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existing Recruitment Rules are repealed as per the prescribed procedure,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