Steps for identifying surplus staff for their transfer to the Surplus Staff Establishment and their disposal

No.1/1/2002-CS.III
Govt. of India
Department of Personnel and Training
(Division of Retraining and Redeployment)

New Delhi, dated the 26th March, 2002.

OFFICE MEMORANDUM

Subject:- Redeployment of surplus staff-identification/declaration of surplus staff and related instructions.

The undersigned is directed to invited the attention of all Ministries/Departments to the instructions regarding Redeployment and Readjustment of Surplus staff as contained in O.M. No. 1/18/88/CS-III dated 1.4.89 (hereafter referred as the 1989 Revised Scheme) and the CCS (Redeployment of surplus Staff) Rules, 1990.
With the issue of the instructions regarding special VRS for Surplus staff vide O.M. No.25013/6/2001-Estt.(A) dated 28th February, 2002, the Government has now decided to reiterate the extant orders on the subject and also list below the modalities for identification and declaration of Surplus Staff, for the benefit of all Ministries/Departments:-
1. The first step involves individual Ministries/Departments taking an administrative decision to declare staff as surplus as a result of measures listed under Rule 2 (g) (b) (I) to (3) of the CCS (Redeployment of surplus Staff) Rules, 1990. These measures have been reiterated in the OM of 28th February, 2002 referred above, regarding special VRS for surplus Staff.
2. The second step involves determination of posts which are required to be abolished in be abolished in the light of decisions taken by the concerned Ministry/Department. Once posts are identified, vacant posts need to be abolished through formal orders as per the time limit for implementation prescribed in Para 2 of Annexure 1 of the 1989 Revised Scheme.
3. The third step involves identification of surplus staff working against posts, which though not vacant but have been identified for being abolished. Identification of Surplus Staff would be guided by Para 3 of Annexure 1 of the 1989 Scheme. A copy of Annexure 1 of the 1989 Revised Scheme is enclosed as Annexure-‘A’.
4. The fourth step involves preparing final list of surplus staff for reporting the same to the division of Retraining and Redeployment which was earlier known as the Surplus Cell in the Department of Personnel and Training (hereafter referred as the ‘Division’).
5. The fifth step involves reporting the final list of surplus staff to the division of Retraining and Redeployment in Proforma II and Proforma III respectively as prescribed in the 1989 Revised Scheme. A copy, each of proforma II and III is enclosed alongwith this O.M. as Annexure ‘C’ and Annexure ‘D’ respectively. While Proforma-II is for senior staff opting to be declared surplus in preference to their juniors, proforma III deals with detailed bio-data of surplus staff.
6. The sixth step involves the concerned Ministry/Department keeping a watch on acknowledgement from the Division of Retraining and Redeployment regarding acceptance of surplus staff on the Rolls of the Division. The division is bound to convey its acceptance to the concerned Ministry/Department within a month from the date of receipt of complete proposal. However, where the division has referred back ( not later that 14 days from the date of Receipt in the Division) a proposal to the concerned Ministry, being incomplete the period of one month would count from the date of receipt of the revised proposal in the Division. On expiry of one month from the date of receipt of complete proposal, if the Division has not accorded acceptance on its Rolls, the same would be deemed to have been accorded by the division to the concerned Ministry/Department.
7. The seventh step involves formal intimation to the surplus staff by the concerned Ministry/Department advising them that their names have been reported to the Division for their redeployment. Formal intimation to the surplus staff should be sent in the prescribed proforma enclosed with this OM as Annexure-‘B’ alongwith Appendix I, II, III respectively (enclosed).
8. The eight step involves issue of formal orders by the concerned Ministry/Department from the date staff are declared surplus, transferring them to a surplus Staff Establishment to be constituted within the concerned Ministry/Department as per procedure outlined in Para 6.1 of the 1989 Revised Scheme and Annexure I of the 1989 Revised Scheme. The practice of transfer to the Surplus Staff Establishment and they arranging pay and allowances to the surplus staff will continue until the Division issues separate instructions. The surplus staff will be borne on the surplus Staff Establishment until the Division issues their Redeployment orders or till Resignation, Retirement including Special VRS etc., as the case may be.
The division will handle redeployment and readjustment of all Groups (Group ‘A’ , ‘B’, ‘C’ and Group ‘D’) of surplus staff as per the provisions contained in the 1989. Revised Scheme and the Central Civil Services (Redeployment or Surplus Staff) Rules, 1990.

NOTE: Redeployment and Readjustment of Group ‘D’ Surplus Staff which hitherto was being handled by the DGE&T, Ministry of Labour is now under the domain of the Division in terms of this Ministry’s O.M. No. 20011/1/2002-IWSU dt. 10th January, 2002 (copy enclosed).

