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

  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.

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    Senior Member Gopal Krishan is on a distinguished road
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    The policy guidelines issued by the DOPT from time to time about holding of DPCs lay down that retirees are to be considered for promotion at the relevant time if DPCs get delayed. All those found suitable for promotion are required to be included in the panel(s). These guidelines also lay down that all those included in the panel(s) shall have no right to actual promotion. The DOPT has been interpreting the provision as if the retirees have no right to even notional promotion/pensionary benefits. This, according to various judgement of CAT/Courts, is unjust. They have given judgements in favour of the petitioners. IN FACT on a reference to the Department of Legal Affairs by the DOPT, the former advised the Department that all such retirees have a legal right to notional promotion and consequential pensionary benefits. That advice of the Law Ministry is lying with the DOP FOR more than four years without any action thereon. We may have to press for that.
    Gopal Krishan 9911178250

  8. #8
    Senior Member Gopal Krishan is on a distinguished road
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    One of my friends has represented to the Prime Minister. His representation is reproduced below. I seek comments, thereon.



    Subject: Violation of the policy guidelines by various Ministries//Departments for years necessitating intervention by the Prime Minister.

    As back as 1980 and 10.4.89 consolidated policy guidelines on the Departmental Promotion Committee were issued by the Government of India, in the Department of Personnel and Training. These guidelines did not lay down any restriction on (i) consideration of retired officials, who were within the zone of consideration in the relevant year; (ii) inclusion of the names of suitable officials in the panels while preparing year wise panels; and (iii) then giving to all those included in the panels notional promotion and notional pensionary benefits with effect from the relevant year.

    2.Later, however, as need arose, because of some difficulties about considering retired officials faced by one of the Departments, viz-a-viz UPSC, a general clarification to all the Ministries/Departments with reference to the guidelines referred to above was issued by the Government of India, in DOPT on 12.10.98 stating that (i) retired officials should be considered during the year they were due for such a consideration while preparing year wise panels and (ii) they shall have no right to actual promotion

    3.In view of these policy guidelines various Ministries/Departments, including the Ministry of Information and Broad casting were/are considering retired officials for the year-wise panels of the relevant years and also including names of all those found suitable for promotion in the lists for promotion. Accordingly, after retirement in May 2005, the name of the undersigned was included, in the panel for promotion during the year 2005-06. However, the Ministry of Information and Broadcasting, refused to give the notional promotion and benefits in terms of revised pay and pension. When this was brought to the notice of the Ministry, the attention of the undersigned was invited to the clarification issued by the DOPT in 1998 laying down that ‘(ii) they shall have no right to actual promotion’, which meant to Ministry of Information and Broadcasting that even notional benefits were not to be given to the undersigned.

    4 .In this connection it may be stated that:-

    (a) from 1980 it self there existed a policy as re-iterated/clarified in October, 1998 that all those included in the panels shall have no right to actual promotion, which by implication meant that they should be given notional promotion and notional pensionary benefits only.

    (b)not giving notional promotion and notional pensionary benefits is against the very guidelines issued by the Government of India in DOPT as back as 1980s, which did not put any restriction on giving notional pensionary benefits;
    (c) the clarification issued in 1998 could not create any new guideline/provision, as being interpreted by the Ministry of Information and Broadcasting, as the same was simply a clarification of earlier guidelines;

    (d) a number of CAT/Court judgements are there in which directions had been given to the concerned Ministry/Department to give notional benefits;

    (e)based on some of the Supreme Court judgements the Department of Legal Affairs in the year 2010 had advised the DOPT in their file No. 2011/4/1998-Estt(D) that such officials do have a legal right to notional benefits;

    (f)vide recently issued OM No. 22011/1/2014-Estt(D) dated the 14th November, 2014, (Annexure I), the Government of India, in the Department of Personnel, based on the observation of the Appointment Committee of the Cabinet, re-iterated/clarified once again that non-inclusion of the names of the retired officials in the panel(s) negated the very purpose of the OM dated the 12th October, 1998 and was also against the principle of natural justice, which meant that all those are to be given notional benefits in the light of the policy guidelines issued in 1980s, which could not be altered by 1998 clarification;

    (g)the undersigned is being put to injustice in the matter of promotion as the DPC could not be held in time because of administrative fault; and

    (h)denial of notional benefit is unreasonable and arbitrary

    4. In the circumstances it would be seen that there is every justification for giving notional benefits to the undersigned. It is, therefore, requested that the matter may kindly be looked into afresh, particulary in the light of the observation of the Appointment Committee of the Cabinet referred to above and the undersigned may be given the notional pensionary benefits, if necessary, after further issuing a clarification to all Ministries/Departments including Ministry of Information and Broadcasting, in continuation of the OM of the 14th November, 2014 clarifying that the guidelines issued in 1980s did not put any bar on giving notional benefits to those included in the panels for promotion.

