person is considered as unfit for promotion and is superseded by a junior, such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 were promoted by earlier
DPC. In other words, persons appointed as a result of an earlier selection shall be
senior to those appointed as a result of subsequent selection.

O.M. No. 9/11/55-RPS dated 22.12.59 & O.M. No. 20011/5/90-Estt (D) dated 4.11.1992

18.2.2 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 higher post.
O.M. No. 9/11/55-RPS dated 22.12.59

18.2.3. 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 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:

Date of completion of the qualifying service prescribed in the relevant

recruitment rules, in the feeder grade for promotion.

If the aforesaid date is same than date of completion of the qualifying service
in the feeder-to-feeder grade

III. Inter-se seniority of the officers in each feeder grade will be maintained.

18.2.4 SENIORITY OF PROMOTEES BELONGING TO SC/ST

Officers belonging to SC/ST on their promotion by virtue of instructions on

reservation roster will be entitled to consequential seniority also. In other words, the
candidates belonging to general/OBC category promoted through a later DPC will be
placed junior to those belonging to SC/ST promoted through earlier DPC, even
though their promotion was by virtue of the rules on reservation. It is clarified that
reservation roster/points are only meant for identifying the vacancy that goes to a
particular category of officer and no way acts as a determinant for fixation of seniority
of the officer in a panel recommended by the DPC.
O.M. No. 35014/7/97-Estt.(D) dated 8.11.2002 &O.M. No.20011/1/2001-Estt. (D)
dated 1.11.2002
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18.3 RELATIVE SENIORITY OF DIRECT RECRUITS AND PROMOTEES

18.3.1 The relative seniority of direct recruits and of promotees shall be determined
according to the rotation of vacancies between available direct recruits and
promotees, based on the quota of vacancies reserved for direct recruitment and
promotion respectively in the Recruitment Rules.

18.3.2 If adequate number of direct recruits does not become available in any
particular year, rotation of quotas for the 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 upto 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 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 principle holds good for 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 year.

O.M. No. 35014/2/90-Estt(D) dated 07.02.1986 and O.M. No. 22011/7/86-Estt.(D)

dated 03. 7.1986

18.3.3 Starting point in the recruitment roster for the purpose of inter se seniority of
officers through Direct Recruitment, Promotion, Absorption etc should be that mode
of recruitment prescribed in the Recruitment Rules for which the selection process
had been completed first. For this purpose, the date of the completion of the selection
process will be determined as follows: -

Direct Recruitment

Through examination conducted by UPSC or any other authorities: Date of

publication/ announcement of results

Through interviews conducted by UPSC or any other authorities: Date of

Commission’s letters containing their recommendation.

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Promotion

a. Where UPSC is associated : Date of UPSC’s letter containing their

recommendations ratifying the promotion

Where UPSC is not associated or its concurrence is not required: Last date of
DPC meeting

Limited Departmental Examination: Date of announcement of results.

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

From the date the recruitment rules are notified in the gazette.

When there is an amendment to the Recruitment Rules which changes the

percentage allotted for the various modes of recruitment.

OM No. 28011/6/76-Estt, Dated 24th June, 1978

18.4 SENIORITY OF PERSONS APPOINTED BY ABSORPTION

18.4.1 The relative seniority of persons appointed by absorption to a Central service

from the Subordinate Offices of the Central 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.
OM No. 9/11/55-RPS dated 22.12.1959

18.4.2 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.

18.4.3 The principle laid down 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.

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18.4.4 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

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

These instructions have taken effect from December 14, 1999.

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.
O.M. No. 20020/7/80-Estt.(D) dated 29.5.1986 and O.M. No. 20011/1/2000-Estt.(D)
dated 27.3.01
18.4.5 Seniority of persons who are transferred and absorbed directly without being
on deputation- In the case of a person who is initially taken on deputation and
absorbed later, would be applicable also for persons who are transferred and
absorbed directly without being on deputation i.e. where the recruitment rules provide
for recruitment through absorption. The matter has been considered and it has been
decided that, in such cases also the provision as contained in the afore-said O.Ms
would be applicable i.e. the date he has been holding the post on deputation or the
date from which he has been appointed on the regular basis to the same or
equivalent grade in his parent department, whichever is earlier.
O.M. No. 20011/1/2008-Estt(D) dated 11.11.2010

18.5 SENIORITY OF OFFICERS IN GRADES MERGED IN PURSUANCE OF

RECOMMENDATIONS OF SIXTH CENTRAL PAY COMMISSION.

