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Recruitment and Service Rules

Q&A without explanation

Q&A with explanation

What are recruitment rules?

Recruitment rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of cruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part. Recruitment rules are subordinate legislation and so, they are statutory in nature.

What are service rules?

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.

Whether recruitment rules are applicable retrospectively?

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 vacancies unless the recruitment rules are amended retrospectively. The practice has however been to give effect to the recruitment rules prospectively.

Why are recruitment rules framed?

As soon as decision is taken to create a new post, service 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 or service rules.

Why are recruitment rules amended?

Revision in the recruitment rules is made by way of amendment to incorporate changes due to implementation of Pay Commission report, modification of orders or instructions on the subject, creation or abolition of posts etc. during the intervening period.

How recruitment rules are framed or amended?

Recruitment rules for Group A & B posts or service rules are framed or amended by the administrative Ministry or Department in consultation with Union Public Service Commission, Department of Personnel & Training and Ministry of Law.

For Group C posts, the Administrative Ministry or the Department are empowered to frame or amend the recruitment rules keeping in view the guidelines or the Model Recruitment Rules issued by the DoPT

Why and how are recruitment rules relaxed?

The power to relax clause in the recruitment rules or service rules provides the authority to relax the rules in respect of class or category of persons. The administrative Ministry or Department may resort to relaxation of the rules in consultation with Department of Personnel & Training and Union Public Service Commission.

Who is competent authority to frame or amend the recruitment rules?

All recruitment rules including their amendments should the level of Minister-in-charge, unless the Minister has by general or special order delegated such approval at a lower level(s).

Who is competent authority to relax the recruitment rules of Group C posts?

The Ministries or Departments are competent to relax the 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.

What is the format/procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of recruitment rules?

Proposal for framing or amendment of recruitment rules for Group A & B posts is sent to Department of Personnel & Training, via Recruitment Rules Framing And Monitoring System (RRFAMS), an online services of Department of Personnel & Training. After approval of online Recruitment Department of Personnel & Training, the proposal is referred to Administrative Ministry or Department in a file with a self contained note accompanied the following:

  1. Check-list for sending proposal to Department of Personnel & Training;

  2. Copy of the report of freezed online recruitment rules;

  3. Draft recruitment rules including notification and schedule in the proforma other than those for Organized Services;

  4. Supporting particulars for framing or amendmenting the of recruitment rules, as prescribed by Department of Personnel & Training;

  5. Recruitment rules for the feeder posts(s) and the higher post, if any; and

  6. Present sanctioned strength of the post for which rules are being framed/ amended as also of the lower and higher posts.

  7. What are model recruitment rules? Ans. Model recruitment rules for a number of common cate have been framed in consultation with Union Public Servic wherever required. While framing/ amending recruitment rules the model rules should be adhered to.

  8. What is procedure for consultation with Union Public Sery Commission? Ans. After obtaining the concurrence of the Department o Training, the Administrative Ministry / Department should recruitment rules for posts/ services which are within the purvi Public Service Commission in a self-contained letter to the Co with the information in the prescribed proforma (Check list Annexure-III etc.). It should be stated in the letter to the Com the clearance of the Department of Personnel & Training Department of Pension & Pensioners’ Welfare were required) ha in respect of the proposals in question. itment Rules)/ prescribed in /48/2010-Estt. st, if any. being framed/ ories of posts Commission, for such posts, ce Personnel & efer the draft of the Union mission, along Annexure II/ ission whether (and also the been obtained

  9. What is initial constitution clause in recruitment rules? Ans. In cases where a new service is formed and the Recru framed for the first time and that there are officers already h categories of posts proposed to be included in the service on term basis, a suitable ‘Initial Constitution’ Clause may be Notification so as to count the regular service rendered by such the date of notification of the Rules. ent Rules are lding different regular / long nserted in the officers before

  10. 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 following ‘Saving Clause’ in the covering notification of t Rules:- “Nothing in those rules shall affect reservations, relaxation of age concessions required to be provided for the Scheduled Castes, Tribes, Ex-servicemen and other special categories of persons, with the orders issued by the Central Government from time regard”. oncessions for y inserting the e Recruitment limit and other the Scheduled in accordance o time in this …4/- -4-

  11. What is the schedule in recruitment rules? Ans. The schedule of recruitment rules of post(s) is a 13 col ns table as per prescribed Annexure-I (vide OM No. AB-14017/48/2010-Es . (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.

  12. What is notification part of recruitment rules? Ans. Notification of recruitment rules contains the substanti include the provisions related to title, date of commencement, en for applicability of schedule, disqualification clause, power t saving clause and any other rule specific to a post viz. initial con liability for all-India Service etc. e rules which ling provision relax clause, titution clause,

  13. What are the upper age limits prescribed for Direct Recruit ent? Ans. The upper age limits for different posts depend upon the n ture of duties, educational qualifications and experience requirements as pre cribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.7.4.1 & 3.7.4.2).

