Chapter 35

DEPUTATION (SHORT TERM CONTRACT)/ ABSORPTION

TERMS OF ABSORPTION AND DEPUTATION

35.1 The Recruitment Rules for a number of posts provide for appointment by
Deputation (including Short Term Contract) and Absorption. “Absorption” and
“deputation” are not synonymous and there is a substantial difference
between “absorption” and “deputation”. Under the provision “Absorption”, the
officer who will come, may be permanently absorbed in the post / grade. Such
an “absorption” can be effected only in the “case of officers from the Central /
State Government. Under “deputation including short-term contract”, an officer
from outside can come for a limited period, by the end of which will have to
revert to his parent cadre. Under Deputation or Absorption, suitable officers
having the requisite qualifications and experience working in other Central
Government Departments or State Governments are considered for
appointment. “Short-term contract” is also a form of deputation and this
applies to officers from non-Government bodies, e.g. Autonomous
organizations, Statutory bodies, Universities, recognized Research
Institutions, Public Undertakings, etc. for teaching, research, scientific and
technical posts. The words ‘Transfer’ and ‘Transfer on deputation’ has been
replaced with ‘Absorption’ and ‘Deputation’ respectively.

DOP&T OM No. AB.14017/2/97-Estt (RR) dated 25.5.1998.

35.2. In cases where the field of promotion or feeder grade consists of only
one post, the method of recruitment by “deputation (including short-term
contract) / promotion” is prescribed so that the eligible departmental officer is
considered along with outsiders. If the departmental candidate is selected for
appointment to the post; it is to be treated as having been filled by promotion;
otherwise, the post is to be filled by deputation / short-term contract for the
prescribed period of deputation / short-term contract at the end of which the
departmental officer will again be afforded an opportunity to be considered for
appointment to the post.

35.3.1 While providing for deputation (including short term contract)/

Absorption as a method of recruitment in the Recruitment Rules, the sources
of recruitment (Central Government, State Government, Public Sector
Undertakings etc.) and the categories and levels of officers (including pay
band and grade pay) eligible for consideration including conditions of eligibility
(i.e., number of years of service in a particular grade/pay band and grade pay)
and the qualifications and experience required, if any, should be clearly
specified in the recruitment rules.

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35.3.2 The period of deputation/short term contract should also be clearly
indicated in the following standard form:-
“Period of deputation/short term contract including the period of
deputation/short term contract in another ex-cadre post held immediately
preceding this appointment in the same or some other
organization/Department of the Central Government shall ordinarily not
exceed……..years”.
OM No.AB-14017/71/89-Estt (RR) dated 3.10.1989

35.3.3 The maximum age limit for appointment by deputation (including short
term contract) and absorption shall be not exceeding 56 years as on the
closing date of receipt of applications by the UPSC or the Ministry/
Department/Office as the case may be.
No. AB-14017/48/92-Estt.(RR) dated 17.11.1992

35.4. PROCEDURE TO BE FOLLOWED FOR APPOINTMENT BY

DEPUTATION/ABSORPTION:-

35.4.1. An accurate assessment of the vacancies to be filled by the above

methods should be made sufficiently in advance so that the
Ministries/Department will be able to follow the prescribed procedures
properly.

35.4.2. Wherever the recruitment rules prescribe different sources of

recruitment and where various categories of officers are eligible for being
considered, the circulation of vacancies will be considered proper only where
the Ministry concerned ensures that all such categories are tapped
simultaneously. In other words, the Departments should not confine
circulation of the vacancies to only one or two sources mentioned in the
Recruitment Rules.

35.4.3. As a corollary to above para, wherever employees of the public sector

undertakings/autonomous bodies and non-secretariat Offices are also eligible
under the Recruitment Rules, the Administrative Ministry concerned should
specifically request the Departments to circulate the vacancy to all such
Organizations with whom they are concerned so that the requirements of the
Recruitment Rules are duly met.

35.4.4. The vacancy circular should invariably be published in the

“Employment News”.

35.4.5. The minimum time allowed for receipt of nominations should be two
months. If in a few cases where there are compelling reasons to fill up the
vacancy on urgent basis, a shorter time limit, which should not be less than
six weeks, may be prescribed with the approval of the Joint Secretary
concerned.

