Presentation 3.1

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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

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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


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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


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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

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RESERVATIONS AND CONCESSIONS IN APPOINTMENTS

Applicable to Scheduled Castes Scheduled Tribes Other Backward Castes Physically Handicapped Ex-servicemen Safaiwalas/ Farashes and Security

Guards

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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

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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

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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

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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

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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

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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 %

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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

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Relaxations and Concessions

Age Minimum standard in examination Less than minimum standard Exemption from fee Separate interviews

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

Business

Presentation 3.1