In so far as retraining of surplus staff is concerned, attention of Ministries/Departments is invited to Para 8 of the 1989 Revised Scheme which lists out advance action to be taken by individual Ministries/Departments to assess the training needs of surplus staff and to refer the same to the Department of Personnel & Training. This aspect, unfortunately has not received the desired attention of the Ministries/Departments. In consultation with the Training division, this issue is being examined denote and detailed instructions will follow, pending which, the extant instructions would be adhered to.
In terms of O.M. No. 25013/6/2001-Estt.(A) dt. 28th Feb. 2002, on the special VRS, permanent staff declared surplus are required to indicate their willingness to accept the special VRS within 3 months from the date they are declared surplus. It is clarified that the expression ‘from the date he/she has been declared surplus’ used in the above O.M. would mean the date of acceptance of surplus staff on the rolls of the Division or the deemed date.
In terms of Para 7 of O.M. No.25013/6/2001 dt. 28th Feb. 2002 on Special VRS, it has also been indicated that Ministries/Departments will be required to furnish a quarterly statement to the division on implementation of VRS. Accordingly, a proforma is enclosed as Annexure ‘E’ to this O.M., which all Ministries/Departments may fill and send every Quarter to this Division.
Instructions contained in this O.M. are supplemental to the provisions of the 1989 Revised Scheme and the CSS (Redeployment of Surplus Staff) Rule, 1990.

Receipt of this communication may please be acknowledged.

Encl: As above.

Sd/-
(R.R. Prasad)
Director(SR)

All Ministries/Departments
(As per Standard Mailing list)

ANNEXURE-A

STEPS FOR IDENTIFING SURPLUS STAFF FOR THEIR TRANSFER TO THE SURPLUS STAFF ESTABLISHMENT AND THEIR FURTHER DISPOSAL

1.0 Basis for declaring staff surplus
1.1 Agreed recommendation on the report of the Staff Inspection Unit/Internal Works Study Unit/Department of Administrative Reforms and Public Grievances or other Committee/Body appointed by the Government for carrying out studies aimed at work measurement/reviewing organizational structure, application of Zero base-budgeting etc., involving reduction of sanctioned strength in one or more posts;

1.2 Decision/orders for (a) winding up or abolition of an organisation or a particular on-going activity in an organisation, (b) to transfer an activity/organisation to an autonomous organisation/Public Sector Undertaking/State Government, etc.,

2.0 Time limit for implementation
Three months (Unless a different time-frame is prescribed in any case)
-(1) 2 months for identifying the superfluous posts and surplus staff and reporting their bio-data to the Central Pool to examine their eligibility for redeployment.
-(2) 3 months, inclusive of (1) above, for declaring excess staff surplus, and transferring them to the surplus Staff Establishment,

(F.No. 1/18/88-CS.(III), Dt. 1.4.1989)

Note:- Staff rendered surplus as a result of ad-hoc economy cuts or other economy measures without accompanying reduction of posts is not eligible for redeployment through the Central Cells (i.e. the Central Surplus Staff Cell in Department of Personnel & Training and the special Cell in the directorate General, Employment & Training.

3.0 Steps for identification of surplus staff:
3.1 Abolish vacant posts in excess of the revised (i.e. reduced) sanctioned strength.
3.2 Ascertain any person in the surplus zone who has a lien on another post and wants to revert to that post; if so, never such person.
3.4 Adjust/dispose of persons who are in excess of the revised sanctioned strength and are not eligible for redeployment through the surplus Cell, in accordance with instructions of the Department of Personnel & Administrative Reforms contained in O.M. No.28017/1/75-Estt(D) dated 28th August, 1978 (as amended from time to time).

3.4.1 Determine the number of persons yet to be declared surplus prepare a list of junior most persons equal to such number following the reverse order of seniority.
3.4.2 If the organisation is being wound up in to-to, though in phases, declare staff surplus not in the reverse order of seniority, but strictly in accordance with the regular seniority itself.
3.5.1 Where employees are to be declared surplus out of a cadre in the reverse order of seniority, invite options from the persons higher up in the ladder of seniority, ]who would suo-moto like to be declared surplus in preference to their juniors included in the aforesaid list(vide step 3.4.1 above) for availing of the benefit of voluntary retirement or redeployment. Obtain options from staff in the proforma (Annexure-II) circulated herewith and preserve the same.
3.5.1.1 Where surplus employees are to be declared surplus in the order of seniority, senior may at their option be allowed to stay back in the organisation for being surrendered at a later stage and their juniors surrendered forthwith, making it specifically clear to them (i.e. the senior optants) that by opting to stay back they would lose in point of seniority in the new offices where their juniors would be getting redeployed earlier.
3.6 Now identify the persons due to be declared surplus.
The list thus prepared will consist of –
(a) the senior persons who have opted suo-moto for being declared surplus, and –
(b) junior-most persons required to make up the total as at paras 3.4.1 above.
(In the case of an organisation to be wound up in phases, it will consist of the senior most persons who have not opted for staying back in the organisation).

