Classification within Services

A more important characteristic of the civil service system at the Centre is, however, its classification
based on the concept of the `Service'. Under this concept, civilian posts are grouped into distinct
homogenous cadres under a common `Service' named on the basis of specific functions attached to the
posts in question. The Study Team on Personnel Administration appointed by the Administrative
Reforms Commission (1969) appropriately defined a `cadre' as follows:-

A cadre comprises persons who have been adjudged suitable and recruited to hold a group of position
requiring similar skills-technical, professional and/or administrative, within a Service there may be
more than one grade arranged vertically according to the level of responsibility’.

Having laid down the working definition of a Service or cadre as above, the Study Team went on to
spell out the specific requirements for the constitution of a Service as:-
i) determining duties and responsibilities of various positions;
ii) translating these in terms of skill requirements;
iii) grouping of positions which broadly require similar skills; and
iv) gradation of position in terms of responsibilities.
 Recruitments and Appointments
• Group A, Grade B, Group C, Group D

.1 The civil service of the Central Government is organised into four groups, viz. Group `A' (which
includes all- India Service) Group `B', Group `C' and Group `D'. Such classification broadly
corresponds to the rank, status and the degree of the level of responsibility attached to the posts.
Group `A' posts carry higher administrative and executive responsibilities and include senior
management positions in the ministries/departments and field organisations. The middle and junior
levels of Group `A' alongwith Group `B' constitute middle management. Group `C' posts perform
supervisory as well as operative tasks and render clerical assistances in ministries and field
organisations. Group `D' posts are meant for carrying out routine duties.
2.2 The Central Services (Classification, control and Appeal) Rules, 1965 provide a concrete and specific
criterion for classification of posts in terms of pay. Thus, posts carrying pay or scale of pay with a
maximum of not less than 13,500/- are categorised under Group `A'. Posts carrying a pay or scale of pay
with a maximum of not less than Rs.9000/- but less than 13500/- are known as Group `B' posts. Civil
posts with a maximum pay (or a scale of pay) over Rs.4000/- but less than Rs 9000./- are in Group `C'.
The rest of the posts are in Group `D'.
Group A Ministerial Officers, Scientists, IAS, IRS, IFS, IPS

Group B State Civil Services, Junior technical officers (gazetted, non

gazetted)

Group C DEO, Multi Tasking Staff, Constables, Electricians, Cashiers, Store

Keepers,

Group D Peon, Cleaners, Guards, Cooks

Example from Central Secretariat Services
1975 Central Civil Services
Example
from
Mizoram
Character of Posts
• Ministerial (Clerical) & Non-Ministerial
• Scientific / Technical
• Industrial and Non-Industrial
• Tenure
• Secretariat – sign communications, orders or notification on behalf of
the government; within the rules of business of the secretariat, take
decisions on behalf of the government
Transfer
Order
Published
Appointment
by President?
Gazetted and Non-Gazetted Officers
• Gazetted Officers are considered representatives of the State
• Attestation of copies of original documents: Group A and B
(Gazetted) public servant officers
• Character certificate, Police records verification: Group A
officers.
• Citizenship certification: Group A officers, certification is limited
to very few officials such as Sub-Divisional Magistrate etc.
Officers on Special Duty
• Secretary/Under Secretary/Additional Secretary
• Private Persons – OSD to Ministers – need clearance from IB –
contractual basis
Hierarchy in
• Should have strong educational background Secretariat/Department
Cabinet Secretary
Secretary
Additional Secretary
Joint Secretary
Director
Deputy Secretary
Under Secretary
 Ministry of Personnel, Public Grievances and
Pensions – Department of Personnel & Training
• Watch Dog – standards and norms are complied with
• Advises on issues of Personnel Management
• Central Staffing Scheme - Group ‘A’ Central Services are selected and
posted at the level of Deputy Secretary/Director and Joint Secretary
• appointment to posts of Chairman, Managing Director, full-time functional
Director/Member of the Board of Management of various Public Sector
Undertakings/ Enterprises, Corporations, Banks and financial institutions.
• assignment of Indian experts to various developing countries
• formulation and coordination of training policies
Organisations under DoPT
• UPSC, CIC, CVC, CAT, Lokpal
• Attached Offices – Staff selection Commission, Public Enterprises Selection
Board, Lal Bahadur Shastri National Academy of Administration, Institute of
Secretariate Training & Management, Capacity building Commission, CBI
• Recreation Halls/ Clubs in various Ministries/ Departments, Central
Government Employees Welfare Coordination Committees /Area Welfare
Officers, Benevolent Fund and Departmental canteens
• Sports Board, Grih Kalyan Kendra, Civil Services Cultural and Sports Board
and Kendriya Bhandar - Delhi
 Recruitment
Central Secretariat Services Indian Administrative Services Civil Services

