RECRUITMENT RULES BRANCH

Back to Index Page
Back to Index Table

            Under the Constitution of India the advice of the Commission has been made mandatory for framing/amendment of service/ recruitment rules of Group A & B civil posts under the Union of India and Union Territories .

            The items of work dealt with in Recruitment Rules Branch are: -

i)          Framing/amending of Recruitment Rules.

ii)         Mode of Recruitment in the absence of Recruitment Rules.

I.          Framing/Amending of Recruitment Rules:

            The Government are empowered to make recruitment rules for the posts and services under them under proviso to Article 309 of the Constitution.  Under Article 320 of the Constitution of India the Commission are to be consulted in framing the Recruitment Rules (and amendments thereto), except for the services and posts excluded from their purview under the Union Public Service Commission (Exemption from consultation) Regulations, 1958 for Group ‘A’ & ‘B’ civil posts under the Union of India & Union Territories.

            Under Article 321 of the Constitution the Parliament is empowered to widen purview of the UPSC beyond the posts under the Central Govt. Accordingly the Commission is being consulted by the MCD, NDMC, ESIC, Delhi Jal Board and EPFO for framing of Recruitment Rules as per provisions of their respective Acts.

II.        Mode of Recruitment in the absence of Recruitment Rules

One of the reasons very often adduced by the Ministries/Departments for making ad-hoc appointments is the non-existence of Recruitment Rules.  To tackle the situation, the Department of Personnel and Training had, after consultation with the Commission, issued instructions in July 1985 which provide that where the Ministries/Departments are not in a position to make regular appointments for the reason that the recruitment rules are still to be framed, they should make an immediate reference to the Union Public Service Commission for deciding the mode of recruitment to the post/posts pending framing of recruitment Rules.  As per the instructions, on receipt of such a reference, the Commission advise the Department on the mode of recruitment, and the appointments made in accordance with such advice are to be treated as regular appointments.

ROLE AND FUNCTIONS OF RECRUITMENT RULES BRANCH

          Under the Constitution of India the advice of the Commission has  been made mandatory for framing/amendment of service/recruitment rules of Group A & B civil posts under the Union of India and Union Territories .

          The items of work dealt with in Recruitment Rules Branch are:-

i.                    Framing/amending of Recruitment/Service Rules.

ii.                  Mode of Recruitment in the absence of  Recruitment  Rules.

 I.       Framing/amending of Recruitment Rules:

           The Govt. is empowered to make recruitment rules for the posts and services under them under proviso to Article 309 of the Constitution. Under Article 320 of the Constitution of India the Commission are to be consulted in framing the Recruitment Rules(and amendments thereto), except for the services and posts excluded from their purview under the Union Public Service Commission (Exemption from consultation) Regulations, 1958 for Group ‘A’ & ‘B’ civil posts under the Union of India & Union Territories.

           Under Article 321 of the Constitution the Parliament is empowered to widen purview of the UPSC beyond the posts under the Central Govt. Accordingly the Commission is being consulted by the MCD, NDMC, ESIC., Delhi Jal Board and EPFO for framing of Recruitment Rules as per provisions of their respective Acts.

II.      Mode of recruitment in the absence of recruitment rules.

 One of the reasons very often adduced by the Ministries/Departments for making ad-hoc appointments is the  non-existence of Recruitment Rules.  To tackle the situation, the Department of Personnel and Training had, after consultation with the Commission, issued instructions in July 1985 which provide that where the Ministries/Departments are not in a position to make regular appointments for the reason that the recruitment rules are still to be framed, they should make an immediate reference to the Union Public Service Commission for deciding the mode of recruitment to the post/posts pending framing of recruitment Rules. As per the instructions, on receipt of such a reference, the Commission advise the Department on the mode of recruitment and the appointments made in accordance with such advice are to be treated as regular appointments.

 RR Branch

 EXPERIENCE FOR VARIOUS POSTS APPROVED BY THE COMMISSION

             Experience for various level of posts is as follows :-
 

   PageTop

F.2/27/2005-RR

SALIENT FEATURES OF DOP&T’s GUIDELINES OF FRAMING/ AMENDMENTS OF RECTT. RULES.

            As a part of their action plan for the year 1987-88, the guidelines on framing/amendment of RRs were circulated by DOP&T vide their O.M. No. AB-14017/12/1987-Estt. –RR dated 18^th March, 1988 to all the Ministries/Department of Govt. of India .  The salient features of these guidelines are as under :

 GENERAL GUIDELINES.

=           As soon as new posts /service(s) are created or upgraded or restructure of the service if any, action should be taken immediately by the administrative Ministries/Departments to frame the rectt. rules.

=          The rectt. rules should be framed for all posts which are likely to last for one year or more.  Posts which are created for a lesser duration may be filled on deputation by drawing officers from other offices of the Central Government, holding posts on appropriate level and possessing necessary qualifications and experience required for the performance of duties attached to the post (s).

