Compendium of instructions for Creation, Revival, Continuation and Transfer of posts: Department of Expenditure OM dated 12.04.2017

Compendium of instructions for Creation, Revival, Continuation and Transfer of posts: Department of Expenditure, Fin Min OM dated 12.04.2017

Government of India
Ministry of Finance
Department of Expenditure
E-Coord-I Branch

Sub: Uploading of Compendium of instructions.

Please find enclosed a copy of QM. dated 12th April, 2017 regarding Compendium of instructions for creation, revival, continuation and transfer of posts as approved by competent authority for issuing Secretaries and FAs of all the Ministries/Departments.

2. It is requested that the same may be uploaded in the Department of Expenditure’s Website.

(Sobeer Singh)
US(E.C.I)
13.04.2017

Encl: As above.

No. 7(1)/E.Coord-1/2017
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated, 12th April , 2017

OFFICE MEMORANDUM

Subject: Compendium of instructions for Creation, Revival, Continuation and Transfer of posts.

This Department has issued instructions related to creation, deemed abolition, revival and continuation of posts from time to time. Therefore, in supersession of all previous instructions/ orders regarding creation, continuation, transfer and revival of posts, it has been decided, with the approval of Competent Authority, to issue a compendium of instructions covering all the aspects relating to these issues.

2.1 These instructions shall apply to creation/continuation/revival of posts in all Ministries/ Departments, their Attached offices, Subordinate offices, Statutory bodies etc.

2.2 Proposal for creation/revival/continuation/supernumerary posts should be routed through I F D of concerned Ministry.

2.3 These instructions are not applicable to CPSEs, which may follow the instructions issued by Department of Public Enterprises in this regard.

2.4 Instructions in respect of Autonomous Bodies will be issued separately.

3.1 Creation of Posts:

1. All powers with respect to creation of posts delegated under DFPRs stands withdrawn and only Finance Minister (for below JS level posts) and Cabinet (for J S and above level posts) would be the Competent Authority for creation of posts.
2. For creation of posts at 18 and above levels, only ‘Cabinet’ and no other ‘Standing Committee’ is competent, except in respect of requirements relating to national security.
3. Approval of this Department is not required for creation of Statutory posts. Only those posts may be considered as Statutory, whose name and level/ pay scale have been specifically provided in an Act of Parliament (only post mentioned in Statute, not support staff).
4. Proposals for creation of posts may be referred to Department of Expenditure through respective lFD with the approval of Secretary and Minister in-charge of the concerned administrative Ministry.
5. The proposals for creation of posts may be submitted on file, along with the prescribed checklist issued by this Department (Annexure -l). Separate checklist may be prepared for each category of post. Proposals received without proper checklist would not be considered and returned.
6. Specific exemptions for creation of posts granted to any Ministry/ Department by this Department will however continue.

3.2 The level of approval for creation of posts is summarized in the following tables:

For Ministries/ Departments, Attached offices, Subordinate offices, Statutory bodies etc.

4.1 Supernumerary Posts:

The following principles should be observed while creating supernumerary posts:

1. The supernumerary posts are created for the purpose of accommodating the lien of a Government servant who, though entitled to hold a lien against the regular post, cannot be so accommodated because of non-availability of such a post.
2. The supernumerary post is a shadow post, i.e. no duties are attached to such a post. The supernumerary post is created for a definite and fixed period. Since, a supernumerary post is created for accommodating an officer till he is absorbed in a regular post, it should not be created for an indefinite period.
3. The supernumerary post is personal to the officer for whom it is created and no other officer can be appointed against such a post. It stands abolished as soon as the officer for whom it was created vacates it on account of retirement or is accommodated in another regular post. In other words, no officiating arrangements can be made against such a post.
4. Administrative authorities should maintain a record of the supernumerary posts, the particulars of the individuals who hold liens against them and the progressive abolition of such posts as and when the holder of the posts retire or are absorbed in regular permanent posts, for the purpose of verification of service for pension.

5.1 Deemed Abolition & Revival of posts:

1. All posts, except newly created posts, kept in abeyance or remaining vacant for a period of more than 2 years in any Ministry/ Department/ Attached office/Subordinate office/ Statutory body, would be considered as ‘deemed abolished’ unless an exemption has been given at the time of sanctioning the post.
2. A post falling into the category of ‘deemed abolished’ cannot be filled up prior to obtaining its ‘revival’ from Department of Expenditure.
3. Statutory posts, the name and level/ pay scale of which is specifically provided for in an Act of Parliament, are exempted from falling in the category of ‘deemed abolished’ on remaining vacant for a period of more than 2 years. Only the posts mentioned in Statute may be considered Statutory, not their support staff.
4. Newly created posts (posts which have been sanctioned recently by Department of Expenditure/ Cabinet). which do not have RRs would fall under the category of ‘deemed abolished’ after a period of 3 years from the date of creation unless it is clarified that this relaxation would not be applicable to those newly created posts which have existing RRs.
5. Revival of posts would be considered in rare and unavoidable circumstances only.
6. Proposals for revival of posts may be referred to this Department on file, along with the prescribed checklist issued by this Department (Annexure – II). Separate checklist may be prepared for each post. Proposals received without proper checklist would not be considered.

5.2 All Ministries/ Departments may submit to this Department, within 3 months, an Action Taken Report regarding abolition of posts which are vacant for more than 5 years in the Ministry/ Department and organizations under their administrative control. Further, while referring any proposal for creation/ revival of posts to this Department, Ministries/Departments may enclose a Certificate that all posts under their administrative control, vacant for more than 5 years on the date of referring the proposal, have been abolished.

The conditions for deemed abolition are provided in the following table:

6.1 Continuation of Posts:

Continuation of posts would be considered subject to continuation of the scheme/project for which the posts were initially sanctioned. For above JS level posts, Department of Expenditure would examine and put up the proposal for approval of Secretary (Exp.), Secretary (DoPT) and Cabinet Secretary. In the case of continuation of Secretary level post, approval of Prime Minister may be obtained by the concerned Ministry/ Department alter the approval of Cabinet Secretary.

6.2 Competent Authority for continuation of posts is as follows:

7. Transfer of Posts:

A post sanctioned for a specific purpose in an organization may not be diverted for another purpose at the same or different station. Cases of transfer/ diversion/ adjustment of posts would amount to creation of new post with simultaneous abolition of existing post and prior approval of Department of Expenditure is required for the same.

8. This issues with the approval of Finance Minister.

(Renu Sarin)
Deputy Secretary(E.C.I)