Central Secretariat Service Indian Administrative Service (Recruitment) Rules, THE CENTRAL CIVIL SERVICES
Rules, 1962. 1954 (CLASSIFICATION, CONTROL AND
APPEAL) RULES, 1965
Limited Departmental Method – by competitive exam, by promotion, by Group A – by president – may be
Competitive Exam/ Promotions selection (method of recruitment & no. of posts are delegated
– 15% determined for every recruitment cycle in Other posts – as per schedule
Direct – Competitive exam 75% consultation with the State

Probation 2 years + 1 year

(training)

Probationer to be discharged
without notice/reverted to
original service
• Ineligibility –
• Married to a person having spouse
• Married again while one marriage subsists (exception of personal law)
• Recruitment through promotions
• If eligible as per service rules
• In consultation with State Government and Commission
• ‘substantive’ member of civil services are promoted
• Recruitment of persons outside services – Central Government may recruit to
the Service any person of outstanding ability and merit serving in connection
with the affairs of the State who is not a member of the State Civil Service of
that State [but who holds a gazetted post in a substantive capacity].
• Recruitment through promotion cannot exceed 33.33 %
• Conditions of Promotion varies from service to service
Confirmation of a Probationer
• Only for people coming in through competitive exam – 2 years + 2
year
• Coupled with training
• Probation when extended
• Under suspension
• Chargesheet has been issued
• Disciplinary proceedings are pending
• Criminal prosecution is pending
• Examination at the end of training may be conducted. Re-examination
may be allowed – discretion of Central Government
Seniority in Probationers
• Year of Recruitment
• Merit through competitive exam
• Records of training academy
• Final/special exam after training
• Date of birth
Discharge of Probationer
• Fails to pass re-exam
• CG is satisfied that the person is unsuitable
• Wilful neglect of duty
• Lacking in qualities of mind and character
• Failure to comply with service rules

• All probationers are entitled to travel allowance, salary of lowest

stage of junior scale
Regularization into service
• Regularisation cannot happen if recruitment was carried out in
violation of rules, was not done by competent authority, there was no
sanctioned post. Done through isolated circulars, notifications
• Not a mode of appointment
• Delay in appointment leads to temporary vacancy filling
• There may be lack of proper qualifications
• Fraud on Constitutional Scheme
• Perpetuation of Illegality cannot be allowed