  14. What are relaxations available for upper age limit in dire Rules? Ans. A provision is prescribed in the recruitment rules for re upper age-limit for departmental candidates up to 40 years for a direct recruitment to Groups C posts and for Government servant for direct recruitment to Groups A and B posts:

  15. How to calculate crucial date for age limit? Ans. In the case of recruitment through the Union Public Servi and the Staff Selection Commission, the crucial date for dete limit shall be as advertised by the UPSC / SSC. In the case of oth the crucial date for determining the age-limit shall be the closing of applications from candidates in India (and not the closing date those in Assam etc.). t Recruitment axation of the pointment by up to 5 years Commission ning the ager recruitment, ate for receipt prescribed for

  16. How is the educational and other qualification required fo fixed? Ans. The minimum educational qualifications and experience req recruitment may be indicated as precisely as possible and if nece parts, viz., “Essential Qualifications” and “Desirable Qualificatio account the pay band/ grade pay and the nature of duties, and th the approved recruitment rules for similar higher and lower pos hierarchy. direct recruit ired for direct sary, into two s” taking into provisions in s in the same …5/-

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  1. Whether the educational qualifications prescribed for di applicable to promotees? Ans. The educational qualifications are not generally insisted of promotion to posts of non-technical nature; but for scientifi posts, these should be insisted upon, in the interest of administr at least in the case of senior Group A posts in the Pay Band-3 6600 and above. Sometimes the qualifications for junior Gro Group B posts may not be insisted upon in full but only the basic the discipline may be insisted upon.
  2. Whether any age limit prescribed for promotion? Ans. Unless there are any specific grounds, the age limit pres recruits are not insisted upon in the case of promotees.
  3. When probation for appointment to a post/service in Cen is prescribed? What is the duration of probation? Ans. The probation is prescribed when there is direct recruit from one Group to another e.g. Group B to Group A or offic before the age of superannuation. There will be no probation for one grade to another but within the same group of posts e.g. fro Group ‘C’ and for appointment on contract basis, tenure basis, after superannuation and absorption. The period of probation is this Department OM No. AB-14017/48/2010-Estt (RR) dated 3 3.10.1 & 3.10.2).
  4. 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 ect recruits are pon in the case and technical tive efficiency, Grade Pay Rs. p A posts and qualification in ribed for direct al Government ent, promotion rs re-employed romotion from Group ‘C’ to re-employment s prescribed in .12.2010 (Para
  5. How is the method of recruitment or percentage of vacan by various methods of recruitment decided? Ans. The percentage of vacancies to be filled by each meth prescribed for a particular post or Service depend on a judici several considerations, e.g., (i) the nature of duties, qualifications and experience require (ii) the availability of suitable personnel possessing, qualifications and experience within a cadre. ies to be filled d that may be us blending of the requisite …6/- -6- (iii) The need for ensuring that suitable incentives exist for the an adequate standard of efficiency in the cadre; (iv) Consideration of the question whether, having regard t i performed by a specified cadre or Service, it is necessa direct intake of officers at an appropriate level with a v fresh knowledge and experience that may not be normall particular Service or Department etc. (v) The proper mix of the six methods of recruitment i.e. (a direct recruitment (c) deputation (d) absorption (e) reshort-term contract (mentioned at (a) to (f) above).
  6. What is promotion? Ans. Promotion is method of recruitment from feeder grade p st(s) to higher post in the hierarchy as per the provisions of the Recruit ent Rules. If promotion is kept as a method of recruitment, it is also necessary o lay down the number of years of qualifying service before the persons in th- field become eligible for promotion. Only regular, and not ad hoc, period of ervice is taken into account for purposes of computing this service.
  7. What is Direct Recruitment? Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualificat on/ experience etc. as prescribed in recruitment rules.
  8. What is Deputation? Ans. Deputation is a method of recruitment where offic Government Departments or State/ UT Governments from outsid to post(s) in Central Government for a limited period, by the en • will have to return to their parent cadres. In case of isolated post to keep the method of recruitment of deputation/ short term contr the incumbents of such posts, if directly recruited, will not have promotion/ career progression. rs of Central are appointed of which they it is desirable ct as otherwise any avenue of
  9. What is short term contract? Ans. Short term contract is also a form of deputation where offi Government bodies e.g. universities, research institutions, undertakings for teaching, research, scientific and technical post( Central Government posts. ers from nonpublic sector ) can come to maintenance of the role to be to provide for ew to injecting available in a promotion (b) mployment (f) …7/- -7-