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35.4.6. All the salient features of the vacancy circular (e.g.,) qualifications and
experience, officers eligible, last date for receipt of nominations as prescribed
by the originating Department should invariably be published in the
“Employment News”. The various Ministries/Departments etc. may ensure
that while releasing vacancy circulars and publishing the vacancies in the
Employment News, a brief description of the duties attached to the post in
question is invariably incorporated.
No. AB-14017/59/2007-Estt.(RR) dated 29.8.2007

35.4.7. The circular should be addressed to all the agencies or sources of

selection specified in the Recruitment Rules. As a proof of having complied
with this instruction, the Departments, should, while making a reference to the
UPSC for selection, render a certificate to the Commission that the vacancy
circular has been dispatched to all the agencies prescribed in the rules.

35.4.8. While calling for applications for appointment on deputation/absorption

basis, the Ministries/Departments may call for the bio-data of the candidates
in the prescribed proforma.

DOP&T OM No. AB. 14017/10/2000-Estt.(RR) dated 29.08.2005.

35.4.9. After circulation of the post, the proposal should be sent to the UPSC
as early as possible and in any case within three months from the closing date
for receipt of applications in the prescribed proforma. Further, the details of
the applicants, both eligible and ineligible alongwith the Department’s
comments on their eligibility or otherwise should also be furnished in the
prescribed proforma.

35. 4.10. In the vacancy circular, it should be specifically mentioned that the
candidates who apply for the post will not be allowed to withdraw their
candidature subsequently.

35.5. CRUCIAL DATE FOR DETERMINING ELIGIBILITY

Where a post is required to be filled by Deputation (including Short

Term Contract)/ Absorption, it is normally laid down in the recruitment rules
that officers holding posts in a particular scale of pay who have completed
specified years of regular service in the scale are eligible to be considered.
The crucial date for determination of eligibility will be as follows:-

In the case of a vacancy already existing at the time of issue of the

communication inviting nominations, the eligibility may be determined with
reference to the last date prescribed for receipt of nominations in the Ministry/
Department/ Organization responsible for making appointment to the post i.e.
originating Ministry etc.
In the case where a vacancy is anticipated, the crucial date for
determining eligibility should be the date on which the vacancy is expected to
arise.

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35.6. ELIGIBILITY OF DEPARTMENTAL OFFICERS FOR APPOINTMENT
ON DEPUTATION:

In a situation where the field of promotion consists of only one post, the
method of recruitment by Deputation (including Short Term Contract)/
Promotion is prescribed so that the departmental officer is considered along
with outsiders. If the departmental officer is selected for appointment of the
post, it is treated as having been filled by promotion. Otherwise, the post is
filled by Deputation (including Short Term Contract) for the prescribed period.
In other cases, where the field of promotion is adequate i.e. there are
adequate number of sanctioned posts in the feeder grade, promotion is
provided as the first method or certain percentage of vacancies is earmarked
for Promotion and certain percentage for appointment by Deputation or Direct
Recruitment. In such cases, departmental officers in the feeder grade are
considered for promotion when they are fully qualified for discharging the
responsibilities of the higher post and satisfy the eligibility criteria. If the
departmental officer is not considered eligible or fit for promotion, it will not be
proper to consider him again for appointment by deputation. Deputation is
actually an appointment outside the normal line. It has, therefore, been
decided that the departmental officer in the feeder category who, according to
the provisions in the notified recruitment rules, are in direct line of promotion
should not be considered for appointment by deputation. Similarly, the
deputationists shall not be eligible for being considered for appointment by
promotion.

35.7. APPOINTMENT OF AN OFFICER ON ABSORPTION BASIS.

35.7.1 Recruitment Rules for some posts prescribe inter-alia ‘Absorption’ as a

mode of recruitment. ‘Absorption’ means permanent absorption in the post.
Consultation with the UPSC is necessary in all cases of appointment by
‘Absorption’ to Group ‘A’ and Group ‘B’ posts. With a view to having a uniform
approach and to enable the UPSC to consider proposals for absorption by
‘Absorption’ expeditiously, the following guidelines are laid down.

35.7.2 Cases of absorption fall into two categories viz.

Where Recruitment rules provide for appointment by

Deputation/Absorption and the proposal is only to absorb an officer already
selected on deputation.

Where Recruitment Rules provide for Deputation only at the time of initial
selection of the officer concerned, but have been amended subsequently to
include Absorption.

35.7.3 So far as the first category is concerned, the Commission will consider
the proposals for absorption where the following conditions are fulfilled:-

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 The initial selection on deputation basis should have been made
in consultation with the commission.

The administrative Department should certify that there is no

other deputationist in position appointed earlier to the officer now
proposed for absorption, and in case there is any such person, he is
not willing to be considered for appointment on Absorption basis.

The person concerned and the lending authority have given their
willingness for such permanent absorption.

The original circular letter calling for nomination for deputation

should have clearly mentioned the possibility of permanent absorption
(i.e. Absorption).