• Employees are considered contractual employees before

regularisation
 Appointment by Deputation or Absorption
• Person from outside cadre or outside line of promotion is appointed for a
short term, and he would revert after the completion of the short-term
contract is said to have been appointed on deputation
• When an officer working outside the cadre or outside the direct line
of promotion is regularly absorbed in the post/grade, the post is
treated as having been filled by the method of absorption.
• Probationer’s absorption depends on suitability
• Composite Method – Department and outside person are together
considered for Promotion. If department employee is promoted- it
amounts to promotion; when filled by outsider - deputation
 Procedure for Appointment
• Assessment of Vacancy (for promotion, deputation or absorption)
• Wide circulation of vacancy, not just within the department
• Employees of Public Sector Undertaking/autonomous bodies can also be
considered eligible
• Consultation with UPSC necessary for all absorptions to Group A and Group
B
• A person working on deputation may be absorbed into the same office
• for absorption of a person serving on deputation, circular must mention the
possibility of permanent absorption
 Seniority in Deputation/Absorption
• From the Date of Joining
• If an officer come on deputation, and is later absorbed, seniority may
depend on date of absorption
• If before absorption, the officer has been holding some relevant grade in his
home department, that will be taken into consideration while determining
seniority
• Fixation of seniority of a transferee also follows the same principle
• Determination of seniority becomes difficulty when officers come from PSUs
or State Governments where the grades or Pay Band may be different. It will
not be possible to consider grades in such cases. Weightage will be given to
the nature of duties that were performed in the home office.
 Additional Principles on Deputation/Seniority
• Redeployment of surplus staff against vacancy may take place through
absorption
• No general law on
• Cooling off period for officers on deputation
• Unclear whether officers already on deputation can be considered for another
appointment
• Maximum time period for serving in deputation or after how many years
should the absorption happen will depend on the latest circular by
DoPT/relevant service
THE KARNATAKA STATE CIVIL SERVICES (PROHIBITON OF ABSORPTION OF THE SERVICES OF
THE EMPLOYEES OF ESTABLISHMENTS IN PUBLIC SECTOR IN TO PUBLIC SERVICE) ACT, 2020
THE KARNATAKA STATE CIVIL SERVICES (PROHIBITON OF ABSORPTION OF THE SERVICES OF
THE EMPLOYEES OF ESTABLISHMENTS IN PUBLIC SECTOR IN TO PUBLIC SERVICE) ACT, 2020

Sec. 4
Overriding
Effect of
the Act
Absorption & Deputation when Government Department converts into a PSU
• Transfer from Department to PSU happens en-masse without any deputation
allowance, until the employees are absorbed
• If employees are absorbed in PSU, posts in the Department stand abolished
• From the date of absorption, all permanent and quasi permanent and
temporary employees become subject to PSU bye laws (not on casual
employees)
• Government may allow employees to revert and seek absorption in their
original departments. Date of absorption is the when the government accepts
the proposal of absorption
• Pension is determined by combining service in the government and PSU
• Eligible for VRS after 10 years of service (combining PSU and Government
Service)
Absorption & Deputation when Government Department converts into a PSU
• If the government disinvests more than 51% stake from any PSU, it shall make
provisions for the protection of absorbed employees
• Balance of Provident fund is transferred to new account
• Absorption is not a right
• Deputationist’s lien is his option to return to his home cadre
• Whether repatriation to the home cadre would attract the protections of
Article 311 depends on whether the repatriation was punitive or not
• Post-abolition in the new office will repatriate the deputationist to old office
• Home cadre can initiate a disciplinary inquiry against the deputationist even if
he is serving outside is cadre (home cadre was the main employer).
Pay, Salary and Remunerations
 Rules for fixation – IAS (Pay) Rules
• “existing basic pay” means the pay drawn in the existing Pay Band and
Grade Pay or pay in the existing scale;
• “existing emoluments” means the sum of (i) existing basic pay and (ii)
existing dearness allowance at index average as on the 1st day of January,
2016
• Entry level basic pay after recruitment
• Notional increase
• Promotion and salary increase
• Shift from One pay structure to another (with revision of pay commissions)
• Appointments only after completion of training
• During suspension, subsistence allowance will be allowed
• An officer shall cease to earn any increments in the Junior Scale, until,
having regard to his length of service, he becomes entitled to a higher
pay
• Exercising of fixation Option
• Regulation of increment – 1st January & 1st July (from 2016)
 Parameters for determining Salary
• The ‘floor’ should be founded on a livable rate of wages.

• The ceiling should be a socially and culturally acceptable multiple of the ‘floor’.

• The different (tiers) of the administration should be constituted by frictionally

distinguishable levels of responsibility and duty.

• The process of social reproduction of skills prevailing in the country should also
determine the compensation tiers and differentials.

