FAQ by DoPT of Recruitment Rules – Deputation, Qualifying Service, Promotions, Absorption etc.

 FAQ by DoPT of Recruitment Rules – Deputation, Qualifying Service, Promotions, Absorption etc.

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?
2. What are Service Rules?
3. Whether Recruitment Rules are applicable retrospectively?
4. Why are Recruitment Rules framed?
5. Why are Recruitment Rules amended?
6. How Recruitment Rules are framed/ amended?
7. Why and how are Recruitment Rules relaxed?
8. Who is competent authority to frame/amend the Recruitment Rules?
9. Who is competent authority to frame/amend the Recruitment Rules of Group 'C' posts?
10. Who is competent authority to relax the Recruitment Rules of Group 'C' posts?
11. What is the format/ procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of Recruitment Rules?
12. What are model Recruitment Rules?
13. What is procedure for consultation with Union Public Service Commission?
14. What is initial constitution clause in Recruitment Rules?
15. Whether reservation, relaxation of age limit and other concessions for special categories of persons are applicable in Recruitment Rules .
16. What is the schedule in Recruitment Rules?
17. What is notification part of Recruitment Rules?
18. What are the upper age limits prescribed for Direct Recruitment?
19. What are relaxations available for upper age limit in direct Recruitment Rules?
20. How to calculate crucial date for age limit?
21. How is the educational and other qualification required for direct recruit fixed?
22. Whether the educational qualifications prescribed for direct recruits are applicable to promotees?
23. Whether any age limit prescribed for promotion?
24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
25. What are the methods of recruitments?
26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
27. What is promotion?
28. What is Direct Recruitment?
29. What is Deputation?
30. What is short term contract?
31. Whether absorption and Deputation are synonymous? What is absorption?
32. What is composite method of recruitment?
33. How is field of deputation decided?
34. How is the period of qualifying service for promotion decided?
35. What is the maximum age limit for Deputation?
36. What is the crucial date for determination of eligibility of absorption) deputation?
37. How is Departmental Committee formed?
38. What are the circumstances in which Union Public Service Commission is to be consulted for recruitment?
39. Whether recruitment to a post can be made in absence of recruitment rules of a post?
40. What are the limits for notification of Recruitment Rules?
41. What needs to be done in case where posts are transferred to some other Ministries/ Departments?

1. What are Recruitment Rules?

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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?

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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?

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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?

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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?

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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?

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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?

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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 consultation with Department of Personnel & Training and Union Public Service Commission.

8. Who is competent authority to frame/amend the Recruitment Rules?

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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?

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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?

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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?

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Ans. Proposal for framing/ amendment of Recruitment Rules fs r Group 'A' & Group 'B' posts (except Service Rules) is sent to Department f 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?

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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?

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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) ha been obtained in respect of the proposals in question.

14. What is initial constitution clause in Recruitment Rules?

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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 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?

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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?

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Ans. The schedule of Recruitment Rules of post(s) is a 13 columns table as per prescribed Annexure-I (vide OM No. AB-14017/48/20l0-Esft. (RR) dated 3 1.12.2010) 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?

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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?

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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- 14017/48/201 0-Estt (RR) dated 31 .1 2.2010 (Para 3.7.4.1 & 3.7.4.2).

19. What are relaxations available for upper age limit in direct Recruitment Rules?

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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?

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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?

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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?

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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?

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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?

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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 3 1.12.2010 (Para 3.10.1 & 3.10.2).

25. What are the methods of recruitments?

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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?

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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 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 (I) short-term contract (mentioned at (a) to (f) above).

27. What is promotion?

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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 qualif5ring 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?

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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?

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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?

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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?

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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 I State Government.

32. What is composite method of recruitment?

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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 I 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?

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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?

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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. AB1 4017/48/2010-Estt (R.R) dated 31.12.2010 (para 3.12.2).

35. What is the maximum age limit for Deputation?

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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?

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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?

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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?

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Ans. 1.JPSC 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 nonG overnment 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?

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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?

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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?

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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
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB.14017_13_2013-Estt-RR.pdf]

Dopt Clarification Orders on Joining Time Rules

Dopt Clarification Orders on Joining Time Rules : Dopt has issued some clarifications as in the type of Questions and Answers.

Joining Time Rules

SI. No. / Frequently asked Questions / Answer

1. Whether Joining time / Joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization?

For appointment to posts under the Central Government on the results of a competitive examination and or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time.
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules}

2. When can the unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS (Joining Time) Rules provides that when a Government servant joins a new post without availing full joining time by reasons that—

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave.

3. Whether joining time can be combined with leave?
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

Dopt clarification orders on Honorarium

Dopt clarification orders on Honorarium...