18.5.1 The recommendations of Sixth CPC provides that where all the posts in one or
more pre-revised scales are merged with a higher pre-revised scale and given a
common replacement scale/ grade pay/ pay scale, the suitability of the incumbents
need not be assessed for granting them the higher replacement scale/ grade pay/pay
scale, there is also no need for the incumbents to complete any minimum eligibility
service in the earlier scale of pay. The recommendation of 6th CPC has been
accepted on 29.08.2008 and the merger of pay scale(s) of the post has been made
effective w.e.f. 01.01.2006.

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18.5.2 The seniority of officers holding post in grades which have been merged
(except merged grades of MTS) in pursuance to recommendation of Sixth Central
Pay Commission will be determined as follows .-

The status of a government servant as on 29.08.2008 including those who

have earned promotion between 01.01.2006 to 29.08.2008 will be protected
as appointment/promotions are made as per the provisions of statutory
recruitment rules applicable to the post/grade.

The seniority of government servant which existed on 29.08.2008 (date of

acceptance of recommendation of 6th CPC) will be maintained i.e. the holder
of post having higher pay scale or post which constituted promotion post for
the posts in the feeder grade, will rank en bloc senior to those holding post
having lower pay scale or the posts in feeder grade.

Where posts having different pay scales prior to 6th CPC recommendation
and now after merger have come to lie in the same Pay Band with same
Grade Pay, the inter-se seniority of all the employees will be fully maintained
with employee in a higher pre-revised pay scale being placed higher vis-a-vis
an employee in a lower pay scale. Within the same pre-revised pay scale,
seniority which existed prior to revision would continue.

IV. Where recruitment for the posts in different pre-revised pay scale(s) was
initiated separately for each posts, prior to acceptance of recommendation of
6th CPC i.e. prior to 29.08.2008 but selected individual joined duty on or after
30.08.2008 in the revised pay scale(s) against the posts which have been
granted same Grade pay, such officers will be assigned seniority en bloc
below those officers who were in position as on 29.08.2008.

The availability of officers nominated on the basis of panel of promotion given

by DPC or selection list given by selecting Authority will be decided as on
29.08.2008. In ease a officer from the panel given by DPC or selection list
given by selecting Authority has joined on or prior to 29.08.2008, then status of
all the officers included in panel given by DPC or selection list will be protected
and all officer will be considered available and their seniority determined by
following the basic principle of seniority i.e. order of panel given by DPC or
merit list given by selecting Authority. In case all the officers included in the
panel given by DPC or selection list given by selecting Authority joins after
29.08.2008, then the seniority of such officers within a grade, will be
determined by placing them below all available officers as on
29.08.2008 but maintaining their inter se seniority in order of panel of DPC or
merit list given by selecting authority.
OM No. 20020/4/2010-Estt.(D) 13/09/2012

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18.6 SENIORITY FOR MERGED GRADE OF MTS

VI. The posts in the erstwhile Group ‘D’ for the purpose of determination of
seniority, can be grouped into five different categories as under:

S.No. Pre-revised pay scale of the post Category

1. 2750-70-3800-80-4590 I

2. 2650-65-3300-70-4000 II

3. 2610-60-2910-65-3300-70-4000 III

4. 2610-60-3150-65-3540 IV

5. 2550-55-2660-60-3200 V

VII. The determination of seniority of merged grade will be regulated as per

following guidelines:

As on 29.08.2008, holders of posts in Category-I will be en bloc senior to

the holder of posts in Category-II, similarly holder of the posts in Category-
II will be senior to holder of the posts in Category-III and so on.
While merging the different grade(s), the inter se seniority in a post which
existed as on 29.08.2008 is to be maintained.
Within same category, where different stand alone posts have been
merged, inter se seniority will be determined based on length of
continuous officiation in the post.
Only the regular service in the grade is to be counted for determination of
service and ad-hoc service, if any, is to be ignored.
Seniority is to be determined based on the substantive post held by the
employee irrespective of the fact that such employee has been allowed
financial up-gradation to the next higher grade under ACP Scheme or any
other scheme.
In case of employees who joined a erstwhile Group `D' post either by
promotion or direct recruitment between 01.01.2006 to 29.08.2008, inter-
se seniority will be determined as per guidelines laid down in this
Department's O.M. of even number dated 13.09.2012.
O.M. No. 20020/4/2010-Estt (D) dated 30th April, 2013

The contents of all extant instructions on seniority (except of merged grades) which
have been issued from time to time, have been consolidated under a single
compilation “Instructions and Guidelines on Seniority” contained in DoPT O.M. No.
20011/1/2008-Estt(D) dated 11/11/2010.