• ‘Fringe’ benefits include accommodation or housing rent allowance, free transport

or conveyance allowance, medical benefits, city allowance, children’s education
allowance, washing allowance and the like.
• ‘Pay so much and so much only as is necessary to obtain recruits of the right stamp and
maintain them in such a degree of comfort and category to shield them from temptation
and keep them efficient for the term service’ (Islington Commission).
• ‘The lowest rate of remuneration should not be lower than the “living wage” and the
highest salaries should be kept down as far as possible consistent with the essential
requirements of recruitment and efficacy’ (Varadhachariar Commission),
• ‘The highest and the lowest salaries should be determined on social and economic
considerations and the disparity between the two in the public service should be much
smaller and the lowest rate of remuneration should not be lower than a “living wage”’
(Second Pay Commission).
• ‘Sound and equitable internal relativities in the determination of salaries intermediate
between the highest and the lowest’ (Second Pay Commission).
• ‘Pay what other responsible employers pay for comparable work’ (Priestley Commission,
UK).
• ‘The state should be a model employer’ (MacDonnell Commission, UK (1912–15)
 Honorariums
• Permission not needed for accepting
• Public Competition – like essay etc.
• Reward for arresting criminal for better administration of justice
• Reward payable as per any Act/rules/regulations
• Rewards sanction for administration of customs and excise law
• Fee payable for any duty performed under local law
• Following Fee does not include payment therefore no special sanction is
necessary
• Unearned income such as income from dividends or interests on securities
• Income from literary, cultural artistic work
• Any payment drawn from consolidated fund of state or India
• Proceeds from Consultancy, Part-time work during study leave, casual
work outside – proceeds may be given to the Government
Earnings from Part-time/Casual Employment while
in service – not to be paid to government
• Where permission for accepting payment is not needed
• Stipend, scholarship
• Writing reports, studies for international bodies like WHO, UNESCO
• Fee received for assisting university in conducting examinations
• Travelling, subsistence allowance, dearness allowance
• Patent/invention
• Income from books, royalties, literary and cultural work
• Occasional participation in sports
 Kinds of Allowances
• House Rent Allowance
• Overtime Allowance
• Transport Allowance
• Spl. Pay & Deput. (Duty) Allowance • ABOLISHED
• Composite Hill Compen. Allowance • Washing allowance
• Children Education Allowance • Family planning allowance
• Reimbursement of Medical Charges
• Leave Travel Concession
• Other Compensatory Allowances
• Island Special Duty Allowance
 Kinds of Allowances

