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State Reorganization Acts were enacted in November 2000 for the
purpose of reorganization of the then existing States of Uttar Pradesh,
Madhya Pradesh and Bihar. As a result,
UP was bifurcated into UP & Uttarakhand, MP became MP &
Chhattisgarh and Bihar was reorganized into Bihar
and Jharkhand. As per provisions of these three Acts, Central Government is
vested with the authority for allocating services of personnel between the
successor States in connection with the State Re-organisation. Other than the employees of All India Services, State Government employees of
State Cadre, are allocated between the successor States by the State
Re-organisation (SR) Division in the Department of Personnel & Training.
At present allocation of State Government employees between the successor
States of Uttar Pradesh / Uttarakhand, Madhya Pradesh/ Chhattisgarh and
Bihar/Jharkhand, is in progress.
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The State Reorganisation (SR) Division in the Department of
Personnel & Training is entrusted with the responsibility of allocation
of the State Government employees of State cadre, who have all state transfer
liability, other than All India Services, between the successor states in
accordance with State Reorganisation Scheme. Employees serving in villages,
tehsil, districts, divisions and regions - who are normally transferred
within such areas and part of such territorial cadres and employees appointed
for Projects or Undertakings, etc. are not covered by the scheme of State
Reorganisation. Allocation of All India services between the successor
States are done by their cadre controlling authorities i.e M/O of
personnel(AIS Division) for Indian Administrative Service (IAS), M/O Home
Affairs for Indian Police service (IPS) and M/O Environment and Forests for
Indian Forest Service (IFS). They therefore, do not come under the SR
Division..
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The States
of India were originally formed as a result of historical accidents and
circumstances. After independence there has been a growing demand for
reorganisation of the States on more rational basis, in the context of not
only from financial, economic and administrative management of independent
India but also due to the growing importance of regional languages. For the
first time, the States Reorganisation Commission (SRC) was constituted in
1953 to go into this problem and to recommend the principles and broad
guidelines on which the States can be reorganised. The Commission submitted
its report in September, 1955. To give effect to the scheme of
reorganisation which emerged from the consideration of the proposals
contained in the Report, the States Reorganisation Act, 1956, was enacted
by the Parliament under Article 4 of the Constitution of India. The new
States formed as a result of the reorganisation of States in 1956 are
Andhra Pradesh, Bombay Kerala, Madhya Pradesh, Madras,
Mysore, Punjab
and Rajasthan. Thereafter the Parliament had also enacted various
Reorganisation Acts from time to time i.e the Bombay Reorganisation Act in
1960; The Punjab Reorganisation Act in 1966; the State of Himachal Pradesh Reorganisation Act in
1970 and North-Eastern States reorganisation Act in 1971. The latest in
this category are the Reorganisation Acts of Uttar Pradesh, Madhya Pradesh
and Bihar which were enacted by the
Parliament in November, 2000.
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The
broad principle of allocation of State cadre employees which inter
alia include
allocation first by ‘option’, followed by ‘domicile’ (Home District) and
lastly by inclusion of ‘junior most’ personnel in the reverse order of
seniority. If the number of posts allocated to a successor States are more
than the total number of ‘optees’ and ‘domicile’ (Home District), in order to
fill up the balance posts, the employees lower down in the seniority position
in the cadre are considered for allocation even against their options. Option
once exercised by the employees is not reversible. Keeping in view the
resentment expressed by the employees who were allocated on domicile and
juniority basis against their willingness, several exceptions were made to
the guidelines to facilitate certain class of employees to be allocated to
the States of their option.
The following are the exceptions to the above mentioned policy:-
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(i)
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Women employees
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allocated based on option.
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(ii)
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Class IV employees
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allocated based on option.
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(iii)
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Handicapped persons
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allocated based on option.
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(iv)
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Spouse policy
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both the spouse to be allocated to a single successor State
based on their option.
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(v)
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Medial hardships cases
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allocation is based on option in the following medical hardship
cases.
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(a)
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Cancer patient
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Self or family*
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(b)
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Blindness
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Self only.
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(c)
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Heart Bye-pass surgery
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Self only if done within two years from the date of
representation is considered bythe Committee.
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(d)
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Kidney Transplantation / Kidney failure and continuing on
dialysis
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Self or family*.
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(e)
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Mental illness
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Self or family*, restricted to indoor treatment for at least
three months.
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(f)
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Bhopal Gas Tragedy
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allocated
based on option only if the compensation amount received by self/family is
more than Rs.50,000/- or more.
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(g)
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SC/ST Employees
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Allocated
based on domicile or on option basis.
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*
family include spouse, dependent children and dependent parents.
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(a)
Framing of guidelines on Reorganization
The Reorganization Acts only provide for the brief outlines and fundamental
principles of reorganization. It was therefore, necessary to work out
the modalities and frame the detailed guidelines to carry out the
reorganization process. Accordingly, a meeting was convened on
06.09.2000 under the chairmanship of the then Secretary(Personnel), Govt.
Of India,
in which the Chief Secretaries of the Reorganized States,
participated. As per decisions taken in the meeting, basic guidelines
to regulate the process of reorganization, were issued under D.O. letter
dt. 13.09.2000 in order to carry out provisional allocation of employees,
till they are finally allocated.
(b) Constitution of State
Advisory Committee
The Reorganization Acts provide for setting up of advisory committee(s) to
assist the Central Govt. in the reorganization process. Subsequent to
issue of the basic guidelines, the Central Govt. decided to constitute
State Advisory Committees to assist it in the reorganization process.
It laid down the manner in which the committee was to be constituted and
fixed the time frame for it to follow in the D.O. letter dt. 22.12.2000. State Advisory Committees (SAC) were
constituted with a senior retired civil servant of the rank of Chief
Secretary or equivalent as Chairman with Chief Secretaries of the successor
States as Members to assist the Central Government to discharge of its
functions with regard to allocation of State Government employees, as
provided in the Re-organisation Act. However, it was left to the State
Advisory Committees to formulate the detailed and State specific guidelines
for allocation of employees between the successor States.
(c) Ratio of allocation of posts
The posts of the un-divided State are allocated between the successor
States in a specific ratio arrived by the State Advisory Committee, keeping
in view the posts relatable to the area of the successor State (field
posts) and also a fixed percentage of Hqrs. Posts. The posts located in the
geographical area, go to the successor States, whereas the posts of the
headquarter are distributed in the ratio of the districts.
(d) Allocation of Personnel
Personnel and vacancies are allocated between the successor States in
accordance with the ratio finalised by the State Advisory Committee by
applying relevant provisions as existed on the appointed day.
(e) Finalisation of TFAL &
RFAL
Based on the information provided by the concerned Administrative
Departments, the State Advisory Committee issues Tentative Final Allocation
List (TFAL) enlisting employees proposed for allocation on option, domicile
and juniority basis, inviting objections from the employees. The objections
received against TFAL within one month period are considered by the State
Advisory Committee as per guidelines. The Committee recommends the Revised
Final Allocation List (RFAL) to the Central Government for consideration.
(f) Final Allocation
Based on the recommendations of the State Advisory Committee and after
ensuring that the recommendations are as per the Guidelines on
Reorganization, the Central Government issues final allocation of personnel
between the successor States.
//source : persmin.nic.in//
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