FAQs on Recruitment Rules - DoPT
No.AB.14017/13/2013-Estt. (RR) (1349)
Government
of India
Ministry of Personnel, PG &
Pensions
(Department of Personnel & Training)
North Block, New Delhi
FAQs on Recruitment Rules
1. What are Recruitment Rules?
Ans. Recruitment Rules are rules notified under
proviso to Article 309
or any specific statutes for post(s) prescribing inter
alia the method
of recruitment and eligibility for such recruitment. It
contains
notification part having substantive rules and schedule
part (as per
prescribed Annexure-I). Recruitment Rules are
subordinate legislation
and so, they are statutory in nature.
2. What are Service Rules?
Ans. Service Rules are Recruitment Rules for any of
the Organized
Central Services covering many aspects including
constitution of the
Service, seniority, probation and other conditions of
service.
3. Whether Recruitment Rules are applicable
retrospectively?
Ans. The legal position is that the posts are to be
filled up as per
the eligibility conditions prescribed in the
Recruitment Rules in force
at the time of 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 post or
re-structure any service, the Recruitment Rules/
Service Rules are
framed. Any post is filled up as per the provisions of
the Recruitment
Rules / Service Rules.
5. Why are Recruitment Rules amended?
Ans. Revision in the Recruitment Rules is made by way
of amendment to
incorporate changes due to implementation of Central
Pay Commission
Report, modification of orders/ instructions on the
subject, creation/
abolition of posts etc. during the intervening
period.
6. How Recruitment Rules are framed/ amended?
Ans. Recruitment Rules for Group 'A' & B' posts/
service 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 authority to relax the rules in respect of
class or category of
person. The administrative Ministry/Departmental may
resort to
relaxation of the rules in consultation with Department
of Personnel
& Training and Union Public Service Commission.
8. Who is competent authority to frame/amend
the Recruitment Rules?
Ans. All Recruitment Rules including their amendments
should be
approved at the level of Minister-in-charge, unless the
Minister has by
general or special order delegated such approval at a
lower level(s).
9. Who is competent authority to frame/amend
the Recruitment Rules of Group 'C' posts?
Ans. Administrative Ministries/ Departments are
empowered to frame/
amend the Recruitment Rules in respect of Group 'C'
posts keeping in
view the guidelines/ Model Recruitment Rules issued by
this Department
on various aspects. In case of deviation from existing
guidelines/ Model
Recruitment Rules, the concurrence of Department of
Personnel &
Training is to be obtained.
10. Who is competent authority to relax the
Recruitment Rules of Group 'C' posts?
Ans. The Ministries/ Departments are competent to
relax the Recruitment
Rules for Group 'C' posts. The provisions governing
upper age limit or
qualifications for direct recruitment should not
however be relaxed
without prior concurrence of Department of Personnel
& Training.
11.
What is the format/ procedure to send the proposal for
consultation
with Department of Personnel & Training for
framing/amendment of
Recruitment Rules?
Ans. Proposal
for framing/ amendment
of Recruitment Rules for Group 'A' & Group 'B'
posts (except
Service Rules) is sent to Department of Personnel &
Training, first,
on-line under Recruitment Rules Framing Amendment and
Monitoring System
(RRFAMS) of the on-line services of Department of
Personnel &
Training. After approval of on-line Recruitment Rules
in Department of
Personnel & Training, the proposal is referred by
the Administrative
Ministry/ Department in a file with a self-contained
note accompanied
inter alia the following: -
(i) Check-list for sending proposal to Department of
Personnel & Training.
(ii) Copy of the
report of freezed on-line Recruitment Rules.
(iii) Draft Recruitment Rules including notification
and Schedule 1
(for posts) other than those in the Organized Services)
in the proforma
in Annexure I .
(iv) Supporting particulars
in Annexure II (for
framing of Recruitment Rules)/ Annexure-III (for
amendment of
Recruitment Rules), as prescribed in Department of
Personnel &
Training OM No. AB.14017/48/2010-Estt. (RR) dated
31.12.2010.
(v) Recruitment Rules for the
feeder posts(s) and the higher post, if any.
(vi) Present sanctioned strength of the post for
which rules are being framed/ amended as also of the
lower and higher posts.
12. What are model Recruitment Rules?
Ans. Model Recruitment Rules for a number of common
categories of posts
have been framed in consultation with Union Public
Service Commission,
wherever required. While framing/ amending Recruitment
Rules for such
posts, the model rules should be adhered to.
13. What is procedure for consultation with
Union Public Service Commission?
Ans. After obtaining the concurrence of the Department
of Personnel
& Training, the Administrative Ministry /
Department should refer
the draft Recruitment Rules for posts/ services which
are within the
purview of the Union Public Service Commission in a
self-contained
letter to the Commission, along with the information in
the prescribed
proforma (Check list, Annexure II/ Annexure-III etc.).
It should be
stated in the letter to the Commission whether the
clearance of the
Department of Personnel & Training (and also the
Department of
Pension & Pensioners' Welfare were required) has
been obtained in
respect of the proposals in question.
14. What is initial constitution clause in
Recruitment Rules?
Ans. In cases where a new service is formed and the
Recruitment Rules
are framed for the first time and that there are
officers already
holding different categories of posts proposed to be
included in the
service on a regular / long term basis, a suitable
'Initial
Constitution' Clause may be inserted in the
Notification so as to count
the regular service rendered by such officers before
the date of
notification of the Rules.
15. Whether reservation,
relaxation of age limit and other 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 regard".