• Composite Transfer and Packing • Loan

Grant • Personal Computer
• Cycle Allowance • Conveyance
• Special Allowance for Child Care for • House Building
Women with Disabilities • Advance on Salary
 Transfer Policy and Orders
• Deputation is consensual (employee, lending employer and accepting
employer); transfer is condition of service
• Transfer outside cadre is deputation
• Employer decision where and when an employee has to be transferred –
transfer is right of the master
• Due to administrative exigencies
• Normally courts do not interfere, unless questioned on grounds of mala
fide or in violation of rules
• In case of genuine difficulty, an employee may seek to stay, modify or
cancel the order after making a representation. But if the representation
is not accepted, he must proceed on transfer failing which he will expose
himself to a disciplinary action
 Transfer Policy and Orders
• Employee is not entitled to hearing before his transfer is ordered
• Mostly when the transfer of employee is ordered at the extreme end of his
service tenure, malice may be presumed.
• Can Occasion from – promotions, abolition of posts, voluntarily, complaints or
vigilance cases (punishment transfers), other administrative requirements
• Rotation transfers; Repatriation to Home Station
• Posting to difficult stations/sensitive posts/finance management are usually of
shorter durations
• Timing of transfers may be allowed to coincide with academic years to ensure
children’s education is not disturbed.
• Conditions that may be considered in representation– marital status, posting of
spouse, children’s education, medical conditions, dependent parents, disability,
harassment or threat, single woman/widow, age of superannuation
 Joining Time after transfer orders
• CCS (Joining Time) Rules 1979
• Calculation of Joining time starts from the date of relieving from the
previous office
• Joining time – in case of two different organisations or governments, will
be governed by the rules of the new post that is to be joined
• Joining period cannot exceed 180 days
• Joining time applies on - Scheme Regulating Redeployment of Surplus Staff
• Joining time also applies on new recruitees
• One day joining time within the same station (when the old and new
offices are in the same municipal jurisdiction)
• Otherwise, time period should not exceed 30 days
 Joining Time after transfer orders
• When joined before the joining time, or has transferred family as well –
remaining days of joining time will be credit as leave in his account
(maximum 15 days can be counted for this purpose)
• If the transfer station is changed subsequent to one standing transfer
order – joining period needs to be counted afresh with respect to the new
station
• Break Time – if one CG department converts to another department, the
break time may be considered as joining time (without pay); joining time
should not be more than 30 days in such scenarios
• Entitled to – Dearness Allowance, Conveyance Allowance, Permanent
Travel allowance, compensatory allowance, etc.
• Can be extended by 30 days
• Joining time pay to be paid by new administrative authority
 Ad hoc employees and their absorption
• To meet unforeseen exigencies – temporary appointments
• For specific purpose without general application
• Prolonged appointment of ad hoc employees is considered to be in
violation of Article 14
• Two possibilities – appointment to a post may be made to meet
particular temporary exigency (in cases where post already exists); or
post may be created temporarily to meet exigencies
• Recent developments suggest ad hoc appointments are being used as
convenient ways of entry, usually from back door, at times in disregard of
rules.
• Any recruitment in violation of rules is void ab initio
 Ad hoc employees and their absorption
• Ad hoc employee (or stop gap employee) cannot claim right to continue in the
post till regularization. However, if the ad hoc employee has worker for a very long
period, the employer may consider regularization (provided employee is eligible).
• If the employment of ad hoc employee was terminated before the scheme of
regularization was announced, no benefits will be extended to the employee.
• Termination of service of ad hoc employee in inherent in the nature of service
• No hearing necessary
• If appointment letter requires notice period to be given – condition needs to be
complied with
• Stands relieved at the expiry of the term of the contract. (Applicable for project
posts also)
• No right to lien
 Ad hoc employees and their absorption
• Directions for Regularization of Ad Hoc Employees –
• Mere one year of employment does not entitle for regularization
• Should be considered on case of case basis
• Employees must possess requisite qualifications
• Ad hoc employee should be replaced by regular employee not another adhoc employee
• Upon appointment to regular post, he must be placed immediately below the last
regular employee (lowest in seniority)
• Grounds for considering regularization (Karnataka v. Uma Devi 2006)
• Employee has worked for 10 years of more on the sanctioned posts, without any
benefits or interim protections by the court
• Appointment is not illegal or irregular
• Should possess requisite qualifications
• Unqualified persons can be appointed as ad hocs only if qualified persons are
not available
 Ad hoc employees and their absorption
• Rattan Lal v. Haryana (1987)

• Check the slide on Seniority of Regularised Ad Hoc Employees

 Right of Lien
• An appointment cannot be made on the post that is already has lien

• Right of a Government employee to hold a regular post, whether permanent or

temporary, either immediately or on the termination of the period of absence.
The benefit of having a lien in a post/service/cadre is enjoyed by all employees
who are confirmed in the post/service/cadre of entry or who have been
promoted to a higher post, declared as having completed the probation where it
is prescribed. It is also available to those who have been promoted on regular
basis to a higher post where no probation is prescribed under the rules, as the
case may be

