Department
of Personnel and Training issued orders and clarification regarding all
service matter from time to time. In that respect, seeking
clarifications from various departments and ministries about
‘Recruitment Rules’, Dopt has clarified by the way of ‘Frequently Asked
Questions’. This is the better way to know the rules and regulations
abut the subject. [Dopt order No. AB.14017/13/2013-Estt. (RR) (1349)
dated on 6.3.2013]
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.
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.
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.
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.
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.
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.
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.
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 proform 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.
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.
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.
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.
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.
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).
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.).
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:
(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.
***
Source: www.persmin.nic.in
