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Thread: Delayed holding of DPCs by the Govt. is resulting in financcial loss to retirees

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  1. #1
    Senior Member Gopal Krishan is on a distinguished road
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    Default Delayed holding of DPCs by the Govt. is resulting in financcial loss to retirees

    The consolidated guidelines on the DPC were last issfued on the 19th April, 1989. The earlier DPC instructions also had similar arrangements. Briefely, the guidelines did not put any specific bar on consideration of retired employes while preparing year-wise panels of those who were within the zone of consideration in the relevant yer. In other words these instruction provided for consideration of the ritired employees for promotion if tey were eligible for consideration in the relevant year . The concept of year wise panel was also introduced in the year 1980. Subsequently, when faced with a problem raised by the Department of Telecommunication about consideration of retired employees retrospectively when they had become eliogible for consideration during the period they were in service, the Department of Personnel examined the matter in the light of various judgements of High Courts and the Supreme Court and in consultation with the Department of Legal Affairs issued an OM on the 12th October, 1998 clarifying the postion with reference to the consolidated instructions. According to the clarfication (i) the retired officers who were within the zone of consideration at the relevant time should be considered while preparing year wise panels; and (ii) such officials would, however, have no right for actual promotion. Unfortunately, the Department of Personnel has been interpreting (ii) above in such a way that even if some one is included in the panel retrospectively he would not be entitled to even pensionery benefits. As such all those aggrived started goint to CATHigh Courts/Supreme Court. Obviously, the CAT/HighCourts/Supreme Court generally started directing the Government for giving benefits to them. The DOPT instead of modifying their OM of 12th Otober, 1998 decided to restrict the benefits to only those who got favourable decision form CAT/High Court. That being a wrong policy we had represented to the DOPT in this regard. DOPT, in turn referred the matter to the Department Legal Affairs, who advised that where the DPCs were not held on time and promotions were not granted to the employyes concerned there a legal right accrues on all those eligible retired officers included in the selcti/suitability lists after holding DPC retrospectively to get notional promotion. This advice was received by DOPT as back as Ist week of September, 2010 . The matter is lying at that stage still. As such the same is required to be pursued by all sufferes in this regard.

    Gopal Krishan
    9911178250

  2. #2
    Senior Member Gopal Krishan is on a distinguished road
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    I have requested the DOPT to allow inspection of that file and the otherfiles connected with the issue. After that I would take up the matter with the concerned.

    Gopal Krishan

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    Senior Member Gopal Krishan is on a distinguished road
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    I had onspected that file and found that the at the level of the Joint Secretary, it was decided to leave the matter at that. In the mean time it was also understood that the PM had directed the Ministry that in this type of cases when the retirees are considered for promotion at the relevant time, there names should be included in the select list of that time. It appears that the intenstion of the decision of the PM was all those shoud be given benefits of the next higher post in terms of retiral benefits notionally. Tht matter is required to be pursued.


    Gopal Krishan

  4. #4
    Senior Member Gopal Krishan is on a distinguished road
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    RTI applications had been filed for getting information from the PMO and the DOPT. Unfortunately nothing positive has come out from them. In the mean time one of the officer of the Ministry of Information and Broadcasting has filed a case in PB CAT, Delhi as his case was also delayed and he was not given any pensioner benefits although his name was included in the panel for promotion retrospectively.
    GOPAL Krishan

  5. #5
    Senior Member Gopal Krishan is on a distinguished road
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    The DOPT have issued an OM on the 14th November, 2014, which retirees must be considered and included in the suitabiity/select list
    Gopa Krishan

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    Member R.Devaraju is on a distinguished road
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    .
    Dear Sir,
    I asked clarification about the circular dated 14.11.2014 from DOPT under public grievance. DOPT replied as follows.
    ----------------------------------------------------------
    DoPT OM is very clear that promotion is only to be given to the persons who are actually available for promotion.
    ----------------------------------------------------------------
    It was stated that the item was closed. Below that one feedback column was available. I made further submission under that feedback only but Iam not sure whether DOPT will reply.
    -------------------------------
    My further submission to DOPT.
    ---------------------------------------