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    Member R.Devaraju is on a distinguished road
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    Dear Shri.Gopalji !
    Everyone shall thank the friend who represented the issue to the Prime Minister. But at the same time, on seeing the functions of PM during the past 8 months, I feel that it may not be sufficient to get the desired orders unless there is some political pressure. The final one is legal battle. Kindly inform the fate of the CAT case listed for hearing last month.
    With regards,
    R.Devaraju.

  10. #10
    Senior Member Gopal Krishan is on a distinguished road
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    Of course he represented to the PM and the MINISTER of State in the Ministry of Personnel as that Ministry is under the control of the PM. After waiting for some days, we intend to take up the matter with the PM as the in charge of the Ministry through some MP etc.

    His case would come up in the last week of March, 2015.
    Gopal Krishan

  11. #11
    Member R.Devaraju is on a distinguished road
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    Quote Originally Posted by Gopal Krishan View Post
    Of course he represented to the PM and the MINISTER of State in the Ministry of Personnel as that Ministry is under the control of the PM. After waiting for some days, we intend to take up the matter with the PM as the in charge of the Ministry through some MP etc.

    His case would come up in the last week of March, 2015.
    Gopal Krishan
    Thank you very much sir. Kindly inform the developments then and there please.
    With regards
    R.Devaraju.

  12. #12
    Senior Member Gopal Krishan is on a distinguished road
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    I would suggest that similar representations in general terms with reference to the direction of the PM issued vide OM dated the 14th November, 2014, could be sent by others concerned also to the P>M>
    Gopal KRISHAN

  13. #13
    Member R.Devaraju is on a distinguished road
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    Quote Originally Posted by Gopal Krishan View Post
    I would suggest that similar representations in general terms with reference to the direction of the PM issued vide OM dated the 14th November, 2014, could be sent by others concerned also to the P>M>
    Gopal KRISHAN
    Dear sir,
    A very good advice. It may kindly be examined and advise whether uploading the petition in twitter to PM would work.

    Thanks.
    R.Devaraju.

  14. #14
    Senior Member Gopal Krishan is on a distinguished road
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    Yes. That would also do. We could send a copy to the Minster of State in the Ministry of Personnel etc. NORTH Block, New Delhi. This problem of retired employees is likely to appear in some new papers tomorrow. Let us see the reaction of the Gvernment thereon.
    Gopal Krishan

  15. #15
    Senior Member Gopal Krishan is on a distinguished road
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    Hindustan Times and a couple others carried a story under the title ' Retired employees an get benefits of missed promotions'
    Gopal krishan

  16. #16
    Member R.Devaraju is on a distinguished road
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    Quote Originally Posted by Gopal Krishan View Post
    Hindustan Times and a couple others carried a story under the title ' Retired employees an get benefits of missed promotions'
    Gopal krishan

    Economic Times article is placed below for information to all please.

    R.Devaraju.

    Economic Times.

    Retired employees can now avail benefits of missed promotions

    PTI Feb 1, 2015, 02.54PM IST

    NeW DELHI: Retired government employees who missed out on their promotions due to late meetings of the committees deciding on such departmental elevations will now be able to avail its post-retirement benefits.
    "Instructions have been issued to all ministries and departments to give benefit of promotion to those employees who missed it due to late meeting of Departmental Promotion Committee (DPC)," an official in the Department of Personnel and Training (DoPT) said.


    It would not be in order if eligible employees, who were within the zone of consideration for the relevant year but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration or panel, as per the DoPT order.
    Consequently, their juniors are considered (in their place) for promotions, who would not have been in the zone of consideration if the DPC had been held in time, it said.
    "Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year," the order said, adding that this "undesirable trend negate the very purpose" of government's existing instructions for inclusion of such employees.
    There have been reports that some of the eligible retired employees are not being given the benefit of promotion which they missed due to late DPCs. In fact the DPCs were being held very late, the official said.
    The DoPT has asked all central government ministries and departments under it to ensure "strict compliance" of its instructions to include retiring employees for promotions in case the DPCs are delayed.
    Such retired officials would, however, have no right for actual promotion, the DoPT official said.

  17. #17
    Member R.Devaraju is on a distinguished road
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    Sir,

    I understand that the Prime Minister is now monitoring public grievances directly on 25th of every month.

    I saw an order on this subject in G-connect. So I request all employees who lost their promotion due to delayed DPC to lodge their grievance under DOPT Public grievance portal. I have already lodged my grievance as under.