 AUTHORITIES COMPETENT TO APPROVE DRAFT RULES

 =          All rectt. rules including amendments should be approved by the Minister In-Charge unless the Minister has by general or special order authorized such approval at a lower level.  The following scheme of delegation is suggested in the guidelines:-
 

FORMAT & FORMS

=          Rectt. Rules for Group `A’&`B’ posts/services approved by the administrative Ministries/Departments should be sent to DOP&T on their respective files along with a self contained note accompanied by the following:-

             (i)                Draft rectt. rules in Performa in Annexure-I (14 columns schedule).
             (ii)               Supporting particulars in Annexure-II and III.
             (iii)              Rectt. Rules for the feeder post and the higher post if any.
            (iv)             Present sanctioned strength of the post for which rectt. rules are being
                               framed as  also of the lower and higher post.

 =          After the rules are approved by the DOP&T, the administrative Ministry/ Department send the proposal alongwith a self contained note and the documents listed as above to UPSC for obtaining approval of the Commission. After conveying approval of the Commission to the concerned Ministry, the approved RRs. are required to be notified within ten weeks after these are vetted by the Legislative Department and four copies of the notified rectt. rules are required to be furnished by the administrative Ministry/ Department to the Commission for their record.

 MAXIMUM AGE-LIMIT FOR DIRECT RECRUITS

MAXIMUM AGE LIMIT FOR DEPUTATIONISTS – Not to exceed 56 years.

(ISTC)
 

EDUCATIONAL QUALIFICATIONS FOR DIRECT RECRUITS.

=          The qualifications are required to be incorporated under column 8 of the schedule.  The educational qualifications and experience are divided into two parts i.e. Essential Qualification and Desirable Qualification.  These requirements vary from post to post depending upon scale of pay and nature of duties.  No class or division in the educational qualification are permitted/allowed.

 =          The following relaxation clause in the educational qualification under  col.8 are being incorporated in the rules:-

Note.1 : Relaxation at the discretion of the UPSC/SSC in the case of candidates otherwise well qualified.

Note.2 : The qualifications regarding experience is/are relaxable at the discretion of the UPSC/SSC/Competent Authority in the case of candidates belonging to Scheduled Castes and Scheduled Tribes if at any stage of selection.

=          The Rectt. Rules should precisely state whether the age and educational qualification prescribed for direct recruits apply to the promotees under col.9  These educational qualifications generally are not insisted upon in the case of promotees to the posts of Non-technical nature but for scientific and technical,  these should be insisted upon.  

PROBATION PERIOD

 =          Every officer on appointment to the service either by direct recruitment or by promotion in junior scale shall be on probation generally for a period of two years provided that the controlling authority may extend the period of probation in accordance with the instructions issued by the Government from time to time.

 METHOD OF RECRUITMENT

 =          The different methods of recruitment are as under:-

i)                    Promotion.

ii)                   Direct Recruitment

iii)                 Deputation

iv)                 Absorption.

v)                  Re-employment

vi)                 Short-term Contract

vii)               Composite Method.

 PROMOTION

 =          For considering promotion generally the feeder grade posts should range from three to five times the number of sanctioned posts in the grade in case the post in the higher grade is to be filled on selection basis.   In case posts to be filled on promotion on seniority-cum-fitness (Non-Selection) it is not necessary  that the feeder grade should consist three times of the posts in the higher grade.  

 DIRECT RECRUITMENT

 =          Where direct recruitment is proposed under col. 11 the short-term vacancy caused by the incumbent being away on deputation or long illness or study leave or under other circumstances for a duration of one year or more may be filled on deputation basis from the officers of the Central Government :

a)  holding analogous posts on regular basis in the parent cadre/ department;  and

(b)  Possessing the educational qualifications prescribed for direct recruits under Col. 8.    This provision is required to be appended under col.11 of the schedule.

TRANSFER (ABSORPTION)

=          The word ‘Transfer’ has been substituted by the word ‘Absorption’ which may be kept as a method of recruitment when it is possible to get the services of suitable officers having the requisite qualifications and experience within the Central Govt. departments and State Govts.  The officer who will come under this method of recruitment may be permanently absorbed in the post/grade.  Officers from the Central/State Govts. will only be considered for absorption.

SHORT-TERM CONTRACT

=          This is also a form of deputation and applies to officers from non-govt. bodies i.e. Universities, Recognized Research Institutions, Public Sector Undertakings etc.  This method may be included in the rules if it is considered desirable that the above noted non-government bodies are also tapped.  In the case of isolated posts, it will be desirable to keep the method of recruitment of Deputation (ISTC).

DEPUTATION

=          Under Deputation (ISTC), an officer from outside can come for a limited period prescribed by the government and thereafter he will have to revert back to his parent cadre.  The officers who are coming on deputation will have to possess the educational qualifications and experience prescribed for direct recruits as well as the qualifying service.

