Office Memorandum

Delhi Administration : Delhi
(Services-II Department)

Dated :30-11-1988

OFFICE MEMORANDUM

Subject : Consolidated Guidelines for framing/amending and notification of recruitment rules for posts in Delhi Administration.  

1. Administrative Secretaries/Heads of Department have been empowered vide para 1(C) of this Administration's Order No. F.2(6)/86-S.I dated 30-12-1986 to frame and notify recruitment rules for various posts in the Administration. Procedure for processing such cases has also been laid down in this Administration OM No. 2(10)/86-S.II dated 09-03-1987.

2. Although guidelines issued by the Govt. of India for framing/amending recruitment rules for various posts/services as well as the procedure for finalisation of such matters were circulated from time to time among the departments of this Adminstration, it has been observed that some of the departments do not always process/frame the recruitment rules in accordance with these guidelines/procedure. Also, due care/consideration is not being given by the departments to various aspects involved in the framing of the rules; in other words, proposals are not prepared on the prescribed format, proper methods of recruitment not adopted, period of deputation not prescribed, qualifying service for promotion from one grade to another not indicated. It has, therefore, been considered necessary to consolidate the instructions/guidelines issued on the subject by Govt. of India and this Administration and circulate them among the departments for their guidance in order that, in future, RRs are framed properly and expeditiously.

3.

i. As soon as a decision is taken to create a new post/service, or to upgrade/restructure an existing post/service, action should be taken immediately by the concerned Administrative Department to frame recruitment rules therefore. Heads of Department who are competent to create posts etc. under their own powers should endorse a copy of the relevant sanctions to the concerned Administrative Department indicating therein whether the newly created posts are already covered by the existing Rules or fresh recruitment rules need to be framed. An officer not lower in rank under than an Under Secretary should initiate action for framing the recruitment rules for any new post/service would have already considered the basic requirements e.g. the nature of duties and qualification and experience required for manning the post/service, it should not be difficult to initiate action for the framing of recruitment rules simultaneously. A healthy convention will be to fill in a draft form, the proforma in Annexure-I and II at the time of creating new posts so as to avoid complications at the time of framing the recruitment rules.

ii. Recruitment rules are to be framed for all such posts as are likely to last for one year or more. Posts which are created for a lesser duration are to be filled on deputation basis by drawing officers from other offices of the Administration/Central Govt./State Govt./U.Ts holding posts of appropriate level and possessing necessary qualifications required for the performance of duties attached to the post

iii. Posts created in various Committees or Commissions set up by the Admn. for short durations are to be filled up by the Administrative Department concerned on deputation to the maximum extent possible by drawing persons from within their own department failing which by requisiting the required number of persons from the Services Department (for cadre posts) and failing both by re-employing retired pensioners belonging to the same or some other departments.

iv. If the above mentioned precautions are taken there should not be any need to resort to direct recruitment through Employment Exchange or otherwise. Where, however, direct recruitment is made, it should be on a clear understanding that their appointment will be coterminus with the life of the commission and that the persons appointed will not have any claim for regular absorption in the Administration.

v. Review of RRs :-  

The recruitment rules should be reviewed once in five years with the view to effecting such changes as are necessary to being them in confirmity with the changed position, including additions to or reductions in the strength of the lower and higher levels post.

vi. Consultation of model RRs  

Model recruitment rules for various categories of posts framed in consultation with the Union Public Service Commission have been circulated. The recruitment rules for such posts may be processed on the lines of the Model Recruitment Basis.

vii. Benefit of added years of service :-  

Where it is proposed to allow the benefit of service for pension admissible under Rules 30 of C.C.S. (Pension) Rules 1971, clearance from the Ministry of Finance may be obtained in accordance with the instructions issued by that Ministry.

viii. Initial constitution in new service :  

Where a new service is formed and recruitment rules are to be framed for the first time and where officers already holding different categories of posts are 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.

ix. A revised "Saving Clause" as given below may be inserted in the covering notification :  

"Nothing in these 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 ordered issued by the Central Govt. from time to time in this regard"

x. Publication of vacancy in Employment News :  

In order to have an adequate number of officers for posts proposed to be filled by 'deputation' the vacancy circulars should invariably be published in the 'Employment News'. This will be in addition to the normal method of circulation to various Ministries/Departments and other agencies mentioned in the recruitment rules. The minimum time allowed for receipt of nominations should be 2 months. If in a few cases where there are compelling reasons to fill the vacancy on urgent basis, a shorter time-limit, but not less than 6 weeks in any case may be prescribed with the approval of the Administrative Secretary concerned. When a reference is made to UPSC for selection on 'deputation' the departments should enclose a certificate to the effect that the vacancy circular has been dispatched to all the agencies prescribed in the rules and that the gist of the circular has appeared in the Employment News.

xi. Submission of quarterly return :-  

Quarterly returns in respect of the recruitment rules for posts/service should be sent in time to the Services-II Department in respect of all posts and to the Union Public Service Commission in respect of Group 'A' and 'B' posts, to enable them to keep a watch on the progress made in finalising the recruitment rules.