35.7.4 In the second category of cases, i.e., where ‘Absorption’ has been
provided in the Rules subsequent to the selection of a person on Deputation,
the Ministries/Departments should re-circulate the post, clearly indicating
‘Absorption’ as a mode of recruitment and then only make a reference to the
Commission. Such circulation will also be necessary in the other category of
cases if the original circular letter calling for nomination for deputation did not
clearly mention the possibility of permanent absorption vide (iv) above.

***

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 Chapter 36

ABSORPTION IN CENTRAL PSUs/ AUTONOMOUS BODIES

36.1 Ministry of Finance (Bureau of Public Enterprises) issued instructions

vide OM No.5(25)73 BPE (PESB) dated 6.3.1985 to the effect that save in
the exceptional cases mentioned therein, deputation of Central
Government servants to the Central Public Enterprises would not be
allowed and the officers could join the enterprises only on immediate
absorption basis.

36.2.1 The appointment of Government servants in the Central public

enterprises is regulated as per the terms and conditions issued vide DOPT
OM No.28016/5/85-Estt. (c) dated 31.1.1986.

36.2.2 Deputation of Central Govt. servants to the Central autonomous

bodies is not allowed and the officers can join the autonomous bodies only
on absorption basis.
DOP&PW OM No.4/12/85-P&PW dated 31.3.87
36.2.3 Subsequently, instructions were issued providing for relaxation of
the rule of immediate absorption in respect of certain categories of posts in
autonomous bodies. Consolidated instructions superseding all earlier
orders on the subject were issued .
DOP&PW OM No.4/78/06-P&PW(D) dated 31.10.07.

36.3.1 The criteria for exemption of any particular category of posts from
the Rule of immediate absorption should be non-availability of suitable
persons for particular posts. The procedure to be followed pursuant to
these guidelines will be that each Autonomous body should seek
exemption from the general rule of immediate absorption in respect of any
particular post or posts or in respect of the organization as a whole, the
proposal should be made by the Autonomous body to the administrative
Department concerned along with details for each post in proforma
enclosed with the OM dated 31.10.2007. In the administrative Department
the proposals may be scrutinized in accordance with the guidelines and
only such proposals which have the approval of the Secretary of the
administrative Department concerned may be referred to the Department
of Pension and Pensioners Welfare, indicating the full justification for
granting such exemption. After a post or categories of posts is so
exempted the Autonomous body/Administrative Ministry concerned shall
be competent to take decision in individual cases.

36.3.2 Exemption is generally permitted in respect of following categories

of posts in Central Autonomous bodies:

Posts requiring specialized personnel in connection with scientific

research or development of technology.
Posts in executive or senior management level i.e. post carrying a
pay scale of not less than (Rs.12000-375-16500) in CAB having

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very close inter-action with policies and programmes of the
Government.
Posts where the nature of the work requires employment of
Government officers for security reasons or vigilance purposes.
Posts in newly established/temporary organizations (upto a period
of 5 years from the date of establishment).
Posts limited in number particularly in specialized fields where
creation of a regular cadre is not feasible.
The number of posts to be exempted may be decided in each CAB
on a case to case basis.

***

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 Chapter 37

LIEN AND TECHNICAL RESIGNATION

37.1 LIEN

37.1.2 Lien represents the right/title of a Government employee to hold a regular

post, whether permanent or temporary, either immediately or on the termination of
the period of absence. The benefits of having a lien in a post/service/cadre is
enjoyed by all officers who are confirmed in the post/service/cadre of entry or who
have been promoted to a higher post declared as having completed the probation
where it is prescribed, or those who have been promoted on regular basis to a
higher post where no probation is prescribed under the rules, as the case may be.

37.1.2. The above right/title will, however, be subject to the condition that the
junior-most person in the cadre will be liable to be reverted to the lower
post/service/cadre if at any time the number of persons so entitled is more than
the posts available in that cadre/service. For example, if a person who is
confirmed or whose probation in a higher post has been declared as having been
completed or one who is holding a higher post for which there is no probation on a
regular basis, reverts from deputation or foreign service and if there is no vacancy
in that post/service/cadre to accommodate him, the junior-most person will be
reverted. If, however, this officer himself is the junior-most, he will be reverted to
the next lower post/service/cadre from which he was earlier promoted.
O.M. No. 18011/1/86-Estt.(D) dated 28.03.1988

37.2 LIEN ON A POST

37.2.1 A Government servant who has acquired a lien on a post retains a lien on
that post—
while performing the duties of that post;
while on foreign service, or holding a temporary post or officiating in
another post;
during joining time on transfer to another post; unless he is
transferred substantively to a post on lower pay, in which case his
lien is transferred to the new post from the date on which he is
relieved of his duties in the old post;
while on leave; and
while under suspension.

