fails to show satisfactory progress therein; as provided for in para 8.7 above.

ANNEXURE-I

STEPS FOR IDENTIFYING SURPLUS STAFF FOR THEIR TRANSFER TO THE SURPLUS STAFF ESTABLISHMENT AND THEIR FURTHER DISPOSAL

1.0   Basis for declaring staff surplus

1.1   Agreed recommendation on the report of the Staff Inspection Unit / Internal works Study Unit / Department of Administrative Reforms and Public Grievances or other Committee / Body appointed by the Government for carrying out studies aimed at work measurement / reviewing organizational structure, application of Zero base budgeting etc., involving reduction of sanction strength in one or more posts;

1.2   Decision / orders for (a) winding up or abolition of an organization or a particular on-going activity in an organization, (b) to transfer an activity / organization to an autonomous organization / Public Sector Undertaking / State Government, etc.

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.

Note : Staff rendered surplus as a result of ad-hoc economy cuts or other economy measures without accompanying reduction of posts is not eligible for redeployment through the Central Cells (i.e. the Central Surplus Staff Cell in Department of Personnel & Training and the Special Cell in the Directorate General, Employment & Training).

3.0   Steps for identification of surplus staff;

3.1   Abolish vacant posts in excess of the revised (i.e. reduced) sanctioned strength.

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.

3.3   Adjust / dispose of persons who are in excess of the revised sanctioned strength and are not eligible for redeployment through the Surplus Cell, in accordance with instructions of the Department of Personnel & Administrative Reforms contained in O.M. No.28017/1/75-Estt.(D) dated 28th August, 1978 ( as amended from time to time).

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.

3.4.2   If the organization is being wound up in to-to, though in phases, declare staff surplus not in the reverse order of seniority, but strictly in accordance with the regular seniority itself.

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. Obtain options from such staff in the Proforma (Annexure-II) circulated herewith and preserve the same.

3.5.2   Where surplus employees are to be declared surplus in the order of seniority, seniors may at their option be allowed to stay back in the organization for being surrendered at a later stage and their juniors surrendered forthwith, making it specifically clear to them (i.e. the senior optants) that by opting to stay back they would lose in point of seniority in the new offices where their juniors would be getting redeployed earlier.

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.

(In the case of an organization to be wound up in phases, it will consist of the senior most persons who have not opted for staying back in the organization).

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.

3.10   While doing so, the Scheduled Caste and Scheduled Tribe officials who have suo-motu opted (vide step 3.5.1 above) for being declared surplus, either to avail of the facility of voluntary retirement or redeployment, should not be held back. Barring such optants other Scheduled Caste or Scheduled Tribe employees who have to be held back to make up the deficiency in their representation in the continuing cadre, should be retained in the order of their inter-se-seniority.

3.11   Where one of the spouses working in the same organization is declared surplus (or has already been redeployed on being so declared surplus) in the ordinary course, but the other spouse is not eligible and cannot be declared surplus in the ordinary course, including also on the basis of his/her option, there should be no objection in allowing the left-over spouse being declared surplus in preference to his/her seniors who have opted for similar treatment, provided such spouse has suo-motu opted for being transferred to the Surplus Cell on an out-of-turn basis (with all the attendant consequences of such out-of-turn transfer) and the grant of this concession does not deprive another couple of senior optants from being declared surplus. In such an event the junior most optant already included in the list of surplus staff will be held back to make room for left-over spouse optant.

3.12.1   The names and particulars of the persons appearing in the final list of surplus employees, thus prepared, should be reported in the proforma at Annexure-III immediately to the Central Cell concerned ensuring that this is done latest by the end of 2nd month from the date of agreed recommendation for reduction of sanctioned cadre strength vide para 2.0 above. A copy each of the option (Annexure.II) received in terms of such para 3.5.1 above should also be sent alongwith the bio-data to the Central Cell.

3.12.2   The proposal for adjustment of a surplus employee against another post available within the same department shall be referred simultaneously to the Central (Surplus Staff) Cell for clearance.

3.13   Watch acknowledgement by the Cell of the receipt of the above material for a fortnight. Remind, if nothing heard from the Cell.

3.14   If no intimation received within one month from the Cell regarding acceptability or otherwise of the staff proposed to be declared surplus for redeployment get in touch with Deputy Secretary, in-charge Surplus Cell immediately, personally or by telegram, to get clearance.

3.15 &nbps; On receipt of clearance from the cell, issue formal Order transferring the staff so finally identified as surplus, to a Surplus Staff Establishment which will be constituted in the Ministry/Department concerned to accommodate the surplus staff awaiting redeployment. The order should, inter alia, indicate the names and designations of the officials declared surplus and the specific date from which they are so declared surplus. A copy of this order should be endorsed to the Central Cell in the Department of Personnel & Training or Directorate General Employment Training, as the case may be.

3.16   The surplus officials should also simultaneously be formally informed of their transfer to the said Establishment, that their names and bio-data have been reported to the Central Cell concerned for making efforts for redeployment as per the rules and orders in force, and that the posts held by them would stand abolished as soon as they can be relieved to join another post.

3.17   The temporary posts held by the surplus employees should be transferred along with them to the Surplus Staff Establishment.

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.
3.18.1   The attention of the surplus employees should be also drawn to the facility of voluntary retirement available under rule 29 of the CCS (Pension) Rules, 1972, and that option for such retirement can be exercised by them within two months from the date from which they have been/are declared surplus.

3.18.2   Their attention may also be drawn to the facility of seeking premature retirement available under rules 48 and 48-A of the CCS (Pension) Rules, 1972 and under the various clauses of FR 56.