Honorarium

Sl. No. / Frequently asked Questions / Answer

I. Upto what amount the Head of Department can grant honorarium?
The Ministries/Departments can grant honorarium upto Rs.5000/- per annum per employee and the Head of Department can grant honorarium upto Rs.2500/- per annum per employee. O.M. No.1711/9/85-Estt (Allowance) dated 23.12.1985 refers.


2. What are the rates of honorarium for translation work from regional language to English/Hindi and vice versa?
The rates for translation from regional languages to English/Hindi and vice-versa is Rs.120/- per thousand words of Ordinary Material and Rs.130/- per thousand words of Technical Material (including Codes / Manuals, etc.). This is subject to a maximum of Rs.5000/- per annum in each case, whether recurring or non-recurring. O.M. No.17011/04/2011-Estt.(AL) dated 1.4.2011 refers.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

FAQ on General entitlement of leave - Dopt

No. 21011/08/2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****

Establishment (Leave) Section

General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

No. 21011/08/2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section

General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Dopt orders FAQ on Policy of Reservation to SCs STs and OBCs

Dopt orders FAQ on Policy of Reservation to SCs STs and OBCs 

Q.1 : What is the Government on reservation for SCs, STs and OBCs?

And; Reservation to the SCs.  STs  and OBCs in case of direct recruitment on all India basis by open competition is given at the rate of 15%,  7.5% and 27% respectively. In case of direct recruitment on all India basis otherwise than by open competition, reservation for SCs. STs and OBCs is 16.66%, 7.5% and 25.84% respectively. In case of direct recruitment to Group C and D posts which normally attract candidates from a locality or a region, percentage of reservation for SCs/STs is generally fixed in proportion to the population of SCs and STs in the respective States/UTs. For OBCs it is fixed keeping in view the proportion of their population in the concerned State/UT and the fact that total reservation for SCs/STs/OBCs remains within the limit of 50% and reservation for OBCs remains within the limit of 27%.

Reservation in promotion by non-selection method is available to SCs and the STs in all groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively. In case of promotion by selection method reservation is available upto the lowest rung of Group ‘A’ at the same rates.In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (in pre-revised scale), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

Q.2 What are the key provisions of Reservation Policy?

Ans: Following are the key provisions of Policy of Reservation for SCs, STs and OBCs:

(i) SCs/ STs get reservation in all groups of posts under the Government in case of direct recruitment and in case of promotions made by non-selection method. In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

(ii) SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also promoted on their own merit are adjusted against unreserved posts.

(iii) In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (pre-revised), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

(iv) There is a general ban on dereservation of posts in case of direct recruitment.

(v) In case of direct recruitment various relaxations, like relaxations in age limit by 5 yerar; exemption from payment of examination/application fees; relaxation in qualification of experience at the discretion of UPSC/competent authority; relaxation in standard of suitability, etc. are available to members of SCs and STs.

(vi) In case of direct recruitment, OBCs get relaxation of 3 years in upper age limit, relaxation in standards of suitability, etc.

(vii) In case of promotion, zone of consideration is extended upto five times the number of vacancies in case suitable candidates are not available within normal zone of consideration; minimum qualifying marks/ standards of evaluation are relaxable; upper age limit is relaxable by five years where upper age limit for promotion is prescribed not more than 50 years.

(viii) There is a provision of appointment of liaison officers in all Ministries/ Departments to ensure proper implementation of reservation policy.

Q. 3:  What are the relaxations available to SCs/STs?

Ans:The relaxations that are available for the SCa and STs in direct recruitment are as follows:-
a) Relaxation in the upper age limit by five years;
b) Exemption from payment of examination / application fees;
c) Where interview is a part of the recruitment process, SC / ST candidates should be interviewed separately;
d) Qualification regarding experience can be relaxed in respect of SC / ST candidates at the discretion of UPSC / Competent Authority;
e) Standards of suitability can be relaxed etc.
The relaxations that are available for the SCs / STs in promotions are as follows:-
a) The zone of consideration is extended to five times the number of vacancies in case suitable SC / ST candidates are not available within the normal zone of consideration;
b) Minimum qualifying marks / standards of evaluation are relaxable;
c) Upper age limit relaxable by five years where upper age limit for promotion is prescribed not exceeding fifty years. etc.

Q.4.  What are the relaxations available to OBCs?

Ans: Relaxations available to OBCs in direct recruitment are as follows:
(i) Relaxation in the upper age limit by 3 years.
(ii) Qualification regarding experience can be relaxed at the discretion of Competent Authority.
(iii) Standards of suitability can be relaxed, etc.

