Check list for sending proposals to DOPT for framing/amendment of Recruitment Rules

No.AB.14017/37/2012-Estt (RR) (6943)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training) 

Room No.215-A/II, North Block, New Delhi

Dated the 28th January, 2013

OFFICE MEMORANDUM

Subject: Check list for sending proposals to DOPT for framing/amendment of Recruitment Rules.

The undersigned is directed to state that instructions on framing / amendment of Recruitment Rules prescribe that the proposal for framing / amendment Recruitment Rules for Groups ‘A’ & ‘B’ posts /services as approved by the Administrative Ministry / Departments should be referred to this Department in certain format (viz Annexure I to III) and accompanied with other documents / information, for consideration of this Department. It has been noticed that the proposals sent by the Ministry / Department are not complete in all respects and this Department has to return the proposal seeking further information/documents/clarification for considering the proposal. Further, this Department has taken a decision that proposals for framing/amendment/revision of RRs shall now be processed on-line only and after freezing the proposal by this Department, the physical file will be accepted for concurrence.

2. In order to facilitate easy and early concurrence on proposal for framing / amendment of Recruitment Rules, a check list to be used while sending such proposals to this Department is enclosed. It is requested that all proposals for frarning / amendment Recruitment Rules, being sent to this Department on file, must invariably accompany this Check list duly filled in.

3. Hindi Version will follow.

sd/-
(Mukta Goel)
Director(Estt-I)

DOPT OM No. AB.14017/37/2012-Estt(RR)(6943) Dated 28.1.2013

CHECK LIST FOR THE MINISTRIES / DEPARTMENTS FOR SENDING PROPOSALS TO DOPT FOR FRAMING/AMENDING OF RECRUITMENT RULES
   

1.	Check list enclosed	YES/NO/NA
2.	Whether the proposal related to Group ‘A’ or ‘B’ posts	YES/NO/NA
3.	Whether there is any deviation from the guidelines on RRs in regard to the proposal related to Group ‘C’ posts	YES/NO/NA
4.	For RRs to be considered on line in case of the proposal related to Group ‘A’ or ‘B’ posts (excluding Service Rules):-	YES/NO/NA
(a)	Whether the Annexure I and Annexure II or Annexure III has been filled up completely	YES/NO/NA
(b)	Whether Hierarchy chart has been filled up	YES/NO/NA
(c)	Whether the contact details of the officer forwarding the proposal has been given	YES/NO/NA
5.	For RRs to be considered in file in case of the proposal related to Group ‘A’ or ‘B’ posts (excluding Service Rules):	YES/NO/NA
(a)	Whether the proposal has been sent on-line to DOPT	YES/NO/NA
(b)	Whether the proposal has been freezed by DOPT for sending the same on file	YES/NO/NA
(c)	If the proposal sent on-line has been freezed, the copy of report in regard to Schedule (Annexure-I) and Annexure II or Annexure III, as the case may be, enclosed	YES/NO/NA
6.	For Service Rules:	YES/NO/NA
(a)	Schedule (Annexure-I) enclosed	YES/NO/NA
(b)	Annexure II, if it is case of framing of RRs, enclosed	YES/NO/NA
(c)	If yes, whether annexure-II is signed	YES/NO/NA
(d)	Annexure III, if it is a case of amendment of RRs, enclosed	YES/NO/NA
(e)	If yes, whether annexure-III is signed	YES/NO/NA
7.	In case post created or upgraded, order furnished	YES/NO/NA
8.	IEn case post re-designated, order furnished	YES/NO/NA
9.	In case of addition or abolition of posts, the Order sanctioning additional / new posts or abolition of posts enclosed.	YES/NO/NA
10.	Duties of posts furnished	YES/NO/NA
11.	Hierarchy of chart along with pay band & Grade pay and method of recruitment furnished (both existing & proposed)	YES/NO/NA
12.	Whether initial constitution clause, where the RRs are framed for the first time and there are officer already holding the posts on regular basis, inserted	YES/NO/NA
13.	Whether the method of recruitment, prescribed by UPSC as one time method of recruitment in absence of RRs of post(s), intimated	YES/NO/NA
DOPT OM No. AB.14017/37/2012-Estt (RR)(6943) dated 28 .1.2013
14.	Whether promotion proposed	YES/NO/NA
15.	If yes, whether Recruitment Rules for feeder posts enclosed	YES/NO/NA
16.	Whether other promotional channel available to feeder post	YES/NO/NA
17.	Whether successful completion of mandatory training in the relevant field included as a criteria for promotion to be considered by DPC	YES/NO/NA
18.	Whether Deputation has been proposed	YES/NO/NA
19.	1f yes, the field of Deputation is as per guidelines	YES/NO/NA
20.	Whether short term contract also included	YES/NO/NA
21.	Whether provision for Armed Forces Personnel made	YES/NO/NA
22.	If yes, whether ranks of Armed Forces Personnel indicated	YES/NO/NA
23.	Whether composite method has been proposed	YES/NO/NA
24.	1f yes, whether there is only I feeder grade post against 1 post in the higher grade.	YES/NO/NA
25.	Whether Direct Recruitment has been proposed	YES/NO/NA
26.	If yes, whether further promotional avenues available to direct recruits	YES/NO/NA
27.	Whether Age limit for direct recruits prescribed is in order	YES/NO/NA
28.	Whether provision for filling short term vacancies made in Recruitment Rules when Direct Recruitment is the only method proposed	YES/NO/NA
29.	Whether period of experience proposed is in order	YES/NO/NA
30.	Whether Educational Qualifications for direct recruits apply to promotees (for Scientific and Technical posts in Senior Time Scales and above.	YES/NO/NA
31.	n case Educational Qualifications for direct recruits are proposed to be modified and are to be applied to promotees, whether safeguards provided for existing incumbents	YES/NO/NA
32.	Whether standard note in relevant columns (No.6, 7, 10 & 11 of the Schedule i.e. Annexure I) enclosed	YES/NO/NA
33.	Composition of separate Departmental Promotional Committee for promotion and or confirmation intimated	YES/NO/NA
34.	Whether the composition of DPC includes minimum number of officers and UPSC has been associated wherever prescribed	YES/NO/NA
35.	In case of amendment, whether copy of existing Recruitment Rules furnished.	YES/NO/NA
36.	Whether reasons for amendments specified	YES/NO/NA
37.	In case of framing of RRs, Order for creation of posts enclosed.	YES/NO/NA