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 Chapter 19

VIGILANCE CLEARANCE
19.1. NEED FOR VIGILANCE CLEARANCE
It is necessary to ensure that an officer is clear from vigilance angle while
considering him for promotion. There are also other circumstances such as
empanelment under Central Staffing scheme, foreign assignment/ training, sensitive
posting, deputation, acceptance of notice of voluntary retirement/ resignation, when
the officer applies for passport etc.
19.2 FOR PROMOTION

19.2.1 Vigilance clearance for promotion may be denied only in the following three
circumstances:-
Government servants under suspension;
Government servants in respect of whom a charge sheet has been issued and
the disciplinary proceedings are pending; and
Government servants in respect of whom prosecution for a criminal charge is
pending.
Note: Judicial proceedings shall be deemed to be instituted in the case of criminal
proceedings, on the date on which the complaint or report of a Police Officer, of
which the Magistrate takes cognizance, is made.

19.2.2 It may thus be noted that vigilance clearance cannot be denied on the grounds
of pending disciplinary/criminal/court case against a Government servant, if the three
conditions mentioned in Para 2 of this Department's O.M. dated 14.09.1992 are not
satisfied. The legally tenable and objective procedure in such cases would be to
strengthen the administrative vigilance in each Department and to provide for
processing the disciplinary cases in a time bound manner. If the charges against a
Government servant are grave enough and whom Government does not wish to
promote, it is open to the Government to suspend such an officer and expedite the
disciplinary proceedings.

19.2.3 Vigilance Clearance is taken at two stages- at the time of DPC meeting and at
the time of actual promotion. For the purpose of vigilance clearance for review DPC,
review DPC will take into consideration the circumstances obtaining at the time of
original DPC, and any subsequent situation arising thereafter will not stand in the way
of vigilance clearance for review DPC. However, before the officer is actually
promoted it needs to be ensured that he / she is clear from vigilance angle and the
provision of para 7 of O.M. No. 22011 / 4 / 91-Estt. (A) dated 14.09.1992 are not
attracted.
DoP&T OM No. 22011/4/91-Estt.(A) dated 14.09.1992 and OM No.22011/2/99-Estt.(A)
dated 2.11.2002 and OM No. 22034/4/2012-Estt.(A) dated 2.11.2012

19.2.4 Opening of sealed cover on conclusion of proceedings, is covered in the

instructions in para 3 of the O.M. dated 14.9.92. In cases where by the time the
Departmental Proceedings are concluded and the officer is fully exonerated but
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another charge sheet has been issued, the second charge sheet will not come in the
way of opening of sealed cover and granting promotion notionally from the date of
promotion of the junior and para 7 of O.M. dated 14.9.92 will not apply as clarified in
the O.M. No. 22011/2 / 2002-Estt.(A) dated 24.2.2003. After the disciplinary
proceedings are concluded and penalty is imposed, vigilance clearance will not be
denied. The details of the penalty imposed are to be conveyed to the DPC.

DoPT O.M. No.22034/4/2012- Estt (D) dated 2-11-2012

19.3 AT THE TIME OF RETIREMENT

In the case of a Govt. servant retiring on superannuation or otherwise, the pension

sanctioning authority needs to be satisfied that none of the conditions prescribed in
Rule 9 of CCS (Pension) Rules are attracted or whether provisional pension under
Rule 69 ibid is to be allowed.

