DOPT Published FAQs on Recruitment Rules
No. AB.14017/13/2013-Estt. (RR) (1349)Government of IndiaMinistry 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 statues 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 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?
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 interventing period.
6. How Recruitment Rules are framed/ amended?
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?
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 or 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 Personal &
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 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 concessions for
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 regards”.
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(s) 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 promotes?
Ans.
The educational qualifications are not generally insisted upon in the
case of promotion to posts of non-technical nature; but for scientific
and technical posts, these should be insisted upon, in the interest of
administrative efficiency, at least in the case of senior Group A posts
in the Pay Band-3 Grade Pay Rs.6600 and above. Sometimes the
qualifications for junior Group A posts and Group B posts may not be
insisted upon in full but only the basic qualification in the discipline
may be insisted upon.
23. Whether any age limit prescribed for promotion?
Ans.
Unless there are any specific grounds, the age limit prescribed for
direct recruits are not insisted upon in the case of promotees.
24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
Ans.
The probation is prescribed when there is direct recruitment, promotion
from one Group to another e.g. Group B to Group A or officers
re-employed before the age of superannuation. There will be no probation
for promotion from one grade to another but within the same group of
posts e.g. from Group ‘C’ to Group ‘C’ and for appointment on contract
basis, tenure basis, re-employment after superannuation and absorption.
The period of probation is as prescribed in this Department OM No.
Ab-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.10.1 & 3.10.2).
25. What are the methods of recruitments?
Ans. The different methods of recruitment are:
(a) Promotion
(b) Direct Recruitment
(c) Deputation
(d) Absorption
(e) Re-employment
(f) Short-term contract
26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
Ans.
The percentage of vacancies to be filled by each method that may be
prescribed for a particular post or Service depend on a judicious
blending of several considerations, e.g.,
(i) the nature of duties, qualifications and experience required:
(ii) the availability of suitable personnel possessing, the 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 (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 come 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 of 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’ & ‘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 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 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?
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?
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.