• The above right is subject to the condition that the junior-most person in the
cadre will be liable to be reverted to the lower post/service/cadre if at any time
the number of persons so entitled is more than the posts available in that
cadre/service.
 Lien of a Post
A Government servant who has acquired a lien on a post retains a lien on that
post-
• while performing the duties of that post;
• while on foreign service, or holding a temporary post or officiating in another
post;
• during joining time on transfer to another post; unless he is transferred
• substantively to a post on lower pay, in which case his lien is transferred the
new post from the date on which he is relieved of his duties in the old post;
• while on leave; and
• while under suspension.
• A Government servant on acquiring a lien on a post will cease to hold any lien previously
acquired on any other post.
• Join and cut off marks
 Compassionate Appointment
• Granted on humanitarian Grounds – not a right
• Based on the financial conditions of the family- if a family is able to
survive (and maintain a standard of living) without the appointment,
CA may be denied.
• Consider whether grant of pension places the family in a comfortable
position.
• Appointment subject to rules (minimum qualifications are essential)
• Cannot serve as a mode of recruitment.
• Not applicable for all posts – Group A and Group B appointments are
not considered eligible for CA
 Compassionate Appointment
• Depends on the Scheme of CA applicable on the date of the application –
if an old scheme is replaced by a new scheme – provisions of new
scheme will apply
• Eg. If the new scheme provides for compensation instead of
appointment – no appointment will be granted.
• Cannot be done in absence of provisions with respect to it.
• Benefit should not be granted with undue delay
• Courts’ powers are limited to directing the employer to consider
Compassionate Appointment – the assessment of whether CA should be
granted or not depends on the employer.
• Eligibility – son, daughter, widow (includes step-son and step-daughter)
• CA may be allowed if sudden VRS had to be taken on health grounds
• MGM Gramin Bank v. Chakrawarti Singh (2013)
• Father – Class III employee died in harness – Son applied for CA, while his
application was being considered a new scheme was introduced granting ex-gratia
compensation instead of CA. High Court mandated for appointment.
• SC rejected the appointment in appeal by considering the following –

• Every appointment to public office must be made by strictly adhering to the

mandatory requirements of Articles 14 and 16 of the Constitution. An exception by
providing employment on compassionate grounds has been carved out in order to
remove the financial constraints on the bereaved family, which has lost its bread-
earner. Mere death of a Government employee in harness does not entitle the family
to claim compassionate employment. The Competent Authority has to examine the
financial condition of the family of the deceased employee and it is only if it is
satisfied that without providing employment, the family will not be able to meet the
crisis, that a job is to be offered to the eligible member of the family. More so, the
person claiming such appointment must possess required eligibility for the post.
The consistent view that has been taken by the Court is that compassionate
employment cannot be claimed as a matter of right, as it is not a vested right.
 State of MP v. Parvez Khan
• Sultan Khan (father) in Madhya Pradesh Police dies in harness
• Son – Parvez Khan – criminal antecedents – 2 charges – 1
compounded, acquitted in the case of another charge for want of
evidence
• CA appointment denied to Police force (because of the nature of the
service)
 Annual Confidential Reports
• Assess ability, integrity and performance
• Document used for promotions, postings, transfers, encouragements,
cautions, punishments, premature retirements, etc.
• Give opportunity to employee to improve and remove inefficiencies
• CRs should cover a definite period where a proper assessment can be
made
• Should be written within six weeks of end of financial year
• Suspension period not counted for writing ACRs
• Part of personal file/character roll
 Annual Confidential Reports
• Written by superior officer in cadre who had the opportunity to watch the
work and conduct
• If the superior is getting transferred, he may record his remark
• Report by officer in less than 90 days of assessment is without jurisdiction
• In case of multiple superior officers – report is written by officer who has
seen the work last
• Two tier assessment system
• Self-Assessment – reviewing – accepting
• Grading - Outstanding/Very Good/Good/Average/Below Average
 Annual Confidential Reports
• Benchmark for promotion: to all Group ‘A’ & ‘B’ Gazetted posts = Very
Good; to all Group ‘B’ & Group ‘C’ posts = Good
• Frequency – Normally 1 ACR is written; more can be written in case of
transfer of the employee
• “warning or displeasure or reprimand” may be issued in the ACR.
Officer is given 30 days to submit representation
 Seniority & Promotion
• Promotion changes the grade, rank, designation and salary of an
employee
• 1) Promotion from a lower grade to a higher grade in the same class,
(i.e. from a Junior Assistant to a Senior Assistant or from a Junior
Typist to a Senior Typist or Assistant Superintendent to
Superintendent).
• 2) Promotion from one group to another , ( i.e. from group B to group
A)
• 3) Promotion from a lower service to a higher service (i.e. from State
Service to All India Services)
 Seniority & Promotion

