entral government recruitment rules have been notified by the Department of Personnel and Training of Ministry of Personnel, Public Grievances and Pensions as per the provisions in Article 309 in The Constitution of India. The article 309 empowers the Parliament of India or State Legislature to frame and implement the laws that regulate recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or the State, as the case may be.
Article 309 also authorises the President or the Governor to make rules for the above purposes until provision in that behalf is made by or under an Act of Parliament or the State Legislature.
Why Recruitment Rules?
The Recruitment Rules have been framed because as soon as decision is taken to create a new post or service to upgrade any post or re-structure any service, these rules or Service rules will be required. So, any post which is being filled up or any service which is being created is as per the provisions of the Recruitment or Service Rules.
How Recruitment Rules are framed?
Recruitment Rules for Group 'A' & 13' posts/service are framed/ amended by the administrative ministry or 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.
As per the provision, 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.
While for Group ‘Ç’ posts, administrative ministry or departments are empowered to frame or amend the Recruitment Rules in respect keeping in view the guidelines or Model Recruitment Rules issued by this department on various aspects. In case of deviation from existing guidelines or Model Recruitment Rules, the concurrence of Department of Personnel and Training is to be obtained.
Whenever there is a required of relaxation in Recruitment Rules for Group ‘Ç’ posts, the ministries or departments are competent to relax. The provisions governing upper age limit or qualifications for direct recruitment can’t be relaxed without prior concurrence of Department of Personnel & Training.
Model Recruitment Rules
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 or amending Recruitment Rules for such posts, the model rules should be adhered to.
Reservation, Relaxation & Concessions for Recruitment Rules
Reservation, Relaxation & Concessions for Recruitment Rules are made applicable by inserting the following ‘Saving Clasuse’ 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.”
Upper Age Limit for Direct Recruitment
The upper age limits for different posts depend upon the nature of duties, educational qualifications and experience requirements as prescribed by Department of Personnel and Training. For relaxations for upper age limit in direct recruitment a provision is prescribed in the recruitment rules, especially for departmental candidates up to 40 years for Group ‘Ç’ posts and for Government servants up to 5 years for direct recruitment to Group ‘Á’ & ‘B’ posts.
For calculation of crucial date for age limit, 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.)
Educational and Other Qualification for Direct Recruitment
The minimum educational qualifications and experience required recruitment may be indicated as precisely as possible and if necessary, into two parts, viz., "Essential Qualifications" and "Desirable Qualification 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 post in the same hierarchy.
However, 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 Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon.
Similarly, unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.
Probation for Appointment
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.
Methods of Recruitment
There are five types of method of recruitment: promotion, direct recruitment, deputation, absorption, re-employment, short-term contract. To decide the method of recruitment, the percentage of vacancies to be filled by each method that may be prescribed for 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 direct recruitment (c) deputation (d) absorption (e) re-employment (f) short-term contract.
What is Deputation?
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. The maximum age for appointment on deputation is 56 years on the closing date of application.
What is short term contract?
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) Central Government posts.