1. What are Recruitment
Rules?
Ans. Recruitment Rules are
rules notified under proviso to Article 309 or any specific statutes for
post(s) prescribing inter alia the method of recruitment and eligibility for
such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are
subordinate legislation and so, they are statutory in nature.
2. What are Service Rules?
Ans. Service Rules are
Recruitment Rules for any of the Organized Central Services covering many
aspects including constitution of the Service, seniority, probation and other
conditions of service.
3. Whether Recruitment Rules
are applicable retrospectively?
Ans. The legal position is
that the posts are to be filled up as per the eligibility conditions prescribed
in the Recruitment Rules in force at the time of concurrence
of vacancies unless the Recruitment Rules are amended
retrospectively. The practice has however been to give effect to the
Recruitment Rules prospectively.
4. Why are Recruitment Rules
framed?
Ans. As soon as decision is
taken to create a new post/ service to upgrade any post or re-structure any
service, the Recruitment Rules/ Service Rules are framed. Any post is
filled up as per the provisions of the Recruitment Rules/ Service
Rules.
5. Why are Recruitment Rules
amended?
Ans. Revision in the
Recruitment Rules is made by way of amendment to incorporate changes due
to implementation of Central Pay Commission Report, modification of
orders/ instructions on the subject, creation/ abolition of posts etc.
during the intervening period.
6. How Recruitment Rules are
framed/ amended?
Ans. Recruitment Rules for Group
‘A’ & 13′ posts/ service are framed/ amended by the administrative
Ministry/Department in consultation with Department of Personnel &
Training, Union Public
Service Commission and
Ministry of Law (Legislative Department) and approval of competent authority
in the Ministry/ Department to be obtained.
7. Why and how are
Recruitment Rules relaxed?
Ans. The power to relax
clause in the Recruitment Rules/ Service Rules provides the authority
to relax the rules in respect of class or category of person. The
administrative Ministry/ Department may resort to relaxation of the rules in
consultation with Department of Personnel & Training and Union Public
Service Commission.
8. Who is competent
authority to frame/amend the Recruitment Rules?
Ans. All Recruitment Rules
including their amendments should be approved at the level of
Minister-in-charge, unless the Minister has by general or special order
delegated such approval at a lower level(s).
9. Who is competent
authority to frame/amend the Recruitment Rules of Group ‘C’ posts?
Ans. Administrative
Ministries/ Departments are empowered to frame / amend the
Recruitment Rules in respect of Group ‘C’ posts keeping in view the
guidelines/ Model Recruitment Rules issued by this Department on various
aspects. In case of deviation from existing guidelines/ Model Recruitment
Rules, the concurrence of Department of Personnel & Training is to be
obtained.
10. Who is competent
authority to relax the Recruitment Rules of Group ‘C’ posts?
Ans. The Ministries/
Departments are competent to relax the Recruitment Rules for Group
‘C’ posts. The provisions governing upper age limit or qualifications for direct recruitment should not however be relaxed without
prior concurrence of Department of Personnel & Training.
11. What is the format/
procedure to send the proposal for consultation with Department of Personnel
& Training for framing/amendment of Recruitment Rules?
Ans. Proposal
for framing/ amendment of Recruitment Rules for Group ‘A’ & Group ‘B’ posts
(except Service Rules) is sent to Department of Personnel & Training,
first, on-line under Recruitment Rules Framing Amendment and Monitoring System(RRFAMS) of the on-line services of Department of Personnel
& Training. After approval of on-line Recruitment Rules in Department
of Personnel & Training, the proposal is referred by the Administrative
Ministry/ Department in a file with a self-contained note accompanied inter-alia
the following: –
(i)
Check-list for sending proposal to Department of Personnel & Training.
(ii) Copy
of the report of freezed on-line Recruitment Rules.
(iii)
Draft Recruitment Rules
including notification and Schedule 1 (for posts other than
those in the Organized Services) in the proforma in Annexure I.
