The proposals for creation of temporary posts were originally
initiated by the Department of Expenditures. Before the D/O Expenditures we
placed the following instructions for considerations;
1. As per G.I.MF.OMNO.A-11019/6/76-EGI, dated 24.03.76, the
administrative departments may , if they are satisfied that the temporary
posts are required for work of a permanent nature, convert with the approval of
the respective internal FA, 90% of such posts up to the level of Deputy
Secretary in to permanent ones provided they have been in existence for a
continuous period of not less than 3 years. The conversion of temporary posts
in to permanent ones should take effect , as usual from the date of issue of
the orders conveying the specific sanction to audit for such conversion of
posts. The departments are required to ensure that prompt action is taken for
conversion of temporary posts into permanent ones and the confirmation of
eligible employees in such posts should be done as expeditiously as possible. If
two main conditions, namely (1) that the posts should be required for work of a
permanent nature and (2) that the posts should have been in existence for a
continuous period of not less than 3 years on the date of review are fulfilled,
there is no objection to the sme temporary posts being considered for
conversion in to permanent ones at successive reviews in departments. In order
that the annual reviews are not delayed, the departments may lay down an
adequate drill for monitoring purposes.
2. As per GID , below rule 42 ,General Financial Rules , 1963-
orders sanctioning the creation of a
temporary post should , in addition to the sanctioned duration of the temporary post, invariably
specify the date from which it is created , whether it be the date of entertainment or otherwise.
The administrative departments are authorized to issue order for continuance of temporary posts beyond the
specified period .
3. Regulation 4 to UPSC ( EFC) Regulations interalia provides that it is
not necessary to consult the UPSC in regard to the selection for a temporary
post if the person appointed is not likely to hold the post for a period of more than one year provided such
an appointment should be reported to UPSC as soon as it is made, if the appointment continues beyond a period of
six months, a fresh estimate as to the period for which the person appointed is
likely to hold the post should be made and reported to the UPSC , and if such estimate indicates that the person appointed is likely to
hold the post for a period of more than one year from the date of appointment ,
the UPSC should immediately be consulted in regard to the filling of the post.
GI.MHA.OM. NO 23/27/68-
ESST(R) dated 26.12.68 read with DOPT.OM NO.23/51/71- ESST(B) dated
25.09.72 interalia provides that there is no provision for approval by UPSC for
any appointment initially made without consulting them . The objective behind
reporting of adhoc appointments to UPSC under regulation 4 is not to secure
their concurrence to continuance of adhoc appointment beyond one year but to
enable the UPSC to discharge their Constitutional responsibility to bring to
the notice of Parliament. Therefore consultation of UPSC is not required to
fill up such temporary posts by granting adhoc pomotions for six months.
4. An officer appointed
to JTS grade, if he completes 4 years will be granted STS grade.
5. All such temporary posts are required to be filled up from the
cadre of Superintendent only to remove stagnation.
Our above submissions
were fully accepted by D/O Expenditures, but surprisingly in para 4 of F.NoA.11019/08/2013-Ad.IV dated 18 12.13 it is interalia mentioned that - “The promotions against these vacancies shall not entail
further promotion to any level beyond JTS”- But
actually whenever any JTS posts are created it is mandatory to create equal nos of STS posts also, because from JTS to STS promotions are being granted on time bound
manner, this has also been up held by CAT , Chennai in the case of IRS ( promotee) officers Association vrs. UOI,
therefore the words “The promotions against these vacancies shall not entail
further promotion to any level beyond JTS” are required to be deleted. It is
also very surprising that the Secretary ( Revenue) has directed to conduct DPC
to grant promotions against such
temporary posts on adhoc basis duly consulting UPSC in 13.2.1 ratio ignoring the submissions made by us..