If, a permanent post required to be abolished is held by a person who is on deputation to some other post, he should be given a notice to revert to the permanent post and also informed that in the event of his choosing not to revert, he shall be left without a lion on abolition of his permanent post and will consequently not be able to his parent organisation/cadre later. In the event of reversion of such a deputationist to his parent cadre, he will be declared surplus and the junior most person officiating in the cadre will be liable to reversion/retrenchment, as the case may be.

3.7.1 Prepare a list of the persons so identified as surplus in the cadre, arranged in the prevailing order of inter-so-seniority.

3.8 Examine whether the number of Scheduled Caste Officials in the remaining cadre falls short of the percentage prescribed for their recruitment to the cadre/post in question; if so, to the extent of deficiency, the Scheduled Caste employees (if any) amongst those identified to be declared surplus, should be retained and equal number of junior most persons belonging to the general category added to the list of persons to be declared surplus.
3.9 Repeat the same process to ensure maintenance of the representation of officials belonging to the Scheduled Tribes in the continuing cadre.
3.10 While doing so, the Scheduled Caste and Scheduled Tribe officials who have suo-moto opted (vide step 3.5.1. above for being declared surplus, either to avail of the facility of voluntary retirement or redeployment, should not be held back. Barring such optants other Scheduled Caste or Scheduled Tribe employees who have to be held back to made up the deficiency in their representation in the continuing cadre, should be retained in the order of their inter-so- seniority.
3.11 Where one of the spouses working in the same organisation is declared surplus (or has already been redeployed on being so declared surplus) in the ordinary course, but the other spouse is not eligible and cannot be declared surplus in the ordinary course, including also on the basis of his/her option, there should be no objection in allowing the left-over spouse being declared surplus in preference to his/her seniors who have opted for similar treatment, provided such spouse has suo-moto opted for being transferred to the Surplus Cell on an out-of-turn basis (with all the attendant consequences of such out-of-turn transfer) and the grant of this concession does not deprive another couple of senior optant from being declared surplus. In such an event the junior-most optant already included in the list of surplus staff will be held back to make room for left-over spouse optant.
3.12.1 The names and particulars of the persons appearing in the final list of surplus employees, thus prepared, should be reported in the proforma at Annexure-III immediately to the Central Cell concerned ensuring that this is done latest by the end of 2nd month from the date of agreed recommendation for reduction of sanctioned cadre strength vide para 2.0. above. A copy each of the option (Annexure-II) received in terms of sub para 3.5.1 above should also be sent alongwith the bio-data to the Central Cell.
3.12.2 The proposal for adjustment of a surplus employee against another post available within the same Department shall be referred simultaneously to the Central (Surplus Staff) Cell for clearance.

3.13 Watch acknowledgement by the Cell of the receipt of the above material for a fortnight. Remind, if nothing heard from the cell.
3.14 If no intimation received within one month from the Cell regarding acceptability or otherwise of the staff proposed to be declared surplus for redeployment got in touch with Deputy Secretary In-charge Surplus Cell immediately, personally or by telegram, to get clearance.
3.15 On receipt of clearance from the cell, issue formal Order transferring the staff so finally identified as surplus, to a Surplus Staff Establishment which will be constituted in the Ministry/Department concerned to accommodate the surplus staff awaiting redeployment. The order should, inter-alia, indicate the names and designations of the officials declared surplus, and the specific date from which they are so declared surplus. A copy of this order should be endorsed to the Central Cell in the Department of Personnel and Training or Directorate General Employment Training, as the case may be.
3.16 The surplus officials should also simultaneously be formally informed of their transfer to the said Establishment, that their names and bio-data have been reported to the Central Cell concerned for making efforts for redeployment as per the rules and orders in force, and that the posts held by them would stand abolished as soon as they can be relieved to join another post.
3.17 The temporary posts held by the surplus employees should be transferred alongwith them to the surplus Staff Establishment.
In the case of the surplus employees holding their permanent posts, such posts, will be treated as abolished, and supernumerary posts with same designation and pay scale will be deemed as created for them simultaneously in the said Establishment.
3.18.1 The attention of the surplus employees should be also drawn to the facility of voluntary retirement available under rule 29 of the CCS (Pension) Rules, 1972, and that option for such retirement can be exercised by them within two months from the date from which they have been/are declared surplus.
3.18.2 Their attention may also be drawn to the facility of seeking premature retirement available under rules 48 and 48-A of the CCS (Pension) Rules, 1972 and under the various clauses of FR 56.
3.19 If any member of the surplus Staff Establishment applies for voluntary/premature retirement under the aforesaid rules, his request should be processed most expeditiously and a copy of the order of retirement should be invariably ordered to the Central Cell concerned so that it can discontinue further action for redeployment of the employee.
3.20 As soon as order of appointment/posting against a post for which the surplus Cell had sponsored a surplus employee, or a direction from the concerned Surplus Cell for relieving a surplus employee to join a post for which he had been sponsored by it, is received in the parent Ministry/Department, etc., the controlling/appointing authority therein should immediately relieve the surplus employee concerned with direction to report to the appropriate authority of the new organisation within the stipulated joining time and issue orders abolishing the surplus post from the date of relief of the employee. The employee concerned should not be allowed to continue in his post merely on the ground that the new appointment does not suit him. Even is the employee makes a representation for the reconsideration of his posting/re-nomination against another post, the process of relieving him from surplus post and abolishing such post should not be postpones, though his representation may be forwarded for appropriate consideration to the authorities of the Central Cell concerned. A copy of the relieving orders/order of abolition of the post should be endorsed to the Central Cell.

