Flexible Complementing Scheme for Scientists in Scientific and Technological Departments — date of effect of promotions

No. AB-14017/36/2011-Estt(RR) 

Government of India

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

***

New Delhi, the 21st September , 2012

OFFICE MEMORANDUM

Subject: Flexible Complementing Scheme for Scientists in Scientific and Technological Departments — date of effect of promotions

The Flexible Complementing Scheme (FCS) for scientists is in position in some
of the scientific Ministries/Departments of the Government of India with the
issue of guidelines issued by this Department under O.M. No.2/41/97-PIC dated
the 9th November, 1998. The same is presently governed by the Modified FCS guidelines issued by this Department after 6th CPC under O.M. No. AB
14017/37/2008- Estt.(RR) dated the 10th September, 2010.

2. On the issue of date of efect of promotions under FCS, this Department’s instructions issued in OM dated 17th July, 2002 lay down that as promotions
are made efective from a prospective date after the competent authority has
approved the same, the same principle shall be applicable in the case of in situ
promotions under FCS as well. The OM makes it very clear that the Assessment
Boards have to be constituted well in advance keeping in view the fact that 1st
January and 1st July of each year are crucial dates to effect promotions. The
competent authority shall ensure that no promotion is granted with retrospective
effect.

3. This Department has received a number of proposals from various
Ministries/Departments on the issue of antedating the promotion/ retrospective
promotions under FCS based on court orders, etc. The delay in assessment for
promotions is cited on account of various administrative reasons, non
availability of ACRs., etc. The Hon’ble Couts/Tribunal while giving directions
for giving promotions from a retrospective date have made references to the
provisions of the DOPT OM dated 17.7.2002 which requires in situ promotions
under FCS to be efected each year and mandates timely assessments should be made
well in advance keeping in view the crucial dates. Attention is also invited to
the DOPT instructions vide OM No. 21011/02/2009-Estt (A) dated 16th February 2009, which prescribes the Time Schedule for preparation of Confidential
Reports by the various Ministries/Departments. Delay in convening of Assessment
Board meetings due to administrative reasons leads to delayed promotions which
in turn has a bearing on subsequent promotions also.

4. Under FCS, promotion is not efected upon arising of a vacancy. Subject to
being found suitable, the Scientists are entitled to be promoted in situ. The
guidelines however lay down that assessment norms for promotions under the FCS
should be rigorous with due emphasis on evaluation of scientific and technical
knowledge so that only scientists who have to their credit demonstrable
achievements or higher level of technical merit are recommended for promotion.
Giving the benefit of promotions from a retrospective date or from the date of
completion of residency period without timely assessment as prescribed in our
guidelines would dilute the spirit of FCS instructions on rigorous assessment
and would be akin to granting of financial upgradation as in other such schemes.

5. The Ministries/Depatments may bring the above to the notice of all
concerned for necessary action and strict compliance.

6. Hindi version will follow.

Sd/-

(Ashok Kumar)

Deputy Secretary to the Government of India

Source/Original Order: http://www.persmin.nic.in