(iv)
Supporting particulars in Annexure II (for framing of Recruitment Rules)
Annexure-III (for amendment of Recruitment Rules), as prescribed in Department
of Personnel & Training OM No. AB.14017/48/2010-Estt. (RR) dated
31.12.2010.
(v)
Recruitment Rules for the feeder posts(s) and the higher post, if any,
(vi) Present sanctioned
strength of the post for which rules are being framed/ amended as also of the
lower and higher posts.
12. What are model Recruitment
Rules?
Ans. Model Recruitment Rules
for a number of common categories of posts have been framed in consultation
with Union Public Service Commission, wherever required. While framing/
amending Recruitment Rules for such posts, the model rules should be adhered
to.
13. What is procedure for
consultation with Union Public Service Commission?
Ans. After obtaining the
concurrence of the Department of Personnel & Training, the Administrative
Ministry / Department should refer the draft Recruitment Rules for posts /
services which are within the purview of the Union Public Service
Commission in a self-contained letter to the Commission, along with the
information in the prescribed proforma (Check list, Annexure II/ Annexure-III etc.). It should be stated in the
letter to the Commission whether the clearance of the Department of Personnel
& Training (and also the Department of Pension & Pensioners’ Welfare
were required) has been obtained in respect of the proposals in question.
14. What is initial constitution
clause in Recruitment Rules?
Ans. In cases where a new
service is formed and the Recruitment Rules are framed for the first
time and that there are officers already holding different categories of posts
proposed to be included in the service on a regular / long term basis, a
suitable ‘Initial Constitution’ Clause may be inserted in
the Notification so as to count the regular service rendered by such
officers before the date of notification of the Rules.
15. Whether reservation,
relaxation of age limit and other special categories of persons are applicable
in Recruitment Rules?
Ans. These
concessions in recruitments are made applicable by inserting the following
‘Saving Clause’ in the covering notification of the
Recruitment Rules:-
“Nothing in those rules
shall affect reservations, relaxation of age-limit and other concessions
required to be provided for the Scheduled Castes, the Scheduled Tribes,
Ex-servicemen and other special categories of persons, in accordance with the
orders issued by the Central Government from time to time in this regard”.
16. What is
the schedule in Recruitment Rules?
Ans.
The schedule of Recruitment Rules of post(s) is a 13 columns table as
per prescribed Annexure-I (vide OM No. AB-14017/48/2010-Estt. (RR) dated
31.12.2010) containing details of the post(s) along with method of recruitment
and eligibility criteria. The prescribed schedule is used for post()
which are not covered by any organized service.
17. What is notification
part of Recruitment Rules?
Ans. Notification of
Recruitment Rules contains the substantive rules which include the
provisions related to title, date of commencement, enabling provision for
applicability of schedule, disqualification clause, power to relax clause,
saving clause and any other rule specific to a post viz. initial constitution
clause, liability for all-India Service etc.
18. What are the upper age
limits prescribed for Direct Recruitment?
Ans. The upper age limits
for different posts depend upon the nature of duties, educational
qualifications and experience requirements as prescribed in this Department OM
No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.7.4.1 & 3.7.4.2).
19. What are relaxations
available for upper age limit in direct Recruitment Rules?
Ans. A provision is
prescribed in the recruitment rules for relaxation of the upper age-limit for
departmental candidates up to 40 years for appointment by direct recruitment to
Groups C posts and for Government servants up to 5 years for direct recruitment
to Groups A and B posts:
20. How to calculate crucial
date for age limit?
Ans. In the case of
recruitment through the Union Public Service Commission and the Staff Selection
Commission, the crucial date for determining the age- limit shall be as
advertised by the UPSC / SSC. In the case of other recruitment, the crucial
date for determining the age-limit shall be the closing date for receipt of
applications from candidates in India (and not the closing date prescribed for
those in Assam etc.).
21. How is the educational
and other qualification required for direct recruit fixed?