    My department has not given promotion in 2012 when there was about 40 vacancies . If promotion had been given in 2012 itself, I would have got promotion. But it gave promotion only in 2014 after my retirement--- i.e after two years to the officers available on the date of promotion leaving retired officers like me. Since DOPT has given above clarification in one sentence, it is not clear whether the action of my department denying promotion to the eligible retired officers like me is correct or not. If DOPT furnish more information on the circular, it would be much appreciable.
    With regards.
    R.Devaraju
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    Last edited by R.Devaraju; 07-12-2014 at 07:51 PM.

  7. #7
    Senior Member Gopal Krishan is on a distinguished road
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    During the first week of December, 2015, the DOPT referred the matter to the Departments of Expenditure and Pensions for their comments. Their comments are awaited by the DOPT. This is for the information of those interested in the matter particularly those who rang up to check up the latest position.
    Gopal Krishan
    9911178250



    Quote Originally Posted by Gopal Krishan View Post
    The consolidated guidelines on the DPC were last issfued on the 19th April, 1989. The earlier DPC instructions also had similar arrangements. Briefely, the guidelines did not put any specific bar on consideration of retired employes while preparing year-wise panels of those who were within the zone of consideration in the relevant yer. In other words these instruction provided for consideration of the ritired employees for promotion if tey were eligible for consideration in the relevant year . The concept of year wise panel was also introduced in the year 1980. Subsequently, when faced with a problem raised by the Department of Telecommunication about consideration of retired employees retrospectively when they had become eliogible for consideration during the period they were in service, the Department of Personnel examined the matter in the light of various judgements of High Courts and the Supreme Court and in consultation with the Department of Legal Affairs issued an OM on the 12th October, 1998 clarifying the postion with reference to the consolidated instructions. According to the clarfication (i) the retired officers who were within the zone of consideration at the relevant time should be considered while preparing year wise panels; and (ii) such officials would, however, have no right for actual promotion. Unfortunately, the Department of Personnel has been interpreting (ii) above in such a way that even if some one is included in the panel retrospectively he would not be entitled to even pensionery benefits. As such all those aggrived started goint to CATHigh Courts/Supreme Court. Obviously, the CAT/HighCourts/Supreme Court generally started directing the Government for giving benefits to them. The DOPT instead of modifying their OM of 12th Otober, 1998 decided to restrict the benefits to only those who got favourable decision form CAT/High Court. That being a wrong policy we had represented to the DOPT in this regard. DOPT, in turn referred the matter to the Department Legal Affairs, who advised that where the DPCs were not held on time and promotions were not granted to the employyes concerned there a legal right accrues on all those eligible retired officers included in the selcti/suitability lists after holding DPC retrospectively to get notional promotion. This advice was received by DOPT as back as Ist week of September, 2010 . The matter is lying at that stage still. As such the same is required to be pursued by all sufferes in this regard.

    Gopal Krishan
    9911178250
    Last edited by Gopal Krishan; 26-01-2016 at 02:49 PM.

  8. #8
    Senior Member Gopal Krishan is on a distinguished road
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    It is understood that comments from the Department of Pensions as well as from the Department of Expenditure have been received by the DOPT. At the same time it has been noticed from the copies of the notes earlier obtained from DOPT that it was not necessary to obtain comments of both the Departments as initially the policy guidelines relating to DPC were issued after consulting both the Departments as well as UPSC. The OMs issued in Oct. 1998 and on the 14th November, 2014 related to clarification and not fresh instructions. As such some of us who are interested in the matter intend to write to the DOPT seeking information as to under which rule/instructions comments of both the Departments were sought. At the same time we intend to request for copies of the comments received from both the Departments by the DOPT
    Gopal Krishan

  9. #9
    Senior Member Gopal Krishan is on a distinguished road
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    Although we had written to the Department of Personnel and Training almost a month before under RTI Act, their reply is still awaited.
    Gopal Krishan
    9911178250

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    Senior Member vnatarajan is on a distinguished road
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    Dear all- hope all fine...yes I am also on the hot track on this issue.....with my dept....my dpc proposal was sent 18 months late , 35 days bfore my retirement, with wrong eligibility list, and no seniority list, with no reasons for delay in the second year, and finally when sent, they had put the remark that as i do not have 3 months time for service if promoted, name may not be considered as per prevailing guidelines at that time (april 25, 1997- i retired in may 1997).