    Grievance: - Denial of notional Promotion / pension benefits to the eligible retired officials whenever DPC is delayed---- Violation of the policy guidelines by various Ministries//Departments for years necessitating intervention by the Prime Minister.
    Sir,
    I retired as Joint Director in ESI Corporation. My date of retirement is 30.09.2012. The ESIC did not hold DPC for promotion to the post of Director during the years 2011, 2012 and 2013 though there were about 50 vacancies. If the DPC was held in December 2011 or January 2012, I would have got promotion to the cadre of Director. Finally ESIC gave promotion to all the officers available in 2014 leaving all retired officers including me causing a huge financial loss. I beg to submit that the rules of Govt of India under which I am eligible for promotion. Copies of all correspondences made to ESI Corporation and connected rules of GOI are enclosed please.
    The consolidated guidelines on the DPC were last issued on the 19th April, 1989. The earlier DPC instructions also had similar arrangements. Briefly, the guidelines did not put any specific bar on consideration of retired employees while preparing year-wise panels of those who were within the zone of consideration in the relevant year. In other words these instructions provided for consideration of the retired employees for promotion if they 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 eligible 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 position with reference to the consolidated instructions. According to the clarification (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 someone is included in the panel retrospectively he would not be entitled to even pensionery benefits. As such all those aggrieved started going to CAT High Courts/Supreme Court. Obviously, the CAT / High Courts / Supreme Court generally started directing the Government for giving benefits to them. The DOPT instead of modifying their OM of 12th October, 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 employees concerned there a legal right accrues on all those eligible retired officers included in the select/suitability lists after holding DPC retrospectively to get notional promotion. This advice was received by DOPT as back as first week of September, 2010.
    Recently DOPT issued OM No. 22011/1/2014-Estt(D) dated the 14th November, 2014, based on the observation of the Appointment Committee of the Cabinet, re-iterated/clarified once again that non-inclusion of the names of the retired officials in the panel(s) negated the very purpose of the OM dated the 12th October, 1998 and was also against the principle of natural justice, which meant that all those are to be given notional benefits in the light of the policy guidelines issued in 1980s, which could not be altered by 1998 clarification. This view is strengthened by the article published in Economic Times which is reproduced below. @@@@@@@@@@@@@@@@@@
    Retired employees can now avail benefits of missed promotions
    PTI Feb 1, 2015, 02.54PM IST NeW DELHI:
    Retired government employees who missed out on their promotions due to late meetings of the committees deciding on such departmental elevations will now be able to avail its post-retirement benefits. "Instructions have been issued to all ministries and departments to give benefit of promotion to those employees who missed it due to late meeting of Departmental Promotion Committee (DPC)," an official in the Department of Personnel and Training (DoPT) said.

    It would not be in order if eligible employees, who were within the zone of consideration for the relevant year but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration or panel, as per the DoPT order.
    Consequently, their juniors are considered (in their place) for promotions, who would not have been in the zone of consideration if the DPC had been held in time, it said.
    "Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year," the order said, adding that this "undesirable trend negate the very purpose" of government's existing instructions for inclusion of such employees.
    There have been reports that some of the eligible retired employees are not being given the benefit of promotion which they missed due to late DPCs. In fact the DPCs were being held very late, the official said.
    The DoPT has asked all central government ministries and departments under it to ensure "strict compliance" of its instructions to include retiring employees for promotions in case the DPCs are delayed.
    Such retired officials would, however, have no right for actual promotion, the DoPT official said........
    I sincerely submit that even after seeing the above developments, rules , guidelines, instructions etc, various Ministries//Departments are still violating them and denying notional Promotion / pension benefits to the eligible retired officials whenever DPC is delayed. Therefore, I humbly request the Honourable Prime Minister to kindly cause necessary action so that the DOPT order is properly followed by all Departments and Ministries including ESI Corporation extending due pension benefits to retired officials.
    R.Devaraju.

    Last edited by R.Devaraju; 03-04-2015 at 02:01 PM.

  18. #18
    Senior Member soodeep is on a distinguished road
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    Quote Originally Posted by R.Devaraju View Post
    Sir,

    I understand that the Prime Minister is now monitoring public grievances directly on 25th of every month.

    I saw an order on this subject in G-connect. So I request all employees who lost their promotion due to delayed DPC to lodge their grievance under DOPT Public grievance portal. I have already lodged my grievance as under.

