Establishment Rules

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Establishment Rules

• A Quick Overview
• (Prepared by Savithri S Mani)

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How we are governed

• Constitutional Provisions
• Acts of Parliament
• Statutory Rules
• General Guidelines

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Establishment Rules An overview

• Authority to frame Recruitment Rules Proviso to
  Article 309
• Enabling provision for Reservation in Service
  Article 16(4), 16(4A)16(4B)
• Nodal Agency for Personnel Matters Department
  of Personnel Training
• The term Central Government means
  Minister-in-Charge of the Nodal Agency

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Establishment Rules An overview

• The term Administrative Ministry means
  Minister incharge of the Administrative Ministry
  / Department
• Reservation in service in mandatory unless
  specifically exempted
• Since 2nd July, 1997, Reservation is Post based

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Recognized Methods of Recruitment

• Direct Recruitment
• Promotion
• Deputation
• Short Term Contract
• Absorption
• Reemployment (Ex-Servicemen)

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Modes of Recruitment Per Centage of Reservation

• Direct Recruitment
• All India Basis Open Competition
• Otherwise than All India Basis Open Competition
• Regional Recruitment
• Promotion
• Limited Departmental Competitive Examination
• Selection
• Non-Selection

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All India Basis Open Competition

• Any recruitment through UPSC or by means of
  written examination by SSC or any other authority
  falls in this Category. Thus, as long SSC or for
  that matter any Authority holds a written
  competitive Examination, it is called All India
  Basis by Open Competition. But if UPSC (only
  UPSC) undertakes recruitment without a written
  competitive examination i.e. by interview alone
  even then it fall in this category

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All-India basis otherwise than open competition

• Recruitment by any authority other than UPSC, by
  not conducting a written competitive test. For
  example, if Staff Selection Commission is holding
  a recruitment by not holding a written
  competitive exam, the recruitment is All India
  basis otherwise than open competition

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Local or Regional Recruitment

• Central Government also undertakes direct
  recruitment on local or regional basis and the
  recruitment thus is not on All-India basis. In
  this only candidates domiciled in the particular
  region or locality can apply. Normally, such
  recruitment takes place to Group C posts in
  Central Government Offices located in a State or
  adjoining States.

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Percentage
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Direct Recruitment Procedure

• Calculate anticipated and existing vacancies
• Apply reservation
• Adjust surplus employees or obtain
  non-availability certificate from Surplus Cell
• Notify vacancies
• Selection Tests

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Direct Recruitment Procedure

• Character and Antecedents Verification and
  Medical Examination
• Appointment Offer
• Offer of appointment will lapse automatically
  after the expiry of six months
• Appointment order
• Oaths and Declarations
• Posting Order, Service Book, Pay Fixation

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Probation and Confirmation

• Meaning and Purpose
• Period of Probation
• Direct Recruitment 2 years except those with
  pay gtRs. 5000 (minimum pre-revised) or age at
  entry gt 35 and no training is prescribed where
  it is 1 year
• Promotion within same group Nil Others 2
  years

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Probation and Confirmation

• Reemployment 2 years
• Transfer on Deputation Nil
• Absorption Nil
• Short Term Contract Nil
• Probation Assessment by DPC
• Completely satisfactorily
• No Yet Fit
• Extension of probation not more than one year
  at a time (total period not to exceed double the
  normal period)

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Probation and Confirmation

• Probation to continue when under suspension or
  charge sheet has been issued or disciplinary /
  criminal case is pending
• Decision to be taken within six to eight weeks of
  completion
• If not successfully completed, short comings to
  be communicated

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Probation and Confirmation

• Review by DPC
• Satisfactory Completion
• Discharge / Revert
• Approval by competent authority
• Issue orders.

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Eligibility for Confirmation

• The person is educationally qualified (unless
  relaxed) at the time of recruitment to hold his
  initial appointment and meets the educational
  qualifications prescribed under the RR
• The person satisfied the age limits prescribed in
  RR at the time of appointment in the grade unless
  exempted or relaxed at the time of appointment by
  the competent authority.

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Eligibility for Confirmation

• He had been medically examined by appropriate
  medical authority and found fit unless exempted.
• He has passed all the prescribed tests / training
  laid down for the particular post.
• Vigilance clearance
• Satisfactory completion of period of probation.

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Seniority

• The inter-se seniority of direct recruits is
  determined on the basis of their merit in the
  selection test. The appointment offers are valid
  upto a maximum of six months and will
  automatically expire at the end of this period.

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Seniority

• However, if the competent authority, may at the
  discretion revive the offer of appointment.
• Seniority will be affected
• Candidate to be placed at the bottom of the
  batch, provided nobody from the subsequent batch
  has joined before the candidate.

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Seniority

• If any candidate from the subsequent batch has
  joined, he / she will be placed at the bottom of
  the subsequent batch.
• The inter-se seniority of promotees will be
  determined as per the order in the panel
  recommended by the DPC.

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Seniority

• The officers refusing promotion will be debarred
  from promotion for one year and they will be
  losing seniority vis-à-vis the juniors promoted
  in the meantime.
• The relative seniority of direct recruits and
  promotees will be determined on the basis of
  rotation of the quota as per prescribed
  percentage. After rotation of the prescribed
  percentage, excess, if any would be bunched at
  the bottom.

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DPC Procedure

• Draw Eligibility
• Crucial Date 1st January
• Financial year Calendar year
• Zone of consideration
• Upto 10 vacancies
• 15
• 2 or more 2X4

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Zone of Consideration

• Above 10 vacancies
• 1-1/2 times the vacancies, rounded off to the
  next higher number plus 3 but should not be less
  than 24.
• Extended Zone (SC / ST)
• Five time the number of vacancies

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Effects of Certain Events

• Schedule Caste Hindu or Sikh
• Schedule Tribes Religion No Bar
• Effects
• Conversion (SC) Loses benefit (except Buddhism)
  (to be intimated to appointing authority)
• Conversion (ST) No effect
• Reconversion Gets back benefit , if accepted by
  the Society fresh certificate required

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Effects of Certain Events

• Marriage No effect Children may get
• Migration No effect
• Adoption Depends on the status of the legal
  parents.