NOTE:-
( No surplus employee who is once relieved from the surplus Staff Establishment should be taken back on it, except with the prior concurrence of the concerned cell).
3.21 Where the Central Cell directs that a particular employee should be sent for training in any specific shall, he should be punctually relieved to report to the training agency on the date and time specified for the purpose and to undergo training regularly and diligently throughout the duration of the course.
3.22 Where in any case, a surplus employee refuses to accept the post offered to him, for which he was sponsored by the concerned Central Cell, or recommended by the Union Public Service Commission or refused to undergo training in new skills for which he is sponsored by the Central Cell as the came may be, the action for his redeployment should be treated as closed and he should be served with a notice for termination of his services under the rules applicable to him. The post held by him in the Surplus Staff Establishment should be abolished forthwith and necessary pay & allowances for the period of notice (or for the period of deficiency therein, as the case may be) paid to him, instead of prolonging his stay in the said Establishment.

Annexure- ‘B’

The name of surplus Staff
Designation ……………………….

Subject : Notice for declaring surplus.

1. The Ministry of ………………………………………wishes to inform you that consequent on an administrative decision taken by this Ministry, you have been identified for being declared surplus.
2. Your name has accordingly been referred to the Division of Retraining and Redeployment in the DOP&T for suitable redeployment.
3. You are further being informed that pending your formal redeployment by the Division of Retraining and Redeployment, you will be borne on the surplus Staff Establishment of this Ministry.
4. Your redeployment will be guided by the Provisions contained in the CCS (Redeployment of Surplus Staff) Rules, 1990, Relevant extracts from the said Rules is enclosed for perusal. In case of any clarification, you may refer to the original 1990 Rules, for surplus staff.
5. The Government has issued separate instructions on Special VRS for permanent staff declared surplus, vide OM No. 25013/6/2001-Estt. (A) dated 28th February, 2002 under which an exgratia as detailed in the scheme is payable, which shall be over and above the normal retirement entitlements under CCS (Pension Rules), 1972.
6. In the event, you as a permanent staff, decided to opt for the special VRS, then you are required to fill in your option as per the enclosed proforma and furnish the same to your controlling authority in your Ministry/Department within three months from the date you are declared surplus i.e. date of your acceptance on the Roll of the division of Retraining and Redeployment.
7. You are further advised that in the event of your not exercising an option for the special VRS, as mentioned in Para 5 & 6 above, you will be retained on the Roll of the Division of Retraining and Redeployment until your redeployment.
8. You may also note that if considered necessary, you may be nominated for a suitable course of training for certain additional skills and that during such training you shall abide by the directions of the Training authority.

Kindly acknowledge receipt of this notice.

Yours faithfully,

Name & Designation of officer in the Parent Ministry issuing this Notice.

Annexure to OM No.1/1/2002-CS.III

Dated 26th March, 2002.

APPENDIX - 1 TO ANNEXURE-B

Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
(Division of Retraining and Redeployment)

(To be filled by a permanent staff declared surplus)

Option Form for special VRS

I, Shri/Smt./Ms. Name ………………….Designation………………. hereby exercise my option for the special VRS in terms of the provisions of Department of Personnel and Training’s O.M. No.25013/6/2001-Estt.(A) dated 28th February, 2002.

Signature_______________________________

Department/Ministry _____________________

Present place of posting ___________________

Date __________________________________

Appendix – II to Annexure ‘B’

Acknowledgement
To

Shri/Smt./Ms. (Name of surplus Staff)
Designation …………………………

This is to acknowledge receipt of your option form for special VRS, dated the …………………………(mention date of filling option by surplus staff).

Dated: ………………..

Signature ………………….

Name and Designation of officer in the Ministry issuing the acknowledge.

Annexure to OM No. 1/1/2002-CS.III, dated 26th March, 2002.

EXTRACTS OF THE CCS(REDEPLOYMENT OF SURPLUS STAFF) Rules, 1990

Redeployment of surplus Staff

(1) Against vacancies in Groups ‘A’ and ‘B’ Services or posts

(i) The surplus employees recommended by the Cell will be entitled to first priority for appointment to the vacancies in Group ‘A’ and ‘B’ Services or posts filled by direct recruitment including those filled through the Commission (otherwise than on the basis of a competitive examination held by the commission), or by transfer.

Provided that they are found suitable by the Commission or other prescribed authority and no suitable disabled defence services personnel are available with them for appointment to such vacancies.

