Simplification of confirmation procedure – Deli king of confirmation from the availability of permanent posts

Simplification of confirmation procedure – Deli king of confirmation from the availability of permanent posts.

The undersigned is directed to say that in the existing system. The prerequisite for confirmation is the availability of a permanent post on which no other Government servant holds a lien. With a view to finding a permanent post to confirm a Government employee a periodic exercise is taken up to identify vacant permanent posts along with exact date from which these are available. The availability of a permanent post depends upon th factors such as retirement/resignation of a permanent Government employee, confirmation of a Government servant in a higher post, conversion of temporary posts into permanent ones, etc. Further, according to the present procedure, confirmation is not a one-time event in the career of a Government employee. He has to be successively confirmed in each and every post or grade to which he is promoted subject to the availability of a permanent post in each grade.

2. Thus, the exercise of identification of permanent vacant posts as well as convening of meetings of DPCs to consider the confirmation of employees against them ha become a time-consuming and complicated procedure which has to be gone through under the existing rules before permanent status is conferred upon a Government employee. The delays and complexities involved in complying with the procedural requirements of confirmation often result in a situation where an employee continues to officiate in successive higher grades for years together while he is confirmed only in the grade the entered the service.

3. A Task Force (set up in 1976 vide Ministry of Finance Order No. F. 1(5)/75-Spl. Cell dated 5.1.1976) went into the entire question of confirmation with a view to bring about some simplifications. Their main recommendations were:-

Confirmation of Government employees should be delinked from the availability of permanent vacant posts; and There should be only one confirmation in the career of a Government servant instead of multiple confirmations against successive posts/grades. These recommendations were then considered in consultation with UPSC etc. but the case was not pursued as in the meantime orders were issued allowing pension to temporary employees superananuating after 20 years of service. In the context of the drive for simplification of rules and procedures, undertaken sometime back, the proposal was revived. It has now been decided to delink confirmation from the availability of a permanent vacant post and to have confirmation as one-time event in the career of a Government servant.

4. Pursuant to the above decision, a review of all the existing rules and instructions has been made and the revised procedure to be followed in respect of various matters such as probation, confirmation, seniority, lien, temporary service rules, etc. is indicated below:


(A) General
(i) Confirmation will be made only once in the service of an official which will be in the entry grade.
(ii) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words an officer who has successfully completed the probation may be considered for confirmation.

(B) Confirmation in the grade to which initially recruited: (i) As at present, the appointee should satisfactorily complete the probation. (ii) The case will be placed before the DPC (for confirmation). (iii) A specific Order of confirmation will be issued which the case is cleared from all angles.

(C ) On Promotion:

(i) If the recruitment rules do not prescribe any probation an officer promoted on regular basis after following the prescribed DPC etc, procedure) will have all the benefits that a person confirmed in that grade would have. (ii) Where probation is prescribed, the apponting authority will on completion of the prescribed period of probation assess the work and conduct of the officer himself and in case the conculsion is that the officer is fit to higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If, the appointing authority consider that the work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation as the case may be.
Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted if the work of the officer during probation has not been satisfactory.


(i) As no officer otherwise eligible will have to wait for confirmation pending availability of a permanent vacancy, the need for following the existing procedure for declaring a person quasi-permanent ceases to exist. Accordingly, the provisions relating to the quasi-permanency in the CCS (Temporary Service) Rules will be deleted.
(ii) As there will still be situations where appointments are made against posts/establishments which are created for definite and purely temporary periods e.g. Committees/Commissions of Enquiry, organizations created for meeting a particular emergency which is not expected to last for more than a few years, posts created for projects for specified periods, the remaining provisions of the Temporary Service Rules will continue to be in force.

4.3 LIEN

The concept of lien as the title of a Govt. servant to hold substantively a permanent post will undergo a change; Lien will now represent only the right/title of a Govt. servant to hold a regular post, whether permanent or temporary, either immediately or on the termination of the periods of absence. The benefits of having a lien in a grade will thus be enjoyed by all officers who are confirmed in the grade 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.

The above right/title will, however , be subject to the condition that the junior most person in the grade will be liable to be reverted to the lower grade if at any time the number of persons so entitled is more than the posts available in that grade. 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 grade 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 grade from which he was earlier promoted.


Since all the persons who complete probation in the first appointment will be declared as permanent, the present distinction between permanent and temporary employees for grant of pension and other pensionary benefits will cease to exist.


As a result of introduction of confirmation only at the entry stage and the delinking of confirmation from the availability of permanent posts, the need for reservation at the time of confirmation in posts and services filled by Direct Recruitment as per the existing instructions will cease to exist as everyone who is eligible for confirmation will be confirmed.


According to para 2.3 of the consolidated orders of seniority issued vide this Department’s OM No. 22011/7/86-Estt (D) dated 3.7.86 where persons are confirmed in an order different from the order of merit indicated at the time of their recruitment or promotion, seniority shall follow the order of confirmation and not the original order of merit. Since there is confirmation in the entry grade, seniority will continue to be determined on the basis of confirmation in that grade.

5. The existing instructions/Rules in respect of the aspects intentioned above stand modified to the extent indicated in the preceding paragraphs. As regards rules relating to pension. Temproary Service, Lion, etc. suitable amendments will be notified separately.

6.1 The revised procedures relating to confirmation outlined above will not apply to the cases of appointments made on adhoc basis, i.e., it is only the appointments made on regular basis which will come within the purview of these instructions.

6.2 Sometimes Establishments are created for a specific objective for a limited period, as in the case of Committees or Commissions to study or investigate a specific problem. Normally, posts in such Establishments are filled by deputation or contract basis, which would not result in regular incumbency. Even in a few cases, where regular appointments are made by framing the recruitment rules, appointments are made according to those rules, these instructions about confirmation would not apply. In other words, persons appointed against the posts in purely temporary organisations are outside the purview of the revised procedure outlined in this office Memorandum.

7. These instructions will come into force with effect from 1st April 1988.

8. When the new procedure detailed in this OM comes into effect the administrative work involved in confirmation of officials in all Government offices every year will be eliminated. This would result in reduction of work load of various Ministries and Departments. All the Ministries and Departments are requested to review the position and intimate by 31st October, 1988 details of reduction of staff effected as a result of the rationalization for reporting the matter to the Cabinet.

9. All the Ministries/Departments are requested to bring the above position to the notice of all concerned, including those in the Attached and Subordinate Offices for guidance.

Subject: Probation in the case of direct recruits appointed to posts where upper age limit is 35 years and above.

The undersigned in directed to say that para 3(ii) of this Department’s O.M.N. 21011/2/BO-Estt(C) dated 19th May, 1983 provides, inter alia that direct recruits to posts for which the age of entry is 35 years or above-and where no training is involved, shall be on probation for a period of one year only. A question has been raised whether this provision which will be applicable to direct recruits to paste for / the maximum age limit for recruitment is 35 years or above. It is hereby clarified that the period of probation in the case of direct recruits to posts for which the maximum age limit for recruitment is 35 years or above will be one year only, if no training is involved. If, however, the probation includes “on the job” or “institutional training” the period of probation shall be two years. This position has already been brought out in para 3.11.2 of the guidelines on framing/amendment/relaxation of Recruitment Rules issued under this Department’s OM No.AB 14017/12/87-Estt (RR) dated 18.3.88. In visa of this, the expression “age of entry” occurring in para 3(ii) of this Department’s OM dated 19th May, 1983 referred to above, may be substituted by the expression “maximum age limit for recruitment”.

2. The Ministry of Finance etc. are requested that the above clarification may be brought to the notice of all concerned.


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