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_37_2012-Estt.RR-28012013.pdf]

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One more reference order...

Suggestion of one-time method of recruitment in special circumstances by the Union Public Service Commission - Clarification on.

No.AB.14017/79/2006-Estt. (RR)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi

Dated the 6th September, 2007

Subject : Suggestion of one-time method of recruitment in special circumstances by the Union Public Service Commission - Clarification on.

Attention is invited to para 6 of this Ministry's OM No.39021//5//83-Estt. (B) dated 9th July, 1985 communicating that where the Ministries/Departments are not in a position to make regular appointments for the reason that the recruitment rules therefore are still to be framed, they could make an immediate reference to the UPSC for deciding the mode of recruitment to the post along with their suggestions, and that on receipt of such a reference, the Commission would advise on the mode of recruitment and that the appointment made according to the advice given by the Commission would be treated as regular appointment. Based on the enabling provision as above, the Commission has till recently been suggesting one time method of recruitment in the following circumstances :-

(i) When a new post is created and there is the necessity of filling the post urgently in the absence of Recruitment Rules ;

(ii) When existing RRs become inoperative on account of the same being inconsistent with the guidelines on educational qualifications, experience etc. laid down by the concerned agencies like AICTE, UGC and MCA;

(iii) Where there is a change in the pay scales (based on the recommendations made by Pay Commission, etc.,) resulting in change in qualifying service for consideration of officers for appointment; and

(iv) Where RRs have been approved by the commission and there is the likelihood of delay in notification.

2. The Supreme Court in Civil Appeal No. 6332 of 2005 — Union of India through Government of Pondicherry and Anr. Vs. V. Ramakrishnan and Others has made inter alia the following observations in its judgment passed on 7.10.2005:-

A rule does not become inoperative only because the UPSC says so. A rule validly made even if it has become unworkable unless repealed or replaced by another rule or amended, continues to be in force.”

"Valid rules made under proviso appended to the Article 309 of the Constitution of India operates so long the said rules are not repealed and replaced. The draft rules, therefore, could not form the basis for grant of

promotion, when rules to the contrary is holding the field.”

3. The observations of the Apex Court have been examined in consultation with the UPSC. The stand of the Apex Court is unexceptionable as RRs are statutory and they will not cease to operate unless they are repealed. In this context, it has been decided that it will not be feasible or advisable for the UPSC to suggest one time method of recruitment in cases where Recruitment Rules exist even if they are perceived as unworkable. In such situations, the administrative Ministries/Departments will have to process necessary amendments required in the Recruitment Rules and, thereafter, initiate the recruitment process. Only where no Recruitment Rules exist or where the existing Recruitment Rules are repealed as per the prescribed procedure, the option of approaching the UPSC for one time method would, henceforth, be available.

4. The various administrative Ministries/Departments are requested to note the guidelines as above for compliance and ensure that no superfluous proposals for suggestion of one time method is referred to the Union Public Service Commission. Wherever Recruitment Rules have become inoperative for any reason whatsoever, immediate action to carry out necessary amendments, thereto, shall be taken, in consultation with the DOPT and the UPSC, wherever necessary.

5. Hindi version will follow.

sd/-

(Smita Kumar)

Director

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB_14017_79_2006_Estt(RR).pdf]