Presentation 3.1
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1
RESERVATIONS
The Constitution makers have proclaimed by incorporating various provisions in the Constitution of India indicating that “Scheduled Caste and Scheduled Tribe” are by and large backward in comparison with other communities in the country.
This is the result of historical causes
2
RESERVATIONS
It was this consciousness and awareness of the Constitution-makers about the neglected position of certain section of Indian Society which inspired them to make provisions of reservation in favour of Backward Classes, Scheduled Caste and Schedule Tribe citizens in public employment
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OBJECTIVE
To understand Recruitment Rules as applicable to our Department and the extent and basic rules of Reservation, Relaxation and Concessions allowed to SCs, STs, OBCs, Sportspersons, Ex-Servicemen, Physically handicapped persons; in the matters of appointment and Promotion in the service
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RECRUITMENT RULES
Ministries / Departments are responsible for framing recruitment rules for posts/ services under their control till the Parliament by law regulates the recruitment and conditions of service
be framed within three months of creation of posts and published in the Gazette or from a prospective date mentioned therein
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Aspects of Recruitment Rules Gazette Number Short Title and Commencement Designation, classification of posts,
duration, scale of pay Method of Recruitment, age, Qualification Reservation for specified categories General condition imposed by the
Constitution of India such as domicile, bigamous marriage
Promotional Avenues Appointing Authority Recruiting authority
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Recruitment Rules in IA & AD Under Article 148 (5) the conditions of
service of persons serving in the Indian Audit and Accounts Departments are regulated by rules made by President after consultation with the Comptroller and Auditor General of India
The rules framed by the President for the other civil services and posts are made applicable to persons serving in the Indian Audit and Accounts Department after consultation with the Comptroller and Auditor General of India.
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Columns in a Recruitment Rule SCHEDULE1. Name of post2. No of posts3. Classification 4. Scale of pay5. Whether selection by merit or selection-cum-seniority or
non-selection post 6. Age limit7. Whether benefit of added years of service admissible 8. Educational and other qualifications required for direct
recruits 9. Whether age and educational qualification prescribed for
direct recruits will apply in the case of promotes 10. Period of probation, if any
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Columns in a Recruitment Rule SCHEDULE
11. Method of recruitment, whether by direct recruitment or by promotion or by deputation or by absorption and percentage of posts to be filled by various methods
12. In case of recruitment by promotion/deputation/absorption, grades from which promotion/ deputation/absorption to be made
13. If a Departmental Promotion Committee exists, what is its composition
14. Circumstances in which Union Public Service Commission is to be consulted in making recruitment
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Pay and Accounts Officer and Senior Accounts Officer
Col 3 - General Central Service, Gr. 'B' Gazetted-Ministerial
Col 5 -Selection-cum-seniority (PAO) Non selection B (Sr. AO) Col 6 to 10 - NA Col 11 – By Promotion Col 13 - Group 'B' Departmental
Promotion Committee (for considering promotion)
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Recruitment Rules – PAO and Sr. AO
Pay and Accounts Officer Assistant Accounts
Officers with three years regular service in the grade failing which Assistant Accounts Officers with six years of combined service in the grade of Assistant Accounts Officer/Junior Accounts Officer of which two years must be in the grade of Assistant Accounts Officer.
