Establishment Rules

1. Establishment Rules A Quick Overview (Prepared by: Savithri S Mani)

2. How we are governed • Constitutional Provisions • Acts of Parliament • Statutory Rules • General Guidelines

3. 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

4. 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

5. Recognized Methods of Recruitment • Direct Recruitment • Promotion • Deputation • Short Term Contract • Absorption • Reemployment (Ex-Servicemen)

6. 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

7. 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

8. 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

9. 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.

10. Percentage

11. 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

12. 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

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

14. 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)

15. 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

16. Probation and Confirmation • Review by DPC • Satisfactory Completion • Discharge / Revert • Approval by competent authority • Issue orders.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. DPC Procedure • Draw Eligibility • Crucial Date – 1st January • Financial year & Calendar year • Zone of consideration • Upto 10 vacancies • 1=5 • 2 or more 2X+4

24. 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

25. 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

26. Effects of Certain Events • Marriage – No effect – Children may get • Migration – No effect • Adoption – Depends on the status of the legal parents.