    In spite of a slp ruling in july 1991 itself , my seniority was not corrected by vested interests and i was not at all aware of the hsc slp ruling which i had come to know only after the nov 214 om of dopt when i tried to do some research on such a case.

    vnatarajan
    Last edited by vnatarajan; 22-03-2016 at 08:01 PM. Reason: typo

  11. #11
    Senior Member Gopal Krishan is on a distinguished road
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    Despite strict instructions issued from time to time by the Government of India in the DOPT about timely holding of DPC meetings, various Ministries/Departments in violation of the same delayed holding of DPCs but meticulously followed the illogical/irrational/illegal policy of the DOPT which deprive the employees of the pensionery benefits, who missed promotion as a result of delayed holding of DPCs and retired on superannuation in the mean time

    As back as the 30th December, 1976 vide OM No. 22011/6/75-Estt(D), the Department of Personnel and Training issued consolidated instructions on the constitution and functioning of the Departmental Promotion Committees and the procedure to be followed in processing and implementing their recommendations. Thereafter, instructions had also been issued from time to time clarifying/modifying certain aspects included in the instructions. Accordingly some instructions were issued relating to bringing out of year-wise select lists. These instructions did provide for convening of DPCs at regular annual intervals to draw panels which could be utilized for making promotions against the vacancies occurring during the course of a year. It was also laid down that it was essential for the concerned authorities to initiate action well in advance of the expiry of the previous panel. On 10.4.89 consolidated policy guidelines in the form of . “Guidelines on Departmental Promotion Committees” were issued by the Government of India, in the Department of Personnel and Training. Still there had been delays in taking advance action in various Ministries/Departments, which resulted in reiteration of earlier instructions. Such a reiteration was also done vide of OM No. 22011/9/98-Estt(D) dated the 8th September, 1998 stating that delays in promotions resulted in considerable frustrations amongst officers, thereby adversely affecting their morale and overall productivity. As a remedial measure a time schedule for convening DPCs was also prescribed. Still DPCs were not being held in advance. Need for strict compliance of the instructions was reiterated vide OM No. 22011/9/98- Estt(D) dated the 14th December, 2000. The unsatisfactory position also created problems to UPSC inasmuch as the Commission had to stop accepting incomplete proposals wef the Ist August, 2010. In March, 2011, referring to instances of delays, the DOPT also brought to the notice of the Ministries/Departments that administrative delays in holding DPCs had been viewed adversely by the courts and was the main reason for litigation before CAT and various High Courts. The Department also observed that non-adherence to time frame of DPCs was a matter of serious concern to the Government. The Department also desired that an officer of the level of JS should be designated to ensure timely holding of DPCs.

    2. Despite strict instructions from the Government of India in the Department of Personnel and Training meetings for preparing panels for promotions were and are not being held in advance of the vacancy year. As a result officials, particularly on the verge of retirement were/are suffering financially for no fault on their parts. However, those who had/have assumed charge even for a day get pension for the higher post although suffer in terms of arrears of pay and allowances for no fault on their part. But in the cases of those who retired on superannuation in the meantime and missed promotion for no fault on their parts suffered financially, which is getting compounded with the passage of time. Unfortunately the DOPT is not bothered for the plight of the retirees, who were/are suffering financially. The DOPT continue with their illogical/irrational/illegal stand, which they are changing from time to time resulting in continued denial of justice to the retired old pensioners in terms of arrears of pay and allowances as well as pensionery benefits.
    Last edited by Gopal Krishan; 04-05-2016 at 09:58 PM.

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