19.4 IN OTHER CASES

Vigilance clearance shall not be withheld due to the filing of a complaint,

unless it is established on the basis of at least a preliminary inquiry or on the
basis of any information that the Department may have in its possession that
there is prima facie substance to verifiable allegations regarding (i) corruption;
(ii)possession of assets disproportionate to known sources of income;(iii)
moral turpitude;(iv) violation of CCS (Conduct) Rules, 1964
Vigilance clearance shall not be withheld if preliminary inquiry at (a) takes
more than three months to be completed.
Vigilance clearance shall not be withheld unless
the officer is under suspension ;or
the officer is on the Agreed List, provided that in all such cases the
position shall be mandatorily revisited after a period of one year; or
a charge sheet has been issued against the officer in a disciplinary
proceeding and the proceeding is pending; or
orders for instituting disciplinary proceeding against the officer have
been issued by the disciplinary authority provided that the charge
sheet is served within three months from the date of passing such
order; or
charge sheet has been filed in a Court by the Investigating agency in a
criminal case and the case is pending; or
orders for instituting a criminal case against the officer have been
issued by the Disciplinary Authority provided that the charge sheet is
served within three months from the date of initiating proceedings; or
sanction for investigation or prosecution has been granted by the
competent authority in a case under the PC Act or any other criminal
matter; or
an FIR has been filed or a case registered by the concerned
Department against the officer provided that the charge sheet is served
within three months from the date of filing / registering the FIR / case; or
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 the officer is involved in a trap / raid case on charges of corruption and
investigation is pending.
Vigilance clearance shall not be withheld due to an FIR filed on the basis
of a private complaint unless a charge sheet has been filed by the
investigating agency provided that there are no directions to the contrary
by a competent court of law.
Vigilance clearance shall not be withheld even after sanction for
prosecution if the investigating agency has not been able to complete
investigations and file charges within a period of two years. However,
such vigilance clearance will entitle the officer to be considered only to e
appointed to non-sensitive posts and premature repatriation to the parent
cadre in case he is on deputation and not for any other dispensation.
In cases where complaints have been referred to the administrative
authority concerned, and no substantive response has been received
within three months, the disciplinary may provide a copy of the complaint
to the officer concerned to seek his comments. If the comments are found
to be prima facie satisfactory by the competent authority, vigilance
clearance shall be accorded.
Vigilance clearance shall be decide on a case to case basis by the
competent authority keeping in view the sensitivity of the purpose, the
gravity of the charges and circumstances in the following situations:
where the investigating agency has found no substance in the
allegation but the court refuses to permit closure of FIR; and
where the investigating agency / inquiry officer holds the charges as
proved but the competent administrative authority differs, or the
converse.
While considering cases for purpose of empanelment of members of a
central civil service/ central civil post, vigilance clearance will be
ascertained from the concerned cadre authority. Comments of CVC will
also be obtained. However, if no comments are received within three
months, it will be presumed that there is nothing adverse against the
officer in the records of CVC.
Vigilance clearance will not normally be granted for a period of three years
after the currency of the punishment, if a minor penalty has been
imposed on the officer. In case of major penalty, vigilance clearance will
not normally be granted for five years after the currency of the
punishment. During this period the performance of the officer should be
closely watched.

DoPT OM.No.11012/11/2007-Estt(A) dt 14-12-2007 & 21-6-2013

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 Chapter 20

PROMOTION

20.1 PRELUDE

Article 309 of the Constitution of India provides that Acts of the appropriate
Legislature may regulate the recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of the Union
or any State. It also provides that pending provision in this behalf being made by
or under an Act, the President or such persons as he may direct shall be
competent to make, in the case of services and posts in connection with the
affairs of the Union, rules regulating the recruitment and other service conditions
of persons appointed to such services and posts.
For an impartial and uniform procedure of recruitment to services, it is
necessary that there should be prescribed recruitment rules for every post/grade
and all recruitment made in accordance with these rules. The instructions issued
by Government of India from time to time on Procedure to be adopted by the
Departmental Promotion Committees regarding Promotion, Confirmation and
Assessment of work and conduct of Probationers, are detailed in the succeeding
paragraphs.

20.2 FUNCTIONS AND COMPOSITION OF DEPARTMENTAL PROMOTION

COMMITTEE
A post is filled by promotion where the Recruitment Rules so provides. In
making promotions, it should be ensured that suitability of the candidates for
promotion is considered in an objective and impartial manner. For this purpose,
Departmental Promotion Committee should be formed in each
Ministry/Department /Office whenever an occasion arises for making
promotions/confirmations etc. The DPCs so constituted shall judge the suitability
of officers for: -
promotions to ‘Selection’ as well as ‘non-selection’ posts;
confirmation in their respective grades/posts; and
assessment of the work and conduct of the probationers for the
purpose of determining their suitability for retention in service or their
discharge from it or extending their probation.
DoPT OM No.22011/5/86-Estt(D) dated 10.04.1989 – Guidelines on DPC

20.3 COMPOSITION OF DPCS

20.3.1 Members included in DPCs for Group ‘A’ and ‘B’ posts should be
officers who are at least one step above the posts in which
promotion/confirmation is to be made as indicated below: -

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