Ans. The minimum educational
qualifications and experience required for direct recruitment may be indicated
as precisely as possible and if necessary, into two parts, viz., “Essential
Qualifications” and “Desirable Qualifications” taking into account the pay
band/ grade pay and the nature of duties, and the provisions in the
approved Recruitment Rules for similar higher and lower posts in the same
hierarchy.
22. Whether the educational
qualifications prescribed for direct recruits are applicable to promotees?
Ans. The educational
qualifications are not generally insisted upon in the case of promotion to
posts of non-technical nature; but for scientific and technical posts, these
should be insisted upon, in the interest of administrative efficiency, at least
in the case of senior Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and
above. Sometimes the qualifications for junior Group A posts and Group B
posts may not be insisted upon in full but only the basic qualification in the
discipline may be insisted upon.
23. Whether any age limit
prescribed for promotion?
Ans. Unless there are any
specific grounds, the age limit prescribed for direct recruits are not insisted
upon in the case of promotees.
24. When probation for
appointment to a post/service in Central Government is prescribed? What is the
duration of probation?
Ans. The probation is
prescribed when there is direct recruitment, promotion from one Group to
another e.g. Group B to Group A or officers re-employed before the age of
superannuation. There will be no probation for promotion from one grade to
another but within the same group of posts e.g. from Group ‘C’ to Group ‘C’ and
for appointment on contract basis, tenure basis, re-employment after
superannuation and absorption. The period of probation is as prescribed in
this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para
3.10.1 & 3.10.2).
25. What are the methods
of recruitment?
Ans. The
different methods of recruitment are:
(a)
Promotion
(b) Direct
Recruitment
(c)
Deputation
(d)
Absorption
(e)
Re-employment
(f) Short-term contract
26. How is the method of
recruitment or percentage of vacancies to be filled by various methods of
recruitment decided?
Ans. The
percentage of vacancies to be filled by each method that may be prescribed for
a particular post or Service depend on a judicious blending of several
considerations, e.g.,
(i) the
nature of duties, qualifications and experience required:
(ii) the availability
of suitable personnel possessing, the reequisite qualifications and experience
within a cadre.
(iii) The
need for ensuring that suitable incentives exist for the maintenance of an
adequate standard of efficiency in the cadre;
(iv)
Consideration of the question whether, having regard to the role to be
performed by a specified cadre or Service, it is necessary to provide for
direct intake of officers at an appropriate level with a view to injecting
fresh knowledge and experience that may not be normally available in a
particular Service or Department etc.
(v) The proper mix of the
six methods of recruitment i.e. (a) promotion (b) direct recruitment (c)
deputation (d) absorption (e) re-employment (f) short-term contract (mentioned
at (a) to (f) above).
27. What is promotion?
Ans. Promotion is method of
recruitment from feeder grade post(s) to higher post in the hierarchy as per
the provisions of the Recruitment Rules. If promotion is kept as a method of
recruitment, it is also necessary to lay down the number of years of qualifying
service before the persons in the field become eligible for promotion. Only
regular, and not ad hoc, period of service is taken into account for purposes
of computing this service.
28. What is Direct
Recruitment?
Ans. Direct recruitment is
the recruitment which is open to all candidates, eligible as per the provisions
regarding age, educational qualification/ experience etc. as prescribed in
Recruitment Rules.
29. What is Deputation?
Ans. Deputation is a method
of recruitment where officers of Central Government Departments or State/ UT
Governments from outside are appointed to post(s) in Central Government for a
limited period, by the end of which they will have to return to their parent
cadres. In case of isolated post, it is desirable to keep the method of
recruitment of deputation/ short term contract as otherwise the incumbents of
such posts, if directly recruited, will not have any avenue of promotion/
career progression.
30. What is short term
contract?
Ans. Short term contract is
also a form of deputation where officers from non- Government bodies e.g.
universities, research institutions, public sector undertakings for teaching,
research, scientific and technical post(s) can some to Central Government
posts.
31. Whether absorption and
Deputation are synonymous? What is absorption?