Senior Accounts Officer Pay and Accounts
Officer with two years of regular service in the grade
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Assistant Accounts Officer andJunior Accounts Officer
Col 3 - • General Central Service, Gr. 'B' Non-Gazetted-
Ministerial (Jr. AO)• General Central Service, Gr. 'B' Gazetted-
Ministerial (Asst. AO) Col 5 –
• Non-Selection -90% Selection-cum- seniority - 10% (Jr. AO)
• Non selection (Astt. AO) Col 11 – By Promotion Col 13 - Group 'B' Departmental Promotion
Committee (for considering promotion)
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Columns 11 and 12Junior Accounts Officer
Col 11 - 90% by promotion failing which by deputation failing both by direct Recruitment
Col 12 – • (i) 90% of the posts by promotion on Seniority-cum
fitness basis by persons who have passed the Junior Accounts Officer (Civil) Examination
• (ii) 10% of the posts by promotion from common seniority list of Senior Accountants (pay scale Rs. 5000-8000) who have rendered not less than 10 years service in the grade on the basis of Selection-cum-seniority and who have crossed the age of 53 years as on 1st January of the year
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Columns 11 and 12 Assistant Accounts Officer
Col 11 – Promotion
Col 12 -Junior Accounts Officers with 3 years regular service in the scale of Rs. 5500-175-9000 and who have qualified Jr. AO (Civil) Exam or equivalent exam
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Section Officer (Audit) & (Accounts)
Col 3 - • General Central Service, Gr. ‘C' Non-
Gazetted-Ministerial Col 5 –
• Selection Col Col 11 – By Promotion Col 13 - Group ‘C' Departmental
Promotion Committee (for considering promotion)
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Section Officer (Audit) & (Accounts) Col 11 - Promotion failing which by
deputation failing both by direct Recruitment Col 12 - Promotion : Departmental candidates who have passed
the Section Officer’s Grade exam conducted by the C & AG
Deputation : Section Officers exam staff from any other
cadre controlling office of the department or similarly qualified staff from any accounting organisation under GOI.
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LDC, Accountant and Senior Account Col 3 -
• General Central Service, Gr. ‘C' Non-Gazetted-Ministerial (All)
Col 5 –• Non-Selection (applicable to all)
Col Col 11 – • By Promotion (Sr. Accountant)• In the other two cases as per details in next
slide Col 13 - Group ‘C' Departmental Promotion
Committee (for considering promotion)
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Column 11 and 12- Lower Division Clerk
80% by direct recruitment by SSC
10%by promotion on seniority basis through common range of seniority
5% in each cadre shall be filled by promotion on the basis of limited departmental competitive examination
5% by limited departmental qualifying examination
Unfilled posts may be filled through deputation by taking persons of appropriate grade from other Organised Accounts Services
from amongst Group 'D' employees who possess Matriculation or equivalent qualification on seniority-cum-fitness basis
from amongst the Group 'D' staff who possess Matriculation or equivalent qualifications and have rendered five years of regular service as Group 'D
from amongst Group 'D' staff who have rendered 7 years regular service in the grade
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Column 11 and 12- Accountant
70% by direct recruitment through SSC
25% by promotion
5%by promotion on the basis of limited departmental competitive examination
Unfilled posts may be filled through deputation by taking persons of appropriate grade from other Organised Accounts Services
Promotion from Lower Division Clerks with not less than 5 years of regular service
Promotion from Lower Division Clerks belonging to the service with 3 years of regular service in the grade and who qualify in the departmental competitive examination
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Stenographer Grade I, II & III Col 3 -
• General Central Service, Gr. ‘B' Non-Gazetted-Ministerial (Grade I)
• General Central Service, Gr. ‘C' Non-Gazetted-Ministerial (Grade II & III)
Col 5 –• Non-Selection (Grade I & II)• Not applicable (Grade III)
Col Col 11 – • By Promotion (Grade I & II)• Direct recruitment by SSC (Grade III) Col 13 - Group ‘B' Departmental Promotion
Committee (for considering promotion)
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Column 12Grade I Stenographers Grade-II
with three years regular service in the pay scale of Rs. 5000-150-8000
Grade III Not applicable
Grade II Promotion on the basis of
seniority cum-fitness from the Stenographers Grade-Ill in the pay scale of Rs.4000-100-6000 with five years regular service in the grade and having qualified Stenography test with a speed of 100 words per minute conducted by the Staff Selection Commission
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Group ‘D’ posts Constituents 1. Sweeper/ Farash/ chowkidar2. Peon3. Daftry4. Junior Gestetner Col 3 - General Central Service
Group 'D' Non-Gazetted-Non Ministerial
Col 5 – Non Selection for all Col 11- By direct recruitment ( at 1 & 2 above) By promotion ( at 3 & 4 above)
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Column 12 Sweeper etc. Peon Daftry
Lift operator
Not applicable Not applicable Promotion of Peons in the
service who have rendered at least two years regular service in the grade.