• Promotions – a system of indirect recruitment

• On the basis of seniority
• On the basis of merit
• Seniority-cum-merit
• Merit-cum-seniority
• General Pattern of Promotion
• 1) Promotion to the higher posts is made on the basis of merit principle only.
• 2) Promotion to middle level posts are made on the basis of seniority-cum-merit
principle.
• 3) Promotion to lower-level posts are made on the basis of seniority principle (but
here also exceptional merit is rewarded).
 Seniority & Promotion
• Testing Merit
• Written/oral exam
• Efficiency rating
• Personal judgement of Head of Department
• 6th Pay Commission has changed Assured Career Progression Scheme to
Modified Assured Career Progression Scheme
• Applies to ‘A’, ‘B’ and ‘C’ Central Government Civilian Employees
except officers of the Organised Group ‘A’ Service
• Financial upgradation available (three upgradations) after 10, 20 and 30
years of services – this is not a promotion – just financial upgradation
• placement in the immediate next higher level in the hierarchy of the Pay
Matrix
 Seniority & Promotion
• Promotion is always based upon mutual consent by both the parties
• Promotion is a fundamental right of the employee and any obstacle in promotion
is violation of Art. 16. it calls for court intervention
• Agencies for Promotion
• Departmental Promotion Committee
• Union Public Service Commission State Public Service Commission
• Central Pool System with State Promotion Committee
• Appointment Committee of Cabinet
• Challenges
• Favouritism
• Improper employee records
• Lack of transparency – employees do not know the number of vacancies
• High emphasis on seniority;
• Political interference
• Limited promotional avenues
• Delays
Seniority in case of a Regularised Ad Hoc Employee
• Seniority to be counted from the date of appointment not confirmation (however, if the
initial appointment is only for a stop gap arrangement, or without rules, its period cannot
be considered for determining seniority)
• If appointee continues in the post uninterruptedly till regularisation in accordance with
rules, period of officiating will be counted
• Quota rule for recruitment from different sources must be respected (eg. Recruitment
through selection, promotion, regularisation etc)
• Anuradha Bodi v. Municipal Corporation of Delhi – Delhi Mun. Corp. Act – appointment with
UPSC Consultation. Not mandated for ad hoc temporary appointments for one year.
petitioners were appointed as General Duty Medical Officers – Grade II: initially
appointments were for 6 months or till regular appointments. Employees were advised to
appear for exam like all contenders to be regularised. Despite multiple opportunities,
employees never appeared for exam. SC dismissed their regularization petition. Thereafter
they appeared before UPSC, were appointed on regular basis w.e.f. from of UPSC’s
recommendation. Current petition demanded counting of entire service for seniority –
denied. (appointment without UPSC consultation could not be given benefit of regular
appointments)
 Termination – Severance of Relationship
• Termination simply means end of service, which may be the natural
end of contract/superannuation/punishment
• End of Service Contract
• Abolition of Post (preferable option will be transfer/deputation rather
than termination)
• Outsourcing of a Government Department/converting it to a PSU
• Retirement
• Compulsory Retirement
• Voluntary Retirement
• Retirement at the Age of Superannuation
• Removal (as punishment – discussed in Module IV)
• Dismissal (as punishment – discussed in Module IV)
 End of Probationer’s Services
• A probationer should be given an opportunity to work under more than one
officer during this period and reports of his work may be obtained from each one
of those officers
• A probationer, who is not making satisfactory progress, should be informed of his
shortcomings well before the expiry of the original probationary period so that he
can make special efforts at self-improvement.
• The decision whether an employee should be confirmed or his probation be
extended should be taken soon after the expiry of the initial probationary period
that is within six to eight weeks, and in case of extension communicated in writing
to the employee together with reasons.
• Not making satisfactory progress - the Appointing Authority may revert him to the
post held substantively by him immediately preceding his appointment, provided
he holds a lien thereon or in other cases may discharge or terminate him from
service.
• A Probationer reverted or discharged from service during or at the end of the
period of probation shall not be entitled to any compensation.

