1 RESERVATIONS  The Constitution makers have proclaimed by incorporating various provisions in the Constitution of India indicating that “Scheduled Caste.

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Presentation transcript:

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

3 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

4 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

5 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

6 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.

7 Columns in a Recruitment Rule SCHEDULE 1.Name of post 2.No of posts 3.Classification 4.Scale of pay 5.Whether selection by merit or selection-cum-seniority or non-selection post 6.Age limit 7.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

8 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

9 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)

10 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

11 Assistant Accounts Officer and Junior 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)

12 Columns 11 and 12 Junior Accounts Officer  Col % 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 ) 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

13 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 and who have qualified Jr. AO (Civil) Exam or equivalent exam

14 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)

15 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.

16 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)

17 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

18 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

19 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)

20 Column 12 Grade I  Stenographers Grade- II with three years regular service in the pay scale of Rs 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 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

21 Group ‘D’ posts  Constituents 1.Sweeper/ Farash/ chowkidar 2.Peon 3.Daftry 4.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)

22 Column 12  Sweeper etc.  Peon  Daftry  Lift operator  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/ STs IN DIRECT RECRUITMENT Direct recruitment By Open Competition SC 15% 30 Points ST 7 ½% 15 Points OBC 27% 54 Points % IN A 200 POINT ROSTER

28 RESERVATIONS FOR SCS/ STS IN DIRECT RECRUITMENT Direct recruitment Otherwise than by Open Competition SC 16 2/3% 20 Points ST 7 ½% 9 Points OBC 27% 31 Points % IN A 120 POINT ROSTER

29 Recruitment Made Through Staff Selection Commission SSC ALL INDIA LIST PREPARE D BY SSC 200 point roster SC 15% ST 7 ½% OBC 27% CENTRE LINKED ZONAL BASIS 100 point roster SC Fixed in relation to the population of SCs in the State ST 7 ½ % OBC 27 %

30 RESERVATIONS FOR SCS/ STS IN 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 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 PROMOTIONS FOR SCs/ STs - Contd.  Through limited Departmental Competitive Exams in Groups ‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’  By selection a) 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 PROMOTIONS FOR 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 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 1% for each of the three categories Concessions  No relaxation is given in promotion