3.19   If any member of the Surplus Staff Establishment applies for voluntary/premature retirement under the aforesaid rules, his request should be processed most expeditiously and a copy of the order of retirement should be invariably endorsed to the Central Cell concerned so that it can discontinue further action for redeployment of the employee.

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. A copy of the relieving orders/order of abolition of the post should be endorsed to the Central Cell.
Note :
(No surplus employee who is once relieved from the Surplus Staff Establishment should be taken back on it, except with the prior concurrence of the concerned cell.)

3.21   Where the Central Cell directs that a particular employee should be sent for training in any specific skill, he should be punctually relieved to report to the training agency on the date and time specified for the purpose and to undergo training regularly and diligently throughout the duration of the course.

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. The post held by him in the Surplus Staff Establishment should be abolished forthwith and necessary pay & allowances for the period of notice (or for the period of deficiency therein, as the case may be) paid to him, instead of prolonging his stay in the said Establishment.

Annexure-II

PROFORMA

Option for being declared surplus and being
transferred to the Surplus Staff Establishment
——-

I, (Shri/Shrimati/Miss …………………………………………………………..
serving as ……………………………………………………………. in the office of the ………………………………………………………………………………….. do hereby volunteer myself for being declared surplus and transferred to the Surplus Staff Establishment in preference to my juniors, in accordance with the provisions of the Revised Scheme for disposal of Surplus Staff. I understand that my transfer to the Surplus Staff Establishment is subject to all the attendant consequences of such transfer under the said scheme and rules/orders issued under it.

(Caution :- A surplus employee who refuses or fails to join the redeployment arranged for him, including in a post carrying a lower scale of pay or a lower classification may be retrenched/retired on compensation pension (if admissible). If he holds lien on a lower continuing permanent post in his parent organization, he will be reverted to such post on the expiry of the period of six months from the date from which he was declared surplus or refuses to accept or fails, to join the post/training course arranged fro him, whichever is earlier.

Signature__________________________

Name ____________________________

Designation _______________________

Place _____________________________

Date _____________________________

Annexure-III

P R O F O R M A

Name & Address of the Office from :
which the staff has been rendered surplus

Bio-data of the Surplus Employee ( as on
the date of transfer to the Surplus Cell)

1. Name (as recorded in his
service book) :

2. Date of birth :

3. Date of Superannuation :

4. Whether belongs to Scheduled
castes/Scheduled Tribes/OBC/Ex- :
serviceman, or is physically
handicapped

5. Designation :

6. Place at which posted :

7. State/UT in which posted :

8. Scale of pay :

9. Pay :

10. Class of post last held : Gazetted/Non-gazetted/Tech./
Non-Tech.
Group ‘A’/ ‘B’/ ‘C’/ ‘D’

11. Whether appointment to the post
held was:

(a) on permanent basis
(b) on regular officiating basis
(c) on regular temporary basis
(d) on short terms ad-hoc basis

12. Appointing authority of the post
last held :

12 .A Name & Address of the Financial
Advisor/Controller of Accounts:

13. Details of service rendered & experience
gained till being declared surplus

14. Educational & Other Qualifications:
(Information only in respect of examinations passed and certificates/diploma recognized by Central Government to be furnished.)

15.   Date from which declared/proposed
to be declared surplus :

16.   Whether the employee is being declared :
surplus in the reverse order of seniority
or in his own option. In the latter case,
add his option in the proforma at
Annexure II duly authenticated by
Head of Office.

17. (a)   whether permanent/quasi-pmt./temporary.
(b)   If permanent/quasi permanent, the name
of the post in which declared permanent/
quasi permanent.
(c)   Designation and status (present pay
Scale) of the authority that appointed
him in permanent/quasi-permanent
capacity

(d)   In the case of officiating employees
the particulars of the post in which
substantive administrative lien held,
and the office/cadre/service in which
such post is located.

(e)   In the case of regular temporary
employee indicate whether the probation
has been successfully completed and if
so, why the official has not been confirmed.

18.   Whether any vigilance case/disciplinary :
proceedings are pending or contemplated
against the individual if so, grounds thereof

19.   Whether the employee was medically examined
at the time of his entry into service; if so, the
status of the medical authority and the post
for which found fit.

20.   whether the employee’s character &
antecedents were got verified (If
anything adverse was reported against
him please furnish details.)

21.   Whether the employee has opted for
voluntary retirement (if eligible)
under rule 29 or 48 or 48A of the CCS
(Pension Rules) 1972, or the relevant
clause of FR 56 or any other rule
applicable to him if so

i) the rule under which applied:
ii) the date of application:
iii) the date from which retirement sought:
iv) comments on admissibility of the request:

22.   Remarks:-

Certificates:-

1.   Certified that (a) the employee mentioned above was recruited through the prescribed channels (e.g. Employment Exchange, advertisement through newspapers, etc.) and

(b) Satisfied the qualifications prescribed in the Recruitment Rules for the post last held by him.

OR

the employee mentioned above was recruited by relaxation of prescribed mode of recruitment/qualifications for the post last held with the approval of the competent authority.

2.   Certified that (i) the particulars furnished above have been verified from the relevant records and are correct.

*(ii)   I have been authorized by the Head of the Department to sign this proforma under his office order No.___________________ dated ___________.

Place:
Date:
Phone No.:

Signature of the Head of Department or
Other authorized officer.
Telegraphic address (if any) (Name & Designation with Stamp)

Note : 1.   If the employee has attended any special training/vocational courses, or has written articles, books, etc., or has done any literary/research work the details thereof may be furnished in a separate sheet.

2.   If appointment to the post last held required holding of a statutory licence (e.g. in case of Motor Vehicle Drivers, Cinema Operators, Pharmacists, etc., furnish a copy thereof)

___________________________________________

*To be furnished when the proforma is signed by an officer below the rank of an Under Secretary to the Government of India.