RE-EMPLOYMENT (For Ex-Servicemen)

=          In respect of Group ‘A’ and ‘B’ posts which are required to be filled on deputation only, of Govt. Servants belonging to more than one service, a provision is being made in the rectt. rules whereby the armed forces personnel due to retire or to be transferred to reserve within a period of one year and possessing requisite educational qualifications and experience are considered for appointment to such posts.

COMPOSITE METHOD (DEPUTATION (ISTC) PLUS PROMOTION)

=          In cases where the method of promotion is by ‘Selection’ and field of promotion consists only one post, the method of recruitment i.e. composite method – (Deputation-ISTC) Plus Promotion is prescribed so that the departmental officers is also considered along with the outsiders.  If the departmental officers is selected for appointment to the post the same will be treated having been filled by promotion otherwise the post is to be filled on deputation (ISTC) for the prescribed period.

PERIOD OF DEPUTATION (ISTC)

=          Generally the maximum period of deputation prescribed is 3,4 & 5 years’ depending upon the scale of pay attached to the post.

QUALIFYING SERVICE

=          The qualifying service considering promotion and deputation are contained in the revised guidelines of DOP&T vide their OM AB.14017/12/97-Estt. (RR) dated 25^th May, 1998.  These qualifying service (s) is /are being considered and provided in the rectt. rules under column 12 of the schedule.

 COMPOSITION OF DPC

 =          When promotion is kept as the method of rectt.,  detailed composition of Departmental  Promotion Committee is required to be indicated under col.13 of the schedule.  In cases of promotion to Group `A’ posts the UPSC shall be associated.   U.P.S.C. need not be associated in respect of posts where promotion is based on Non-Selection.  Further it shall not be necessary to associate the U.P.S.C. while making promotion to any Group `A’ Service or posts the maximum of the scale of pay of which is less than Rs.16500/= of an  officer holding any Group `A’ Service or posts.

 CONSULTATION WITH UPSC

 =          The circumstances in which UPSC is to be consulted in making rectt. to the post within their purview should be clearly indicated.  Cases in which the Commission are to be consulted are as under:-

     i)                    Direct Recruitment

ii)                   Re-employment.

     iii)                 Absorption

     iv)                 Composite Method.  The departmental candidate is to be considered along with outsiders, the selection shall be made by the Commission.

     v)                  Promotion from one Group `A’ post to another Group `A’ post, consultation with the Commission is not necessary as per UPSC (Exemption from Consultation) Regulations, 1958.  However, association of UPSC will be necessary.

     vi)                 Deputation (ISTC).

 =          It shall not be necessary to consult the UPSC while making direct rectt. to any Group `B’ Service or post which is in the scale of pay the maximum of which is below Rs.10500/-.

=          When the field of selection for deputation for filling up Gr. `A’ posts consist of Central Govt. only consultation with Commission for selection of an officer is not necessary.  If the field for consideration includes State Govt., UTs for filling up Gr. `A &B’ posts selection for the post should be done  through the UPSC.   When field for consideration is made broad based and consist not only Central/ State Government officers but also officers from Non-Government Institutions, such as PSUs, Autonomous bodies, Universities etc. the selection shall be done through UPSC.

 POWER TO RELAX

=          Any relaxation or amendments of the provisions of the existing rectt. rules shall be considered in consultation with UPSC as per “Power to Relax” clause.    This will also be provided in the covering notification. 

=          Relaxation of rules is to be resorted to on rare occasions.  Such relaxation should not be a regular feature. 

REVIEW OF NOTIFIED RECTT. RULES

=          The existing notified rectt. rules must be reviewed/amended once in five years.

ORGANISED SERVICES.

=          For organized Services, Comprehensive service rules shall be framed covering, inter-alia, the following aspects:-

1. Short Title and Commencement
2. Definitions
3. Constitution
4. Grades, Authorized Strength and its review.
5. Member of the Service.
6. Initial Constitution of the service
7. Future maintenance of the service
8. Appointments by transfer on deputation
9. Seniority
10. Probation
11. Appointment to the service
12. Liability for service in any part of India and other conditions of service
13. Disqualifications
14. Power to relax
15. Savings
16. Interpretation
17. Repeal

 DETERMINATION OF MODE OF RECRUITMENT

 =          Where the Ministries/Departments are not in a position to make regular appointments for the reasons that the rectt. rules therefore are still to be framed, one   time mode is being decided by the Commission as  a one time measure, pending finalization  /  notification of the recruitment rules as per provisions contained in D O P & T O .M. No.39021/5/83 - Estt.  (B)   dated  5.2.1986.

INFORMATIONAL AIDS

 =          In order to facilitate framing of rectt. rules, the Ministries/Departments are required to make use of the following materials :
       i)                    Handbook of rectt. rules with supplements

ii)                   Instructions on probation and constitution of DPCs

iii)                 UPSC (Exemption from consultation) Regulations,1958

iv)                 Model rectt. rules framed and issued by the DOP&T in respect of various categories of posts available in the Handbook of rectt. rules.