xii. Reference Books :-  

In order to facilitate framing of draft recruitment rules, the Departments are requested to make use of the following materials :  

1. Handbook on Recruitment Rules with Supplement of Govt. of India.  

2. Instructions on probation and Constitutions of DPCs.  

3. UPSC (Exemption from consultation) Regulations, 1958.

xiii. Authority for approving the RRs :  

All recruitment rules including their amendments shall be approved at the level of the Administrator, after obtaining the concurrence of the Services-II Department and the UPSC (where applicable).

xiv. Where the Recruitment Rules cover more than one Department, the same shall be notified by the Services-II Department only.  

"Nothing in these 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 ordered issued by the Central Govt. from time to time in this regard"    

4. Procedure for proceeding the proposal of RRs :-  

Recruitment Rules for all Group 'A', 'B', 'C' and 'D' posts/services as drafted by the Administrative Department, should be referred to the Services-II Department, first for advice, within a period of one month from the date of creation of the post/service, in the form of a self contained proposal as per procedure prescribed as under :-  

i. Publication of vacancy in Employment News :  

The respective departments should send their proposals only in the relevant file of the departments with a self contained note containing full back-ground of the case with facts/justifications etc.

ii. The proposal must have the approval of the Administrative Secretary.

iii. Details in the relevant proforma i.e. Annexures-I & II (for new Rules) and Annexure-III (for amendments) should be placed in the file duly typed in duplicate and should be signed by the prescribed authority only.

iv. Copies of the notified/existing recruitment rules for the posts in question, if any, as well as that of lower/higher posts should be placed in the file. Previous reference/observations of the Services department relating to the case, should always be mentioned.

v. The advice of the Services-II Department is binding on the departments as per Orders No. F.2 (6)/86-S.I dated 30-12-86, and it will be rendered only in the Department's file possibly within a period of one month from the date of reference of the Department. If the concurrence is not received within this time, the matter may be settled by the Administrative Department with the Deputy Secretary (Services).

vi. In case of the recruitment rules for Groups 'A' & 'B' posts, the matter will be referred to the UPSC for their concurrence by the concerned Administrative Department immediately on receipt of the advice of the Services-II Department and approval of the Chief Secretary / Lt. Governor.

vii. The proposal shall be sent to the UPSC within four weeks after the receipt of concurrence of Services Department under intimation of the Services-II Department.

viii. While sending proposals to the UPSC, it should specifically be mentioned in the forwarding letter that the concurrence of the Services Department has been obtained. The U.O. No. and date of the Services-II Department vide which the concurrence has been given should also be mentioned in the letter to the UPSC without which the Commission would not entertain the proposals of the Departments.

ix. It should be possible for the Commission to convey their advise ordinarily within 4 or 5 weeks. If the Commission's advice is not received within this period, the Administrative Department may settle the matter by personal discussion with the officer concerned in the Commission.

x. In case, the UPSC suggest some change (s), reply to the Commission shall be sent in consultation with the Services Department.

xi. In case of Group 'A' and 'B' posts, the recruitment rules shall be notified within ten weeks after the receipt of concurrence of UPSC.

xii. In case of Group 'C' & 'D' posts, proposals for framing recruitment rules shall be processed by the Administrative Department concerned for obtaining the approval of the Chief Secretary/Lt. Governor immediately after the receipt of advice of Services-II Department.

xiii. Once the Recruitment Rules are approved by the Services Department, in case of Group 'C' & 'D' posts, the same shall be notified within four weeks.

xiv. The draft notification prepared by the Administrative Department, both for Gazetted and non-Gazetted posts, shall be shown to Services-II Department before it is vetted by the Law & Judicial Department.

xv. The draft notification vetted by the Law & Judicial Department shall be got translated into Hindi from the Language Department of the Administration.

xvi. The notification shall be issued by the concerned Administrative Department under the signatures of the prescribed authority.

xvii. Both English and Hindi versions of the notification are to be issued simultaneously, i.e. on the same date.

xviii. Four fair copies of English and Hindi versions of the notification shall be sent to the Services-II Department for records. The same number of copies may also be sent to the UPSC for Group 'A' & 'B' posts.

5. RRs for organised Service :  

In respect of framing of recruitment rules for organized services, comprehensive service rules shall be framed covering, inter-alia, the following aspects :-  

i. Short title and commencement

ii. Definitions

iii. Constitution

iv. Grades, Authorized Strength and its review

v. Members of the Service

vi. Initial Constitution of the service

vii. Future maintenance of the Service

viii. Appointments by transfer or deputation

ix. Seniority

x. Probation

xi. Appointment to the service

xii. Liability for service in any part of India and other conditions of service

xiii. Disqualifications

xiv. Power to relax

xv. Savings

xvi. Interpretation

xvii. Repeal

 

Last Update Date :- 27-03-2018

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