Q.5. Who is an own merit candidate?

Ans: A candidate belonging to SC/ST/OBC who is selected on the same standard as applied to general category candidates and who appears in the general merit list is treated as own merit candidate. Such candidate is adjusted against unreserved point of the reservation roster. Department of Personnel and Training O.M. No.36011/1/98-Estt.(Res.) dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidate, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed to be unavailable for consideration against unreserved vacancies.

Q.6. What is the difference between post based reservation and vacancy based reservation?

Ans: Reservation to SCs. STs and OBCs prior to 2.07.1997 was implemented through vacancy based rosters in which case calculation of reserved vacancies depended on the total number of vacancies to be filled. The Supreme Court in the case of R.K. Sabharwal held that reservation in a cadre should be calculated on the basis of total number of posts in the cadre and not the vacancies. It means that  if reservation for SCs is 15% and cadre strength in a grade is 100, 15 posts will be reserved for SCs i.e. at any point of time 15 posts in this cadre should be held by SCs appointed by reservation. Whenever their representation comes down, it would be completed.

Q.7: What is a Backlog vacancy and why are so many backlog vacancies in services?

Ans: Backlog Revered Vacancies of a category are those vacancies which were earmarked reserved for that category in and earlier recruitment year but remained unfilled in the previous recruitment attempt on account of non-availability of suitable candidates belonging to that category and are still lying unfilled.
As per instructions issued by the DoP&T, if sufficient number of suitable SCs, STs and OBC candidates do not become available to fill up the vacancies reserved for them in the first attempt of recruitment, a second attempt is made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment year so that backlog reserved vacancies are not created. However, even after making such efforts the reserved vacancies are not filled up and backlog vacancies are created which are carried forward to the subsequent recruitment year, in which concerted efforts are made to fill up the backlog reserved vacancies as soon as possible.
It may be observed that reason of creation of backlog reserved vacancy is non-availability of reserved category candidates for some posts.

Q.8  Whether the ceiling of 50% reservation would apply to backlog reserved vacancies of SCs, STs and OBCs.

Ans.  Backlog reserved vacancies are treated as special and distinct group and ceiling of 50% reservation in a recruitment year does not apply to backlog reserved vacancies.

Q.9  What is the policy of Government about appointment of less qualified SCs, STs and OBCs candidates?

Ans: Instructions provide that in direct recruitment whether by examination or otherwise, if sufficient number of Scheduled Caste candidates are not available on the basis of the general standard to this community should be selected to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for Scheduled Castes cannot be filled on the basis of general standard, candidate belonging to SC community are taken by relaxed standard to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the post/posts in question.

In addition to the concession referred to above, instructions further provide that in cases where the requisite number of SC candidate fulfilling even the relaxed standards admissible in their cases are not available to fill the vacancies reserved for them in non-technical and quasi-technical Group C and D services/posts required to be filled by direct recruitment otherwise than by written examination, the selecting authorities should, to the extent of the vacancies reserved for SC. select for appointment the best among the SC candidates who fulfil the minimum educational qualification laid down in the notice for recruitment of advertisement. In order to bring such candidates to the minimum standard necessary for the posts and for the maintenance of efficiency of administration, they should be given in-service training.

Where some period of experience is prescribed as an essential qualification for direct recruitment to a post, an where, in the opinion of the Ministry/ Department concerned, the relaxation of the experience qualification is not inconsistent with efficiency, a provision is inserted under the "essential qualification’ in the relevant recruitment rules to the effect that UPSC/ Competent Authority may relaxed the experience/qualification in the case of SC/ST/OBC candidates.

Q.10. Why there is no reservation in case of promotion within Group A?

Ans: Reservation to SCs and STs is available at all levels in the matter of promotion by non-selection method. In case of promotion by selection they get reservation up to the lowest rung of Group ‘A’.  Though there is no reservation in promotion by selection within Group A, in ease of promotion by selection from a Group ‘A’ post having a maximum salary of Rs. 18,300/- or less( in pre-revised scale), the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, are included in that list provided they are not considered unfit for promotion. Thus sufficient care is taken to ensure that the SC/ST officers get promotion to such higher posts even if they do not meet the criterion laid down for general category candidates.

The Supreme Court in Indra Sawhney’s case had declared reservation in promotion ultra virus. However, in order to continue reservation in promotion, the 77th Amendment was made to the Constitution incorporating clause (4A) in Article 16 of the Constitution which enabled the State to continue reservation in promotion. The statement of Objects and Reasons of the Constitution (Eight-Sixth Amendment) Bill which became the Constitution (77th Amendment) Act, stated that the object was to continue the then existing dispensation. Since reservation in promotion was not available when promotions were made by selection within Group ‘A’ posts even before the judgment of the Supreme Court in Indra Sawhney case, the Department’s O.M. dated August 13, 1997 issued in pursuance of Article 16 (4A) has restored the previously existing dispensation, which did not provided for reservation in promotion by selection within Group ‘A’ posts.