Ans. Absorption and deputation are not synonymous. There is a
substantial difference between absorption and deputation. Under the provision
absorption, the officer, who initially comes on deputation, may be permanently
absorbed in the post/ grade if recruitment rules prescribe for absorption
as mode of recruitment. Such absorption can be effected only in the case
of officers who are on deputation from the Central / State Government.
32. What is composite method
of recruitment?
Ans. 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.
33. How is field of
deputation decided?
Ans. The field for “deputation/ short-term contract/ absorption
should, as far as possible, consist of officers holding analogous posts on
regular basis but may be widened to include officers working in the next lower
grade also with the qualifying service on regular basis normally prescribed for
promotion.
34. How is the period of
qualifying service for promotion decided?
Ans. The qualifying service for promotion from one grade to another
is necessary so that there is no premature promotion or undue jump in pay and
also to ensure that the officer has sufficient opportunity to demonstrate
his competence/potential for holding the higher post. The period of
qualifying service varies from post to post depending upon the scale of pay and
the experience, required for manning the higher post. Broadly, the
following qualifying service to be followed is prescribed in this Department OM
No. AB- 14017/48/2010-Estt (RR) dated 31.12.2010 (para 3.12.2).
35. What is the maximum age
limit for Deputation?
Ans. The maximum age limit
for appointment on deputation including short term contract) or absorption
shall be not exceeding 56 years as on the closing date of receipt of
applications.
36. What is the crucial date
for determination of eligibility of absorption/ deputation?
Ans. The guidelines for crucial date for determination of
eligibility for absorption/ deputation are as follows :-
(i) 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.
(ii) 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.
37. How is Departmental
Committee formed?
Ans. When promotion is kept as a method of recruitment, the
detailed composition of the Departmental Promotion Committee, with minimum 3
officers, may be indicated. In the case of promotion to Group `A’ posts,
the Union Public Service Commission shall also be associated. The total
strength of DPC including Chairman need not necessarily be an odd number as the
decision is to be taken as a joint one.
38. What are the
circumstances in which Union Public Service Commission is to be consulted
for recruitment?
Ans. UPSC is required to consult in case of recruitment to all
Central Civil Services and Central Civil Posts. Exemption from
Consultation with Union Public Service Commission is governed by the
Union Public Service Commission (Exemption from Consultation) Regulations, 1958
as amended from time to time and the Central Civil Services and Civil Posts
(Consultation with Union Public Commission) Rules, 1999 as amended. Some
of the circumstances in which the Union Public Service Commission are to be
consulted in making recruitment to the posts are illustrated below:-
(i) Direct
Recruitment,
(ii) Re-employment,
(iii)
Absorption,
(iv)
Composite method of recruitment ( i.e. where the departmental candidate is to
be considered along with outsiders),
(v) In
case of deputation — (a) if the field for consideration includes State
Government Officers or Group ‘A’ & ’13′ officers of the Central Government
simultaneously and (b) if the field for consideration consists
of not only Central/State
Government officers but also officers from non- Government institutions
(vi) Any relaxation or amendment of the provisions of the
Recruitment Rules.
39. Whether recruitment to a
post can be made in absence of recruitment rules of a post?
Ans. If there are overriding compulsions for filling any Group or
Group B post in the absence of Recruitment Rules, then the Ministries/
Department may make reference to Union Public Service Commission for
determination of method of recruitment as a onetime measure for filling
up of a post on regular basis.
40. What are the limits for
notification of Recruitment Rules?
Ans. The Recruitment Rules or amendment(s) thereto as finally
approved by the Union Public Service Commission are required to be notified
within a period of 10 weeks from the da of receipt of their advice
letter. This time limit should be strictly adhered to.
41. What needs to be done in
case where posts are transferred to some other Ministries/Departments?
Ans. The
Ministry/Departments concerned should mutually agree for transfer of the posts
and the same should be concurred by Department of Expenditure. Thereafter, the
existing RR needs to be de-notified in consultation of Department of
Personnel & Training, Union Public Service Commission and Ministry of Law.
Suitable recruitment rules in the transferred Department may be framed/ amended
following due procedure.
