NO. AB.14017/13/2013-ESTT. (RR) (1349)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
North Block, New Delhi
FAQs on Recruitment Rules
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 occurrence 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’ & ‘B’ 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 concessions for 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(s) 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 recruitments?
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;
·
(iii) the availability of suitable personnel
possessing, the requisite 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 come 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’ & ‘B’
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 A 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
date 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.
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