16. What is the schedule in Recruitment Rules?
Ans. The schedule of Recruitment Rules of post(s) is a
13 columns table
as per prescribed Annexure-I (vide OM No. AB-
14017/48/2010-Estt. (RR)
dated 31.12.2010) containing details of the post(s)
along with method of
recruitment and eligibility criteria. The prescribed
schedule is used
for post() which are not covered by any organized
service.
17. What is notification part of Recruitment
Rules?
Ans. Notification of Recruitment Rules contains the
substantive include
the provisions related to title, date of commencement,
enabling
provision for applicability of schedule,
disqualification clause, power
to relax clause, saving clause and any other rule
specific to a post
viz. initial constitution clause, liability for all-
India Service etc.
18. What are the upper age limits prescribed
for Direct Recruitment?
Ans. The upper age limits for different posts depend
upon the nature of
duties, educational qualifications and experience
requirements as
prescribed in this Department OM No. AB-14017/48/2010-
Estt (RR) dated
31.12.2010 (Para 3.7.4.1 & 3.7.4.2).
19. What are relaxations available for upper
age limit in direct Recruitment Rules?
Ans. A provision is prescribed in the recruitment
rules for relaxation
of the upper age-limit for departmental candidates up
to 40 years for
appointment by direct recruitment to Groups C posts and
for Government
servants up to 5 years for direct recruitment to Groups
A and B posts:
20. How to calculate crucial date for age
limit?
Ans. In the case of recruitment through the Union
Public Service
Commission and the Staff Selection Commission, the
crucial date for
determining the age- limit shall be as advertised by
the UPSC / SSC. In
the case of other recruitment, the crucial date for
determining the
age-limit shall be the closing date for receipt of
applications from
candidates in India (and not the closing date
prescribed for those in
Assam etc.).
21. How is the educational and other
qualification required for direct recruit fixed?
Ans. The minimum educational qualifications and
experience required for
direct recruitment may be indicated as precisely as
possible and if
necessary, into two parts, viz., "Essential
Qualifications" and
"Desirable Qualifications" taking into account the pay
band/ grade pay
and the nature of duties, and the provisions in the
approved Recruitment
Rules for similar higher and lower posts in the same
hierarchy.
22. Whether the educational qualifications
prescribed for direct recruits are applicable to
promotees?
Ans. The educational qualifications are not generally
insisted upon in
the case of promotion to posts of non-technical nature;
but for
scientific and technical posts, these should be
insisted upon, in the
interest of administrative efficiency, at least in the
case of senior
Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and
above. Sometimes
the qualifications for junior Group A posts and Group B
posts may not be
insisted upon in full but only the basic qualification
in the
discipline may be insisted upon.
23. Whether any age limit prescribed for
promotion?
Ans. Unless there are any specific grounds, the age
limit prescribed
for direct recruits are not insisted upon in the case
of promotees.
24. When probation for appointment to a
post/service in Central Government is prescribed? What
is the duration of probation?
Ans. The probation is prescribed when there is direct
recruitment,
promotion from one Group to another e.g. Group B to
Group A or officers
re-employed before the age of superannuation. There
will be no probation
for promotion from one grade to another but within the
same group of
posts e.g. from Group 'C' to Group 'C' and for
appointment on contract
basis, tenure basis, re-employment after superannuation
and absorption.
The period of probation is as prescribed in this
Department OM No.
AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para
3.10.1 & 3.10.2).
25. What are the methods of 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
require
(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 posts)( 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. 14017/48/2010-Estt (RR) dated
31.12.2010 (para
3.12.2).
35. What is the maximum age limit for
Deputation?
Ans. The maximum age limit for appointment on
deputation (including
short term contract) or absorption shall be not
exceeding 56 years as on
the closing date of receipt of applications.
36. What is the crucial date for determination
of eligibility of absorption/ deputation?
Ans. The guidelines for crucial date for
determination of eligibility for absorption/ deputation
are as follows: -
(i) In the case of a vacancy already existing at the
time of issue of
the communication inviting nominations, the eligibility
may be
determined with reference to the last date prescribed
for receipt of
nominations in the Ministry/ Department/ Organization
responsible for
making appointment to the post i.e. originating
Ministry etc.
(ii) In the case where a vacancy is anticipated, the
crucial date for
determining eligibility should be the date on which the
vacancy is
expected to arise.
37. How is Departmental Committee formed?
Ans. When promotion is kept as a method of
recruitment, the detailed
composition of the Departmental Promotion Committee,
with minimum 3
officers, may be indicated. In the case of promotion to
Group 'A' posts,
the Union Public Service Commission shall also be
associated. The total
strength of DPC including Chairman need not
necessarily be an odd
number, as the decision is to be taken as a joint
one.
38. What are the circumstances in which Union
Public Service Commission is to be consulted for
recruitment?
Ans. UPSC is required to consult in case of
recruitment to all Central
Civil Services and Central Civil Posts. Exemption from
Consultation with
Union Public Service Commission is governed by the
Union Public Service
Commission (Exemption from Consultation) Regulations,
1958 as amended
from time to time and the Central Civil Services and
Civil Posts
(Consultation with Union Public Commission) Rules, 1999
as amended. Some
of the circumstances in which the Union Public Service
Commission are
to be consulted in making recruitment to the posts are
illustrated
below:-
(i) Direct Recruitment,
(ii) Re-
employment,
(iii) Absorption,
(iv) Composite method of recruitment ( i.e. where the
departmental candidate is to be considered along with
outsiders),
(v) In case of deputation - (a) if the field for
consideration includes
State Government Officers or Group 'A' & '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 t 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.