• DoPT circular on Probation Confirmation -

https://documents.doptcirculars.nic.in/D2/D02est/Master%20Circular%20Probation%20MGEUu.PDF
 End of Temporary Service
• Central Civil Services (Temporary Service) Rules, 1965
• "temporary service " means the service of a temporary Government
Servant in a temporary post or officiating service in a permanent post,
under the Government of India.
• One month Notice in writing
• All allowance due to him are payable
• Resignation may be offered instead of Termination
• Termination does not end a person’s ongoing cases
• Servant can initiate the resignation
• Applicable rules in cases of suspension will continue, as the employee is
still a servant
 Retirement – Voluntary
• If the enterprise is financially sound – it can announce VRS
• Not more than 60 days of salary to be paid in package
• 35 days of salary for every completed years; 25 days of all pending years till
superannuation
• VRS to consist of Basic + DA only
• CLs may be encashed
• To be extended to employees whose service may be ended without
detriment to Company interest
• Eligibility – all persons who have completed 30 years/20 years
• No recruitment against vacancy of VRS employees
• Does not apply to casual workers
 Retirement – Voluntary
• At least three months notice to be given
• Does not apply to –

• Entitled to gratuity and all other retirement benefits

• Retirement without returning to duty while on Leave not due
• Verification of qualifying service before giving notice.
• Guidelines for acceptance of notice
• Pension subject to future good conduct
• Availing leave standing to credit along with notice period
 Retirement on Superannuation
• retire from service with effect from the afternoon of the last day of the
month in which their date of retirement
• A Government servant whose date of birth is the first of a month shall retire
from service on the afternoon of the last day of the preceding month on
attaining the age of fifty-eight or sixty years, as the case may be.
• No specific orders are necessary for retirement on due date – automatic
feature
• Cannot assume non issuing of order to be extension of service
• Relinquishing of a charge has to happen on the last day of the month even if
it is a holiday.
• Some services reserve retirement for the end of December and July only
 Retirement on Superannuation
• In case of absorption into a PSU, date of absorption will mean date of
retirement from service
• Salary and pension will be accordingly adjusted in such a case on pro rata basis
• Commutation of Pension is possible to obtain a lumpsum amount instead.
• Kinds of Pension
• Superannuation pension – on retirement at the age of superannuation (words
compulsory retirement are also used)
• Retiring Pension
• Invalid Pension – on medical ground or incapacity – report to medical authority
(date of retirement suggested by medical authority to coincide or precede date of
retirement suggested by the employee)
• Pension on Absorption to a PSU – adjusted on pro rata basis
• Compensation Pension – abolition of post/closure of service (where
deputation/transfer of the employee to any existing branch could not take place)
• Employee preferably should be given an option to choose for compensatory pension or an
alternate employee available with the government
• Notice of three months is necessary. Failure to issue notice will make government liable to
pay allowances of any period shorter than 3 months
• No compensation pension to be paid if he is receiving pay and allowances
• Compulsory Retirement Pension – in case of compulsory retirement. If the
penalty of compulsory retirement includes reduction of pension, the UPSC shall
be consulted. Orders are issued in the name of the President. Reduction in
gratuity amount is an option.
• Compassionate allowance - A Government servant who is dismissed or removed
from service shall forfeit his pension and gratuity. On special consideration
compassionate allowance may be given, not more than 2/3rd of the pension.
Commutation is allowed. Entitled to future reliefs as may be revised or declared
by the government
• Interest is payable on delayed payment beyond a period of three months
• Non pensionary retirement benefits
• Gratuity
• 300 days leave encashment
• Encashment of half pay leave up to 300 days
• 60,000 insurance scheme
• GPF
• Travel entitlement for self and family
• Composite transfer and packing grant
• Reimbursement of charges on transportation of personal effects
• CGHS (health coverage)
• To seek pension in NRO account, the office needs to be intimated