CPS
04 October 2018 at 09:00
Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).
Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)
“3.1 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.”
“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees 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 in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.
“3.3 The principle laid down in para 3.1 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 interse order of merit of the selected persons in such cases.”
3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 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.
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My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.
2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)
3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.
Kiran Khorwal
02 October 2018 at 09:32
I'm worked with a bpo where the process ramp down on 30/9/18 we were ask to shift in other process with out any increment in salary so we opted for the spot resign. Now when completed all the legal formality of spot resign they said salary will be given after 45 days. Is there any law when employee gives the spot resign he get the salary after 45 days?? As I asked my other friends who work in bpo they say salary is given within 15 days
Tomin Saji
01 October 2018 at 14:16
Hello all
I am seeking clarification regarding can the Disiplinary Authority change the IO and PO together after wrtitten statement of defense/written Briefs was taken from the charged officer and Presenting officer. The Inquiry according to CCS INquiry procedure for the CO and PO are over as they submit the written Briefs. This was done on July 1 2017 when the CO submitted the written brief. After this for 8 months til February 2018 there was no news from the IO or the Disciplinary aiuthority. Then suddently CO receives a leter from DA saying IPO and PO has been changed after 8 months of inactivity and saying that the hearing will proceeed from the first step of inquiry, inspection of documents . It is to be rememberred here the written statement of defense/ written briefs during the Inquiry were already taken from CO and he also made a oral defense.
Al the defense points of CO are with IO and DA. Is it legal to start a new inquiry with new IO and CO. The reason given for appointing the new IO and PO are that the previous IO is busy and has no time.
already 1 year ad 5 months are over including 8 months of inactivity after submitting written briefs. Is there any precedents or judgments that stop this kind of behavior from DA. Can they proceed from beginning again after taking the COs defense.
In addition to this the charge sheet also contains false allegations. so the DA is protracting the inquiry because it cannot be proved.
Please advice. Emergency,. Urgent
Tomin
Anonymous
30 September 2018 at 23:38
Sir,
1)when charge sheet employee was given list of 5 Management witness & included in there names in charge sheet, can Presenting officer examine only few witness. (Ex.. Only 2)& remaing 3 witness can be dropped from enquiry, when charges r grave in nature (misbehave /threat) ??
2)can an delinquent pray before enquiry officer to summon above rest 3 management witness to be enquiry, as this witness have already given written statement before investigation officer in preliminary enquiry for fact findings repot.???
3) can this dropped 3 management witness be delinquent defence witness??
4)what to do if this dropped 3 management witness do not appear in enquiry for depose & cross examination, remain absent in spite of summon issued by enquiry officer?? Is it burden on delinquent to bring them to enquiry?? Plz help
Abhinandan
30 September 2018 at 21:57
This year on 17 may 2018 I appeared for the assessment interview for promotion, but my result was not declared reason being my vigilance clearance is withheld by Ministry of Defence and result was kept in sealed cover.
I was served a Show Cause Notice in april 2016 for some irregularities.
I submitted a reply to this SCN in june 2016. after that, I did not receive any correspondence in this regard. means no charge sheet issued to me.
my result was to be declared on 30 june 2018. but still it is in sealed cover.
am not under suspension and no criminal proceeding is there.
Can sealed cover procedure be followed based on show cause notice only.
As per supreme court decision in Jankiraman case and followed DOPT orders, vigilance can not be denied merely based on preliminary investigation.
a SCN is treated as preliminary investigation only or more than that.
In 2016 and 2017, vigilance clearances have been given to other officers, who also got show cause notices in the same matter, and their results were declared. Also, there is no further progress has been made after declaring their results.
Should I approach CAT or other court in this matter?
we are 7 employees in this case, can we all file single case?
Is it essential to give notice to department before approaching court.
Akash Borate
30 September 2018 at 13:12
I had signed a bond in certain company and joined as a trainee but now I want to leave the company, because my senior always tortures me. The bond I signed states that if I leave the company without serving the period of 3 years then I have to pay ₹2 lakhs plus the amount spent on my training. 13 months have passed there is no training provided to me. Please help me with this issue.
L . Sachin
28 September 2018 at 18:09
What legal implication if we are not registered our establishment after the applicability of Bombay Shops & establishment Act,1948.
Anonymous
28 September 2018 at 01:29
Respected sir
Iam Working in pharmaceutical Company from last 2 year .last Month My superior told Me Give Your Resignation Other wise We Will Terminate You If Once You Terminated You Will Not Able To Get Job in Industry.Forcibly They Had Taken My Written Resignation Not On Company Official Mail id .I don't want
left Job . Is any possibility to Regain My Job kindly suggest me
Anonymous
27 September 2018 at 22:15
Sir,
I am a central govt employee of 9 years experience, i ve applied for a state govt job and the exam for the job is on October 19th , I ve not informed my current employer about that i ve applied for the job. Is it possible to inform the employer before the date of examination.
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Compensation for wrong full termination
M
And the School is now not ready to pay the damages and compensation, the case is of Bihar Patna and is being fought in High court.
Which rules/law/ judgment favor us to claim the damages as suffered by us?
Please throw much-needed light. It will be highly appreciated.