Department of Personnel & Training memo No.
AB.14017/13/2013-Estt. (RR) (1349) on the above subject matter.
DOPT’s compilation of FAQ on Central
Government Employees Recruitment Rules is as follows
No.
AB.14017/13/2013-Estt. (RR) (1349)
Government
of India
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 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.
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