(ii) The Cell shall recommend to the Commission the name of a surplus employee who, for the time being, is borne on its rolls, for being considered for appointment to a specific post, wherein the vacancy has been notified to the Commission and to the Cell, and for appointment to which the surplus employee concerned appears to the Cell to be prima facie suitable, having regard to the scale of pay attached to the post and the one held by him, his qualifications and the relevance of his previous experience.
(iii) The Cell may recommended more than one surplus employee on its rolls for being considered for appointment to a post for which each of them seems to it to be prima-facie suitable for appointment.
(iv) The Commission may consider any surplus employee whose bio-data has been referred to it by the Cell, for appointment to a post, even if he has not been specifically recommended by the Cell for that post provided (a) the post in question carries the same scale of pay or has the same maximum of the pay scale as the one held by him (b) the surplus employee is found suitable for appointment to such post in preference to the other posts for which his candidature have been sponsored by the Cell, and (c) he does not suffer from any of the disabilities mentioned in clause (v) of this sub-rule.

(v) The Cell shall not recommend the name of a surplus employee to the commission:-

(a) if on being sponsored by the Cell he has already been recommended by the Commission for appointment to a post in a Central Government Department carrying a pay-scale not lower than his existing pay-scale.

(b) if he has joined another post in the meantime, whether on redeployment through the Cell, or otherwise, or has asked for reversion to another continuing post on which he holds a lien;

(d) if his services are terminated or he is to be retired (including premature or voluntary retirement on the basis of a notice given by the surplus employee) or discharged from service or otherwise ceases to be on the rolls of the Cell on any date before the expiry of six months from the date of his transfer to the rolls of the Cell; (e) for absorption in a post which lies outside the parameters of placement laid down in rule 5.

(vi) The commission may, in its discretion, consult the confidential reports written earlier on a surplus employee or, if necessary, call him for interview to determine his suitability for appointment to a post but shall not subject him to a written test for his purpose.

(vii) The commission may, in its discretion, relax the educational qualifications, experience etc., prescribed for recruitment to a service or post, in respect of any member of the surplus staff sponsored by the Cell for appointment to such service or post, if the surplus candidate is otherwise considered by them to be suitable for appointment to the service or post in question.

(viii) The Commission shall, as far as possible, finalise and communicate to the Cell its assessment of suitability or otherwise of a surplus employee recommended by the Cell for a post within one month from the date of receipt of such recommendation in its office.

(2) Against vacancies in Group ‘C’ and ‘D’ Services or posts.

(i) The surplus staff nominated by the Cell enjoy first priority for appointment against a vacancy, after the disabled defence services personnel.
(ii) The surplus staff sponsored by the concerned Cell for redeployment against vacancies in Group ‘C’ or Group ‘D’ Central civil Services and posts, as the case may be, shall not be subject to any tests or interviews for the purpose of appointment, unless otherwise decided by, or in consultation with, the Cell concerned.
(iii) The surplus staff shall not be ineligible for appointment in the recipient organisation on the ground that do not posses the minimum educational qualifications prescribed for the posts to which they are redeployed by the Cell expect in cases where certain minimum technical qualifications are prescribed for a particular post.

Provided that where a surplus employee is already holding an equivalent post with substantially identical duties on a regular basis, he will not be treated as unsuitable for appointment to a post, merely on grounds of not possessing the educational or technical qualifications prescribed for appointment thereto, if he has satisfactorily completed probation therein, or if he was not required to be placed on probation, his performance there in during the preceding period of not less than two years has been reported to be satisfactory.

(iv) If the Cell in the Department of Personnel and Training, on review of the vacancies reported to it, comes to the conclusion that it may not be possible, so far as eligible with prior intimation to the Cell in the Directorate General, Employment & Training, nominate a Group ‘C’ surplus employee for appointment to a vacancy in a Group ‘D’ Service or post and in that case, these rules shall apply to such nomination, as are applicable to the nomination of a Group ‘D’ surplus employee made by the Cell in the said directorate General:

Provided that where nominations are made by the Department of Personnel & Training as well as by the Directorate General, Employment and Training for the same vacancy, the recipient organisation shall act upon the nomination received by it first and shall inform the other organisation to divert its nomination elsewhere.

(3) Redeployment of surplus officiating employees :

(a) an employee, who is officiating in a post declared surplus, shall be eligible for redeployment to a post as per clause (I) of sub-rule (1) of rule 5, provided that, -

(i) he was appointed to such post through the regular process of promotion or transfer and there was, in the ordinary course, no prospect of his reversion from it within a period of six months from the date from which he is declared surplus.
(ii) he does not suo-muto, opt for being reverted to a post on which he holds a lien; and
(iii) he is not due for superannuation, and has not asked for being allowed to retire under the rules applicable to him from a date within the aforesaid period of six months.