    Grievance: - Denial of notional Promotion / pension benefits to the eligible retired officials whenever DPC is delayed---- Violation of the policy guidelines by various Ministries//Departments for years necessitating intervention by the Prime Minister.
    Sir,
    I retired as Joint Director in ESI Corporation. My date of retirement is 30.09.2012. The ESIC did not hold DPC for promotion to the post of Director during the years 2011, 2012 and 2013 though there were about 50 vacancies. If the DPC was held in December 2011 or January 2012, I would have got promotion to the cadre of Director. Finally ESIC gave promotion to all the officers available in 2014 leaving all retired officers including me causing a huge financial loss. I beg to submit that the rules of Govt of India under which I am eligible for promotion. Copies of all correspondences made to ESI Corporation and connected rules of GOI are enclosed please.
    The consolidated guidelines on the DPC were last issued on the 19th April, 1989. The earlier DPC instructions also had similar arrangements. Briefly, the guidelines did not put any specific bar on consideration of retired employees while preparing year-wise panels of those who were within the zone of consideration in the relevant year. In other words these instructions provided for consideration of the retired employees for promotion if they 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 eligible 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 position with reference to the consolidated instructions. According to the clarification (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 someone is included in the panel retrospectively he would not be entitled to even pensionery benefits. As such all those aggrieved started going to CAT High Courts/Supreme Court. Obviously, the CAT / High Courts / Supreme Court generally started directing the Government for giving benefits to them. The DOPT instead of modifying their OM of 12th October, 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 employees concerned there a legal right accrues on all those eligible retired officers included in the select/suitability lists after holding DPC retrospectively to get notional promotion. This advice was received by DOPT as back as first week of September, 2010.
    Recently DOPT issued OM No. 22011/1/2014-Estt(D) dated the 14th November, 2014, based on the observation of the Appointment Committee of the Cabinet, re-iterated/clarified once again that non-inclusion of the names of the retired officials in the panel(s) negated the very purpose of the OM dated the 12th October, 1998 and was also against the principle of natural justice, which meant that all those are to be given notional benefits in the light of the policy guidelines issued in 1980s, which could not be altered by 1998 clarification. This view is strengthened by the article published in Economic Times which is reproduced below. @@@@@@@@@@@@@@@@@@
    Retired employees can now avail benefits of missed promotions
    PTI Feb 1, 2015, 02.54PM IST NeW DELHI:
    Retired government employees who missed out on their promotions due to late meetings of the committees deciding on such departmental elevations will now be able to avail its post-retirement benefits. "Instructions have been issued to all ministries and departments to give benefit of promotion to those employees who missed it due to late meeting of Departmental Promotion Committee (DPC)," an official in the Department of Personnel and Training (DoPT) said.

    It would not be in order if eligible employees, who were within the zone of consideration for the relevant year but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration or panel, as per the DoPT order.
    Consequently, their juniors are considered (in their place) for promotions, who would not have been in the zone of consideration if the DPC had been held in time, it said.
    "Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year," the order said, adding that this "undesirable trend negate the very purpose" of government's existing instructions for inclusion of such employees.
    There have been reports that some of the eligible retired employees are not being given the benefit of promotion which they missed due to late DPCs. In fact the DPCs were being held very late, the official said.
    The DoPT has asked all central government ministries and departments under it to ensure "strict compliance" of its instructions to include retiring employees for promotions in case the DPCs are delayed.
    Such retired officials would, however, have no right for actual promotion, the DoPT official said........
    I sincerely submit that even after seeing the above developments, rules , guidelines, instructions etc, various Ministries//Departments are still violating them and denying notional Promotion / pension benefits to the eligible retired officials whenever DPC is delayed. Therefore, I humbly request the Honourable Prime Minister to kindly cause necessary action so that the DOPT order is properly followed by all Departments and Ministries including ESI Corporation extending due pension benefits to retired officials.
    R.Devaraju.

    Thank you so much for sharing the information/views.

  19. #19
    Senior Member Gopal Krishan is on a distinguished road
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    Unfortunately, the DoPT had issued guidelines in 1998 as re-iterated in the 14th November, 2014 OM, based on the direction of the Prime Minister, which provide that such retirees are to be considered and if found fit are required to be included in the respective panels. The guidelines do not provide for any notional promotion or notional pensionary benefits. That is the stand of the Government of India in the DOPT. Unless that is modified all would suffer as hitherto and would have to knock the doors of the courts.
    Some of the Central Secretariat Service officers who also missed promotion to the level of Directors are also pursuing the matter with the DOPT and the Prime Minister. Unfortunately nothing has clicked so far.
    Gopal Krishan
    Last edited by Gopal Krishan; 10-04-2015 at 05:32 PM.

  20. #20
    Senior Member vnatarajan is on a distinguished road
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    Why my post is not getting loaded?
    Last edited by vnatarajan; 12-04-2015 at 05:39 PM.

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