37.2.2 A Government servant on acquiring a lien on a post will cease to hold any
lien previously acquired on any other post.

37.3 RETENTION OF LIEN ON SELECTION

37.3.1 If a permanent employee is selected on the basis of his application for

posts in other Central Government Department/Offices/ State Government, his
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lien may be retained in the parent department for a period of 2 years. If the
employee concerned is not permanently absorbed within a period of 2 years from
the date of his appointment in the new post, he should immediately on expiry of
the period of 2 years either resign from the service or revert to his parent cadre.
An undertaking to abide by this condition may be taken from him at the time of
forwarding of his application to other departments/offices.

37.3.2 When a Government servant has joined a department/office where he is

not confirmed within a period of 2 years due to some reasons, he may, in
exceptional cases, be permitted to retain the lien in the parent department/ office
for one more year. While granting such permission, a fresh undertaking similar to
the one indicated above may be taken from the employee.

37.3.3 Timely action should be taken to ensure extension/ reversion/ resignation

of the employees to their parent cadres on completion of the prescribed period of
2/3 years. In cases, where employees do not respond to instructions, suitable
action should be initiated against them for violating the agreement/ undertaking
given by them as per (3) and (4) above and for termination of their lien. Adequate
opportunity may, however, be given to the officer prior to such consideration.

37.3.4 Temporary Government servants will be required to severe connections

with the Government in case of their selection for outside posts. No lien will be
retained in such cases.

37.4 TERMINATION OF LIEN

37.4.1 A Government servant’s lien on a post may in no circumstances be

terminated even with his consent if the result will be to leave him without a lien
upon a permanent post. Unless his lien is transferred, a Government servant
holding substantively a permanent post retains lien on that post.

37.4.2 A Government employee's lien on a post shall stand terminated on his

acquiring a lien on a permanent post (whether under the Central Government or a
State Government) outside the cadre on which he is borne.

37.4.3 No lien of a Government servant shall be retained:

where a Government servant has proceeded on immediate

absorption basis to a post or service outside his service/ cadre/ post
in the Government from the date of absorption; and
on foreign service/ deputation beyond the maximum limit admissible
under the orders of the Government issued from time to time.

37.4.4 TRANSFER OF LIEN

The lien of a Government servant, who is not performing the duties of the
post to which the lien retains, can be transferred to another post in the same
cadre subject to the provisions of Fundamental Rule 15.

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37.5 TECHNICAL RESIGNATION

37.5.1 A resignation from the service or post entails forfeiture of entire past
qualifying service. The exception is technical resignation which does not result in
forfeiture of past service.

37.5.2 In cases where Government servant applied for post in the same or the
other Departments through proper channel and on selection, they are required to
resign the previous posts for administration reasons, the benefit of past service, if
otherwise admissible under rules, is given treating the resignation as a “Technical
Formality”. Resignation submitted for other reasons or if competent authority has
not allowed him to forward his application through proper channel is a resignation.

37.5.3 This benefit is also admissible to Government servants who applied for
posts in same or other Departments before joining Government service and on
that account the application was not routed through proper channel. The benefit of
past service is allowed in such cases subject to the fulfilment of the following
conditions:-

the Government servant at the time of joining should intimate the

details of such application immediately on their joining.
the Government servant at the time of resignation should specifically
make a request, indicating the dates that he is resigning to take up
another appointment under Government/ Government organisation
for which he applied before joining the Government service and that
his resignation may be treated a ‘technical resignation’.
the authority accepting the resignation should satisfy itself that had
the employee been in service on the date of application for the post
mentioned by the employee, his application would have been
forwarded through proper channel.
OM No. 13/24/92-Estt.(Pay-I) dated 22.01.1993

37.6 CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION

37.6.1 A permanent Government servant appointed in another Central

Government Department/Office has to resign from his parent department unless
he reverts to that department within a period of 2 years, or 3 years in exceptional
cases. Such resignations shall not be deemed to be resignation for the purpose of
pension, if admissible. As a consequence, continuity of service benefits should be
allowed to such employees in the matter of pension, leave, LTC, etc. as
admissible under the rules.

37.6.2 In cases where Government servants, who had originally joined

government service prior to 01.01.2004, apply for posts in the same or other
departments and on selection they are asked to tender technical resignation, the
past services are counted towards pension under CCS (Pension) Rules, 1972.

Department of Pension & Pensioners Welfare OM No. 28/30/2004-P&PW(B)

dated 26.07.2005
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