(b) A surplus officiating employee shall revert to the post on which he holds a lien, whether administrative or substantive (unless such post has already been abolished or declared surplus), at the expiry of a period of six months from the date from which he was declared surplus, if no placement in an appropriate post can be arranged for him within such prior or he refuses to accept the placement arranged for him, or fails to join such placement within the joining time allowed by the authority under whom such placement is located.
(c) The provisions of clause (a) and (b) above shall not be applicable to the case of an employee who has satisfactorily completed his probation in the post held by him or was, under any general or special orders of the competent authority, exempt from being placed on probation on such officiating appointment.

5. Determination of Placement : (1) (I) As far as possible, a surplus employee shall, subject to his suitability, be redeployed in a post carrying a pay-scale matching his current pay scale.

(ii) For the purpose of clause (I) a matching pay-scale mean a pay-scale the maximum of which is equal to that of the pay-scale of surplus employee, and the minimum of which is not higher than the basic pay (including the stagnation pay) which the surplus employee is in receipt of at the time of making his nomination.

(2) Where a suitable vacancy in a post carrying matching scale of pay is not available, the surplus employee may be redeployed in a post carrying a non-matching pay scale;

Provided that –

(i) the maximum of the pay scale of such post does not exceed the maximum of the pay-scale of the surplus employee by more than 10 percent; and
(ii) such post is not lower than the post which forms, or would ordinary form, the next lower rung in the promotional ladder from the incumbents of the post of the level currently held by the surplus employee;

Provided, further, that –

(i) a surplus employee who is sponsored or nominated against a post carrying a pay scale with a higher maximum, in terms of clause (I) of the first proviso above should either have the qualifications, as prescribed for appointment to the post by direct recruitment or by transfer, or should have been successfully performing in his parent department the duties attached to such post ; and
(ii) when redeployed in a post carrying a lower scale of pay, the surplus employee shall be permitted to carry his current pay-scale alongwith him to the next post but this benefit shall not be extended where, despite availability of a post in a matching or a higher pay-scale, a person is redeployed in a post carrying a lower pay-scale at his own request.

6. Readjustment of Redeployed Surplus Staff ;

(1) A surplus employee who has already been redeployed shall not be eligible to seek readjustment, except in the following cases;

(a) when redeployed, otherwise than at his own request ;

(i) in a post carrying a pay-scale lower than the pay-scale on which he was borne at the time of being declared surplus ; or
(ii) in a post carrying a lower classification than that of the post held by him at the time of being declared surplus ; or
(iii) in the case of an employee whole maximum of pay-scale, as per the Central Civil Services (Revised Pay) Rules, 1986 did not exceed Rs. 2900/- in a State other than the States) in which he had requested for his placement to be arranged while awaiting redeployment and, in the absence of such request, the State in which he was posted at the time of being declared surplus;

Provided that he is not, in the ordinary course, eligible to seek inter-departmental transfer to such State (s) of choice or posting, as the case may be ;

Provided further , that he does not fail under category which have “All India Transfer Liability”.

(b) If his case fails into any other class of cases, as may be specified by the Central Government by an order as being for seeking readjustment under these rules.

(2) A redeployed employee, who in terms of sub-rule (1) is eligible to seek readjustment shall exercise an option in favour of such readjustment in the form given in the Appendix and shall transmit the same to the Department of Personnel and Training (Surplus Cell) or – in the case of Group ‘D’ employees – to the Directorate General of Employment and Training, New Delhi, through his head of office within two months from the date of joining the post in which he has, for the time being, been redeployed.

(3) In the even of the option being found acceptable, the existing redeployment of the employee shall be treated as provisional and the employee concerned shall, not with standing anything to the contrary contained in the definition of the terms ‘Surplus Staff’, be treated notionally to be a surplus employee awaiting final redeployment.

(4) The readjustment shall be subject to the following further conditions :-

(a) The surplus employee shall have no claim to count his past service, including that rendered in the post of his provisional redeployment, towards fixation of seniority in the post in which he is readjusted.
(b) The action for readjustment shall be treated as concluded :-

(i) on the expiry of six months (excluding the period of suspension/disciplinary proceedings, if any) from the date on which the option for readjustment is exercised : or
(ii) on such earlier date on which an order of appointment to a post carrying a matching scale of pay and/or equivalent classification in respect of those covered by sub-causes (I) and (ii) of clause (a) sub-rule (1) above, and in the appropriate State, in respect of those covered by sub-clause (iii) thereof, is made to the employee : or
(iii) if the employee withdraws option for readjustment or tenders resignation or gives notice for voluntary retirement or retires or otherwise ceases to be in service ; and
(iv) in the case of an employee who is placed under suspension or becomes the subject of disciplinary proceedings against him, during the period of such suspension or currency of disciplinary proceedings, as the case may be;

