Thursday, March 07, 2013

Can government recruitment rules be relaxed? 12 facts on sarkari procedures

IT'S not a cakewalk to master Sarkari rules and procedures. Do you want to know the exact difference between recruitment rules and service rules? And how recruitment rules can be relaxed? Also, what’s the procedure for consultation with UPSC? Here are 12 facts you may like to know about government recruitment:

1) What are Recruitment Rules?
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. Recruitment Rules are subordinate legislation and so, they are statutory in nature.

2) What are Service Rules?
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?
The legal position is that the posts are to be filled up as per conditions prescribed in the Recruitment Rules in force at the time of vacancies unless the Recruitment Rules are amended retrospectively.

4) Why are Recruitment Rules framed?
Once a decision is taken to create a new post or service post or re-structure any service, the Recruitment Rules/Service Rules are framed.

5) Why are Recruitment Rules amended?
Revision in Recruitment Rules is made by way of incorporating 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 or amended?
Recruitment Rules for Group “A” and “B” posts are framed or amended by the administrative ministry or department in consultation with Department of Personnel and Training (DoPT), Union Public Service Commission (UPSC) and ministry of law (legislative department). The approval of concerned ministry or department needs to be obtained.

7) Why and how are Recruitment Rules relaxed?
The power to relax clause in the Recruitment Rules/Service Rules provides the authority to relax rules in respect of class or category of persons. The administrative ministry/department may resort to relaxation of rules in consultation with DoPT and UPSC.

8) What are model Recruitment Rules?
Model Recruitment Rules for a number of common categories have been framed in consultation with UPSC wherever required. While framing/amending Recruitment Rules, the model rules should be adhered to.

9) What is procedure for consultation with UPSC?
After obtaining the concurrence of the DoPT, the administrative ministry or department should refer the draft recruitment rules for posts/services which are within the purview of UPSC in a self-contained letter to the Commission.

10) What are the methods of recruitment?
The different methods of recruitment are: Promotion, Direct Recruitment, Deputation, Absorption, Re-employment and Short-term contract.

11) Whether any age limit prescribed for promotion?
Unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.

12) What needs to be done in case where posts are transferred to Ministries/Departments?
The ministries or departments concerned should mutually agree for transfer of posts and the same should be concurred by department of expenditure. Thereafter, the existing Recruitment Rule needs to be de-notified in consultation with DoPT, UPSC and law ministry. Suitable recruitment rules in the transferred department may be framed or amended following due procedure.

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