Promotion of Daftries in the service with three years of regular service in the grade and having proficiency in operating and maintaining Gestetner machines
23
RESERVATIONS AND CONCESSIONS IN APPOINTMENTS
Applicable to Scheduled Castes Scheduled Tribes Other Backward Castes Physically Handicapped Ex-servicemen Safaiwalas/ Farashes and Security
Guards
24
RESERVATIONS AND CONCESSIONS FOR SCS/ STS
IN APPOINTMENTS
Constitutional Provisions and Safeguards
Specific provisions for reservations in services in favour of the members of Scheduled Castes and Scheduled Tribes have been made in Articles 16(4), 335, 341 and 342 of the Constitution of India
25
RESERVATIONS AND CONCESSIONS FOR SCS/ STS
DEFINITION OF SC/ ST
RELIGION
A person should belong to a Caste or a Tribe declared by the Central Government to be a Schedule Caste or a Schedule Tribe for the area of which he/ she is a resident
a person claiming to be SC should profess either the Hindu or Sikh or the Buddhist Religion
A person to the ST may profess any religion
26
RESERVATIONS AND CONCESSIONS FOR SCS/ STS
SCOPE
APPLICABILITY In the context of IA & AD
NON APPLICABLE TO
Reservation at the prescribed percentages for SCs and STs in recruitments and promotions
All Posts/ Grades belonging to Group ‘A’ , ‘B’, ‘C’ and ‘D’
Daily rated staff casual worker appointed against
regular posts Vacancies filled by transfer or
deputation
Temporary appointment of less than 45 days
Ex cadre posts
27
RESERVATIONS FOR SCs/ STsIN DIRECT RECRUITMENT
Direct recruitmentBy Open Competition
SC ST OBC
7 ½% 27%15%
30 Points 15 Points 54 Points
% IN A 200 POINT ROSTER
28
RESERVATIONS FOR SCS/ STSIN DIRECT RECRUITMENT
Direct recruitmentOtherwise than by Open Competition
SC ST OBC
7 ½% 27%16 2/3%
20 Points 9 Points 31 Points
% IN A 120 POINT ROSTER
29
Recruitment Made Through Staff Selection Commission
SSC
ALL INDIA LIST PREPARED BY SSC
CENTRE LINKED ZONALBASIS
200 point roster 100 point roster
SC 15%
ST 7 ½%
OBC 27%
SCFixed in relation
to the population of SCs in the State
OBC27 %
ST7 ½ %
30
RESERVATIONS FOR SCS/ STSIN DIRECT RECRUITMENT
Local Recruitment at Delhi Same as in case of direct recruitment by
open competition 100 Point Roster
Direct Recruitment to Groups ‘C’ & ‘D’ posts normally attracting candidates from a locality or a region Percentages applicable to respective
States. 100 Point Roster
31
Relaxations and Concessions
Age Minimum standard in examination Less than minimum standard Exemption from fee Separate interviews
32
Reservations and Concessions for OBCs Definition
% of Reservation
Relaxations and Concessions
Castes and Communities which are commonly mentioned in both the lists in the Mandal Commission Report and the State Government’s lists
27 %
Age Persons selected on merit will
not be adjusted against reserved vacancy
33
Reservations and Concessions for Physically Handicapped -contd.
Definition
% of Reservation
Register
The Blind The Deaf Orthopaedically
Handicapped Three per cent @ 1%
for each of the three categories
A separate 100-point register to be maintained by Heads of Departments
34
Reservations and Concessions for Physically Handicapped -contd.