(c) Readjustment shall be only against a vacancy available in a Central Ministry, Department or subordinate office and reported to the concerned Cell.
(d) A surplus employee already redeployed in a post carrying a higher pay scale may be readjusted in a post carrying a pay-scale matching his original pay-scale and shall have no claim for being readjusted in a post carrying such higher pay-scale nor shall he be entitled to protection of such higher pay-scale in the new post.
(e) A surplus employee redeployed in a post carrying a lower pay-scale who seeks readjustment under sub-clause (I) or sub-clause (ii) of clause (a) of sub-rule (1) above shall be eligible for protection of status in terms of Department of Personnel and AR’s O.M. No. 1/15/84-CS.III dated 3.9.1984, if finally also he is readjusted in a post carrying a lower classification but shall not be eligible to seek further readjustment on that account.
(f) The surplus employees awaiting initial redeployment shall have prior claim to adjustment against the vacancies reported by the Ministries/Departments/Offices to the Department of Personnel & Training of the directorate General of Employment and Training, as the case may be, and the possibilities of adjust may of the provisionally redeployed employees shall be explored against the remaining reported vacancies which have not already been permitted to be filed through the normal channel of requirement.
.
(g) No request for adjournment in a particular district or town of department or post shall be entertained.

(5) The appointment of an employee by way of readjustment in terms of these rules shall be treated as appointment by transfer in public interest for the purposes of grant of transfer Travelling allowances, joining time and joining time pay.
(6) The benefits of protection of permanent status and of past service shall be admissible to an employee on readjustment under these rules, on the same terms, as to a surplus employee on his redeployment.

(7) The acceptance of the option of an employee for readjustment shall not per se confer any immunity upon him from undergoing any training, passing any department test or performing any duties as may be required of him by the rules applicable to the post held by him, or under the order of the competent authority, in the office of provisional redeployment.

(8) Age Limit : The upper age limit shall not apply in the case of surplus
employee appointed under these rules.

(9) Medical Examination :- the surplus staff redeployed by the Cell shall not be required to undergo fresh medical examination unless different medical standards have been prescribed for the post in the recipient organisation or unless the person concerned had not been medically examined in respect of his previous post or, if examined, had been declared medically unit.
(10) Fixation of Pay & Seniority, counting of Previous Service for Various Other Purposes and Carrying Over of Lien/Classification : The fixation of seniority and pay of the surplus employee and counting of his previous service for various other purposes and carrying over of lien/classification in the new post to which he is appointed on redeployment under these rules shall be regulated in accordance with the instructions issued from time to time by the Government of India in this behalf.

(11) Impacting of Training to surplus Staff in Certain Cases : (1) If the authority in charge of a Cell is of the opinion that a surplus employee can not be usefully redeployed unless he is given training in certain additional skills, if nominate him to a suitable course of training.

(2) During the period of training the employee shall continue to be borne on the Surplus Staff Establishment of his perent organisation and shall be paid pay and allowances at the rates already admissible to him.
(3) During training the surplus employee shall abide by the directions of the training authority, including those for his staying in hostel in the case of a residential course.
(4) Notwithstanding that a surplus employee is on training, the Cell may nominate him or sponsor his candidature for any suitable post and on receipt of offer or order of appointment, he may, at any, stage during the course, be relieved to join the post.
(5) In the event of refusal to join the training course or failure to join the same, without providing proper justification therefore, action shall be taken to abolish his surplus post forthwith.

Annexure – ‘C’

PROFORMA

Option for being declared surplus
and being transferred to the Surplus
Staff Establishment

I,(Shri/Smt./Sushri) ……………………………………………
serving as ………………………………….in the office of the………………………………………………………………………………….do hereby volunteer ……….for being declared surplus and transferred to the surplus staff Establishment in preference to my junior, in accordance with the provisions of the Revised Scheme for disposal of Surplus Staff. I understand that my transfer to the Surplus Staff Establishment is subject to all the attendant consequences of such transfer under the said scheme and rules/orders issued under it.

(Caution:- A surplus employee who refuses or fails to join the redeployment arranged for him, including in a post carrying a lower scale of pay or a lower classification may be (if admissible). If he holds lion on a lower continuing, permanent post in his parent organisation, he will be reverted to such post on the expiry of the period of six months from the date from which he was declared surplus or refuse to accept or fails, to join the post/training course arranged for him, whichever is earlier.

Signature _________________________

Name ___________________________

Designation ______________________

Place__________________________

Date _________________________

(F.No.1/18/88-CS-III)
Dated : 1.4.1989

ANNEXURE – ‘D’

PROFORMA

Name & Address of the Office from :
which the Staff has been rendered
surplus.