  10. Whether absorption and Deputation are synonym absorption? Ans. Absorption and deputation are not synonymous. There difference between absorption and deputation. Under the provi the officer, who initially comes on deputation, may be permane the post/ grade if recruitment rules prescribe for absorptio recruitment. Such absorption can be effected only in the case of on deputation from the Central / State Government. us? What is s a substantial ion absorption, tly absorbed in as mode of fficers who are
  11. What is composite method of recruitment? Ans. In cases where the field of promotion or feeder grade cons post, the method of recruitment by “deputation (including shortpromotion” is prescribed so that the eligible departmental offic along with outsiders. If the departmental candidate is selected for the post; it is to be treated as having been filled by promotion; post is to be filled by deputation / short-term contract for the Ares deputation / short-term contract at the end of which the departme again be afforded an opportunity to be considered for appointmen sts of only one erm contract) / r is considered appointment to otherwise, the ribed period of tal officer will to the post.
  12. How is field of deputation decided? Ans. The field for “deputation/ short-term contract/ absorption s ould, as far as possible, consist of officers holding analogous posts on regular b sis but may be widened to include officers working in the next lower grade also with the qualifying service on regular basis normally prescribed for promo ion.
  13. How is the period of qualifying service for promotion deci Ans. The qualifying service for promotion from one grad necessary so that there is no premature promotion or undue jump to ensure that the officer has sufficient opportunity to d competence/potential for holding the higher post. The period service varies from post to post depending upon the scale o experience, required for manning the higher post. Broadly, qualifying service to be followed is prescribed in this Departmen 14017/48/2010-Estt (RR) dated 31.12.2010 (para 3.12.2). ed? to another is n pay and also monstrate his of qualifying pay and the the following OM No. AB35. What is the maximum age limit for Deputation? Ans. The maximum age limit for appointment on deputation ( ncluding short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications. …8/- -8-
  14. What is the crucial date for determination of eligibili deputation? of absorption/ Ans. The guidelines for crucial date for determination of absorption/ deputation are as follows: - (i) In the case of a vacancy already existing at the time communication inviting nominations, the eligibility may be d reference to the last date prescribed for receipt of nominations Department/ Organization responsible for making appointment originating Ministry etc. (ii) In the case where a vacancy is anticipated, the c determining eligibility should be the date on which the vacanc arise. eligibility for •f issue of the termined with n the Ministry/ to the post i.e. cial date for is expected to
  15. How is Departmental Committee formed? Ans. When promotion is kept as a method of recruitme composition of the Departmental Promotion Committee, wi officers, may be indicated. In the case of promotion to Grou Union Public Service Commission shall also be associated. The DPC including Chairman need not necessarily be an odd number is to be taken as a joint one. t, the detailed h minimum 3 `A’ posts, the otal strength of as the decision
  16. What are the circumstances in which Union Public Servic is to be consulted for recruitment? Ans. UPSC is required to consult in case of recruitment to a Services and Central Civil Posts. Exemption from Consultati Public Service Commission is governed by the Union Commission (Exemption from Consultation) Regulations, 19 from time to time and the Central Civil Services and Civil Pos with Union Public Commission) Rules, 1999 as amended. circumstances in which the Union Public Service Commis 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 depart is to be considered along with outsiders), (v) In case of deputation — (a) if the field for consideratio Government Officers or Group ‘A’ & ‘13’ officers Government simultaneously and (b) if the field for consid of not only Central/State Government officers but also o Government institutions (vi) Any relaxation or amendment of the provisions of the Rec Commission 1 Central Civil •n with Union ublic Service 8 as amended s (Consultation Some of the ion are to be ental candidate includes State f the Central ration consists cers from nonitment Rules. …9/-
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  1. Whether recruitment to a post can be made in absence of rec rules of a post? Ans. If there are overriding compulsions for filling any Group post in the absence of recruitment rules, then the Ministries/ De make reference to Union Public Service Commission for dete method of recruitment as a onetime measure for filling up of a po basis. fitment or Group B ailment may mination of t on regular
  2. What are the limits for notification of recruitment rules? Ans. The recruitment rules or amendment(s) thereto as finally the Union Public Service Commission are required to be notified w . of 10 weeks from the date of receipt of their advice letter. This tim be strictly adhered to. approved by thin a period limit should
  3. What needs to be done in case where posts are transferred t Ministries/Departments? Ans. The Ministry/Departments concerned should mutually agre of the posts and the same should be concurred by Department of Thereafter, the existing RR needs to be de-notified in consultation o of Personnel & Training, Union Public Service Commission and Law. Suitable recruitment rules in the transferred Department ma amended following due procedure.