Q.11  What is the objective behind the issuance of caste certificates to Scheduled Casts and Scheduled Tribes?

Ans. The main objective of issuance of caste certificate is to facilitate access of bonafide candidates belonging to the Scheduled Castes Scheduled Tribe and Other Backward Class to the reserved posts and services under the State and other facilities provided by the State to them.

Q.12. Whether the Government have achieved the objective behind the issue of caste certificate?

Ans. On the basis of caste certificates, large number of reserved category candidates have been able to secure employment in Government establishments, PSUs, Banks, autonomous bodies ets.; secure admissions to educational institutions; and get other facilities provided by the Government to the members of Scheduled Castes. Scheduled Tribes and Other Backward Classes.

Q.13  What is the procedure for issuing of Scheduled Caste/Scheduled Tribe/other Backward Class certificates? Who is the competent authority to issue the same?

Is any other authority other than specified, in any circumstances allowed to issue such certificates, If so, elaborate.
Ans. The instructions contained in this Department’s OM No.36012/6/88-Estt.(Res.) dated 24.4.90 and OM No.36012/22/93-Estt,(Res.) dated 15.11.1993 provide the Authorities who are competent to issue of caste certificates and also the proforma However, the Central Government accepts the certificates issued only by the following authorities in the prescribed proforma:
(1) District Magistrate / Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st class stipendiary Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.
(2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(3) Revenue Officer not below the rank of Thasildar and
(4) Sub-Divisional Officer of the area where the candidate and /or his family normally resides.

Q.14  What are the guidelines that have been issued to the appointing authorities in regard to scrutiny and verification of caste certificates of candidates at the time of their entry into Government service?

Whether the present guidelines on the subject are fool proof so that genuine SC/ST are not deprived of their Constitutional rights.

Ans. The Government of India has issued instructions regarding scrutiny and verification of the caste certificates of the candidates at the time of initial appointment and at every important upturn of employee’s career. This Department re-iterated the instructions vide O.M. No.36011/3/2005-Estt.(Res.) dated 9th September 2005.

Q.15  What are the guidelines in case of migration of a reserved category person from one state to another State?

Ans. When a person migrates from the portion of the State in respect of which his community is Scheduled to another part of the same State in respect of which his community is not scheduled, he will continue to be deemed to be a member of the Scheduled Caste or the Scheduled Tribe or the Other Backward Class, as the case may be in relation to that State; When a person who is a member from one State to another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which be originally belonged and not in respect of the State to which he has migrated.

Q.16  What action is taken when complaints are received about the genuineness of caste certificate once the appointments have been given or on detection of a prima facie case of a false SC/ST certificate at any stage of employment? Is there a set procedure to be followed for punish in such an employee?
Ans. The instructions contained in The Department of Personnel & Training’s O.M. No.11012/7/91-Estt.(A) dated 19-5-93 provide that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc. for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he in a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Govt. Servant, an inequity as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges ar proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.  Necessary action may also be taken under the provisions of the IPC for priduction of false certificates.

Q. 17  What is ‘Creamy Layer’ amongst OBCs?

Ans. The Supreme Court in Indra Sawhney case has unheld 27% reservation for OBCs in civil posts and services under the State subject to exclusion of socially advanced persons/ sections (creamy layer) from OBCs within 4 months form the date of judgment.
2. Following the above judgment of the Supreme Court, the Government had constituted an Expert Committee to make recommendations on the socio-economic criteria to be adopted for excluding the creamy layer amongst OBCs. The report of the Expert Committee was considered and accepted by the Government and the categories of the persons/ selections to be excluded from the purview of reservation orders for OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this Department. Initially, the Income limit of ‘creamy layer’ vide the aforesaid O.M. for exclusion of reservation was fixed Rs. 1 Lakh.
3. Last time, this income ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM No.36033/3/2004-Estt.(Res.) on 14.10.2008.

Q.18 What is the criteria to determine the ‘creamy layer’ amongst OBCs Employees working in PSUs?

Ans. The criteria prescribed for determining creamy layer status of some and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisation, Universities etc. and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of ‘Income/ Wealth Test’ given in the Schedule. The income/ wealth Test prescribes that the gross annual income of Rs. 4.5 lakh or above or possessing wealth above the exemption limit as prescribed in Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer.

Source: www.persmin.nic.in