Bio-data of the surplus employee (as on
the date of transfer to the Surplus Cell)

1. Name (as recorded in his
Service Book) :

2. Date of Birth :

3. Date of Superannuation :

4. (a) Whether belongs to
Scheduled Castes/Scheduled
Tribes/OBC/Ex-Serviceman, or is:
physically handicapped

5. Designation :

6. Place at which posted :

7. State/UT in which posted :

8. Scale of pay :

9. Pay :

10. Class of post last held : Gazetted/Non-Gazetted/Tech./Non-Tech.
Group ‘A’/’B’/’C’/’D’

11. Whether appointment to the post held was :
**
(a) on permanent basis
(b) on regular officiating basis
(c) on regular temporary basis
(d) on short terms ad-hoc basis

12. Appointing authority of the post last held :

(A) Name & Address of the Financial
Adviser/Controller of Accounts :

13. Details of service rendered &
experience gained till being
declared surplus :

(i)	(ii)	(iii)	(iv)
Office Organisation	Designation of post held & its scale of pay	Length of Service rendered	Duties (in brief)

(F.No.1/18/88-CS.III, Dated

1.4.1989)

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14. Educational &other qualifications:-
(Information only in respect of examinations passed and certificates/Diploma recognized by Central Govt. to be furnished)

Examination passed	Year in which passed	School/Board/University etc from which passed	Subjects studied	Division/Class/Percentrage of marks obtained

15. Date from which declared/proposed to be declared surplus.

16. whether the employee is being declared
surplus in the reverse order of seniority
or on his option. In the latter case, and
is option in the proforma at Annexure-II
duly authenticated by Head of Office.

17. (a) Whether permanent/quasi-pmt./Temporary.
(b) If permanent/quasi permanent, the name
of the post in which declared permanent/
quasi-permanent.
(c) Designation and status (Present pay
scale) of the authority that appointment
him in permanent/quasi-permanent capacity.
(d) In the case of officiating employees
the particulars of the post in which
substantive administrative lien held
and the office/cadre/service in which
such post is located.
(e) In the case of regular temporary
employee indicate whether the
probation has been successfully
completed and if so, why the official
has not been confirmed.

18. Whether any vigilance case/disciplinary
proceeding are pending or contemplated
against the individual if so grounds thereof.

19. Whether the employee was medically examined
at time of his entry into service; if so, the
status of the medical authority and the
last for which ground fit.

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Whether the employee’s character &
antecedents were got verified. (If anything
adverse was reported against him please
furnish details).

Whether the employee has opted for
voluntary retirement (if eligible) under
rule 29 0r 48 or 48-A of the CCS
(Pension Rules) 1972, or the relevant
clause of FR 56 on any other rule
applicable to him if so :

(i) the rule under which applied :

(ii)the date of application :

(iii)the date from which retirement sought :

(iv)Comments on admissible admissibility of the request :

Remarks :-

Certification:-

Certified that (a) the employee mentioned above was recruited through the prescribed channels (e.g. Employment Exchange, advertisement through newspapers, etc.) , and
(b)Satisfied the qualifications prescribed in the Recruitment Rules for the post
last held by him.

the employee mentioned above was recruited by relaxation of a prescribed mode of recruitment/qualifications for the post last held with the approval of the competent authority.

Certified that (i) the particulars furnished above have been verified from the relevant records and are correct.

*(ii) I have been authorized by the Head of the Department to sign this proforma under the office order No. ___________________________________ dated ______________.

Place :

Date:

Signature of the Head of Department
or other authorised officer
(Name & Designation with Stamp)

Phone No. :

Telegraphic address (if any) :

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Note: 1. If the employee has attended any special training/vocational courses, or has written articles, books, etc., or has done any literary/research work the details thereof may be furnished in a separate sheet.

2. If appointment to the post last held required holding of a statutory license (e.g. in case of Motor Vehicle Drivers, Cinema Operators, Pharmacists, etc., furnish a copy thereof.

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

· To be furnished when the proforma is signed by an Officer below the rank of an Under Secretary to the Govt. of India.

ANNEXURE – ‘E’

QUARTERLY RETURN ON SPECIAL VRS TO BE FUNISHED BY MINISTRIES/DEPARTMENTS TO THE DIVISION OF RETRAINING AND REDEPLOYMENT IN THE DEPARTMENT OF FERSONNEL AND TRAINING.

Statement for Quarter ending ……………………..

1. Name of the Ministry/Department :
2. Total number of staff declared surplus :

(i) During the Quarter (Groupwise)

Group ‘A’	Group ‘B’	Group ‘C’	Group ‘D’	Total

ii)Cumulative (Groupwise)

Group ‘A’	Group ‘B’	Group ‘C’	Group ‘D’	Total

3. Total number of permanent staff opted for special VRS:
i) During the quarter :

Group ‘A’	Group ‘B’	Group ‘C’	Group ‘D’	Total

ii) Cumulative till the end of the quarter :

Group ‘A’	Group ‘B’	Group ‘C’	Group ‘D’	Total

Individual Detail of permanent staff declared surplus and opted for special VRS:

Annexure to OM No. 1/1/2002-CS.II I, Dt. 26th March, 2002.

1	2	3	4	5	6	7
Sl. No.	Name/Designation and date of birth	Pay-scale/Group (A,B,C or D)	Length of qualifying service (in years & days)	Date from which declared surplus	Date of submission of option for Special VRS by staff	Date of acceptance/effective date of retirement under special VRS