Inter se exchange
Carry forward of reservation
Adjustment of selected candidate
Amongst category of handicap
Unfilled reserved vacancies will be carried forward to the next block in the same year first and if unfilled, to the three subsequent years
Against the category, SC/ ST/ OBC
35
Reservations and Concessions for Physically Handicapped -contd.
Relaxations and Concessions Age Exemption from examination fee Relaxation of standards in direct recruitment Posting near their native place Exemption from passing typing test Earmarking one Group ‘D’ post as ‘Chair Caner
for blind’ Transport allowance Relaxation of standard in promotion
36
Reservations and Concessions for meritorious Sportspersons Definition
Extent of reservation
Persons who have represented a State or the country in the National or International competition
Persons who have represented their University in the Inter-University Tournaments
Persons who have represented the State Schools Tennis
No specific percentage of reservation is prescribed
not exceeding 5% in relaxation of the recruitment procedure, provided the overall reservation of all types do not exceed 50% of the total number of vacancies
37
Reservations and Concessions for meritorious Sportspersons
Posts to which reservation applicable
Placement in reservation roster
Group ‘C’ and ‘D’ post filled by direct recruitment otherwise than through the UPSC
be adjusted in the reservation roster against the category, viz., SC/ST/OBC
38
Reservations for Ex-servicemen in Appointments - contd. Definition
% of Reservation
Placement in Roster
means a person who has served in any rank in the Regular Army, Navy and Air Force of the Indian Union
Ten per cent of the vacancies in Group ‘C’ and twenty per cent in Group ‘D’ posts
be placed against the category to which he belongs
39
Reservations for Ex-servicemen in Appointments - contd.
Relaxations and concessions
Age Educational Qualifications Exemption from payment of
Examination fee and T.A. to attend interview
40
Reservations for Safaiwalas/ Farashes and Security Guards General
% of Reservation
Relaxation
eligible for appointment as peons by transfer, provided they possess the requisite qualifications
25% of the posts of peons are reserved for appointment from among Safaiwalas, Farashes, Security Guards, etc., by transfer
minimum educational qualification of Middle School Standard prescribed for a peon need not be insisted upon for the 25% quota
41
RESERVATIONS IN PROMOTIONSFOR SCs/ STs - Contd.
Through limited Departmental Competitive Exams in Groups ‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’
By selectiona) From Group ‘C’ to Group ‘B’.b) Within Group ‘B’.c) From Group ‘B’ I) to the lowest rung of Category in Group ‘A’. II) direct to Group ‘A’ to senior scale.
42
RESERVATIONS IN PROMOTIONSFOR SCs/ STs - Contd.
Seniority subject to fitness Within Group ‘A’ Promotion to Selection Grades Appointment to Non- functional
Selection Grade in Group ‘A’ Ad hoc Promotions
43
CONCESSIONS FOR SCs/ STs IN PROMOTIONS
Age relaxation Where an upper age limit not
exceeding 50 years is prescribed for promotion to service/ post, it should be relaxed by five years
Lower qualifying marks/ lesser standard of evaluation for SC/ST
44
Lower qualifying marks - withdrawn
The DOPT Office Memorandum No.36012/18/95-Estt(Res) dated 22nd July, 1997 withdrew the relaxation in qualifying marks/standards of evaluation which were available to SCs/STs in matters of promotion based on the Supreme Court Judgement dated 1-10-1996 in the case of
S. Vinod Kumar Vs. Union of India, and Indira Sawhney Vs. Union of India
45
Lower qualifying marks - reinstated
To enable the State to restore the previous position, 82nd Amendment to the Constitution has been made whereby a proviso to Article 335 of the Constitution has been incorporated to provide for relaxation in qualifying marks and standards of evaluation in matters of reservation in promotion for SCs/STs
46
Reservations and Concessions to Physically Handicapped in Promotions
Reservations in Group ‘C’ & ‘D’ where the element
of direct recruitment does not exceed 75%
Three per cent @ 1% for each of the three categories
Concessions No relaxation is given in promotion