SERVICE MATTERS

Recruitment is the process of selection of incumbents to a designated post and Recruitment Rules are the provisions prescribed under the Statute, for executing the same.  The UPSC is required to advise upon the Recruitment Rules for various Civil Posts which are mandated to it, under the Constitution of India or a specific Act governing an autonomous organization.

   Service Rules are required to be framed for defined Organized Service(s) to the Union of India.    The Service Rules are comprehensive statutory documents, which include specifications with regard to,  

a. Title and definitions  

b. Authorized strength & grade(s)

c. Initial constitution and future definition

d. Seniority, qualifying service for promotion, probation & method of recruitment

e. Liabilities and disqualification

f. Relaxation provisions

g. Savings clause  Recruitment Rules are required to be framed for all Civil posts of a permanent nature.    Furthermore, the Recruitment Rules do not contain many Clause(s) of Service Rules of Organized Service(s).  

The Recruitment Rules are required to be framed for every post, in order to ensure probity and transparency in the process of Recruitment.    They specify the provisions under various Columns, which are required to be adhered to and cannot be changed once the process of Recruitment has been initiated.    

 The Recruitment Rules are required to be framed for all posts which have been created and last for a period beyond one year.  (In other words, the Recruitment Rules are mandatorily required to be enacted for all posts of a permanent nature.)    

 Recruitment Rules prescribe various specifications relating to classification of post, pay structure (grade pay), method of recruitment, composition of various Committee(s), essential qualifications & consultation process with the UPSC.    The said information is based upon extant Guidelines of the DoP&T and Government of India, which are revised based upon inputs like the Pay Commission Recommendations etc.    Furthermore, the change(s) in the cadre structure and essential qualifications to a given post etc., also require due amendments in the specific column(s) of the Recruitment Rules.    Due to these reasons, the Recruitment Rules are required to be amended every five years, in compliance of the said Guidelines of the DoP&T.

 a. The draft for a proposal for framing of Recruitment Rules is initiated by the Administrative Ministry, which controls the designated post.   Approval of the Competent Authority in the Ministry concerned is required, in accordance with the DoP&T guidelines.  The Competent Authority can delegate the specified power(s).

b. Necessary approval for creation of a given post is required from the Department of Expenditure / Cabinet in terms of guidelines of the Department of Expenditure.

c. Consequent upon the said approval, the proposal is required to be submitted to the DOP&T for concurrence.

d. The UPSC is required to be consulted for necessary approval to the given Recruitment Rules after the concurrence of the DOP&T has been acquired.   The advice of the UPSC is rendered through an Advice Letter addressed to the Ministry / Organization concerned.

e. The Schedule Recruitment Rules are then required to be got vetted from the Ministry of Law & Justice.

f. Subsequently, the Recruitment Rules are required to be notified in the Official Gazette of the Government of India in order to be considered as a statutory document for the purpose of Recruitment to the relevant post.

 The designation / nomenclature assigned to a given post is the prerogative of the Organization which controls the post.  A similarly designated post may carry different Grade Pay(s).    For instance a post designated as a ‘Deputy Director’ might be an Under Secretary, or a Deputy Secretary or a Joint Secretary level post in different organizations.

 The Association of Indian Universities or the designated Technical Authority like All India Council for Technical Education / University Grants Commission/ National Council for Technical Education, etc., are the Competent Authority(s) for defining the ‘equivalence’ of a given educational qualification to the one mentioned in the Recruitment Rules.   As prescribed by the DOP&T in its guidelines, the word `equivalence’ is advised not to be used in the RRs for various posts.

 Mention of Class/ Division/ Grade may be avoided for the reason that various Board(s)/ University(s)/ Institution(s) have different benchmarks and parameters for award of marks.   However, if the organization controlling the scheme of education for a given stream does require a degree with a specified grade, the same may be recorded.    For instance, the norms of UGC/ AICTE/ NCTE etc., provide for specific Grade scores for various academic posts and therefore they may be included in the Recruitment Rules for given posts.   

 In case the method of recruitment is a mix of Direct Recruitment & Deputation, the same essential qualifications w.r.t. Educational Qualifications + Experience may be maintained for Direct Recruits and Deputation candidates.   

 The upper age limit to any given post is based upon the Grade Pay of the said post.  The same is defined as follows, a. For posts in the GP upto Rs. 4800/=  ‐  30 years b. For posts in the GP of Rs. 5400/=    ‐  35 years c. For posts in the GP of Rs. 6600/=    ‐  40 years d. For posts in the GP of Rs. 7600/= & above  ‐  50 years However, it is always advisable to prescribe direct recruitment at a level which shall leave adequate number of years of service to an incumbent, so that he is able to contribute his productive knowledge to the organization.   

 The upper age limit may be relaxed up to five years for Government Officials applying for the given post, beyond the age limit prescribed for direct recruits.    In the case of recruitment by the method of Direct Open Competitive Examination conducted by UPSC or other agency under the Central Government to the Central Civil Services and Civil posts, the age limit shall be increased by two years beyond the age limit prescribed for the Category to which the Government Official belongs.

 The various methods of recruitment prescribed for recruitment are as follows, a. Promotion b. Composite Method c. Direct Recruitment   d. Deputation e. Deputation Including Short‐Term Contract (ISTC) f. Absorption g. Re‐employment of Armed Forces Personnel The first two methods are termed as ‘Internal Methods of Recruitment’, since the candidates from within the organization/ cadre are considered for selection to a given post.  The remaining five methods are considered as ‘External Methods of Recruitment since the candidates external to the organization/ cadre are considered for selection to the given post.  

The appointments on compassionate grounds against a post in Central Government are regulated in terms of the provisions of "Scheme for Compassionate Appointment under Central Government" issued under Department of Personnel & Training O.M. No. 14014/6/1994- Estt(D) dated 09.10.1998, as amended from time to time. All the instructions on compassionate appointments have been consolidated vide O.M. 14014/02/2012-Estt(D) dated 16.01.2013 and are available on the Department's website www.persmin.nic.in (OMs & Orders > Establishment > (A) Administration (III) Concessions in Appointments (a) Compassionate Appointments).  

The objective of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant who has died while in service or who is retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group ‘D’ employees), thereby leaving the family in penury and without any means of sustainable livelihood so as to provide relief to the family of the Government servant concerned from financial destitution and to help it get over the emergency.

Age eligibility shall be determined with reference to the ‘date of application’ for compassionate appointment.

 Dependent Family Member means:

a) spouse; or

b) son (including adopted son); or

c) daughter (including adopted daughter); or

d) brother or sister in the case of unmarried Government servant; or

e) member of the Armed Forces, as defined in S.No. 3, who was wholly dependent on the Government servant/ member of the Armed Forces at the time of his death in harness or retirement on medical grounds, as the case may be.

Certain employers have been known to withhold employee pay due to poor performance. This is illegal since workers are obliged to their wages for the work they do and the time they put in. An employee shall be entitled to collect his compensation as long as they reports to work. No-call, no-show policies might be used if an employee fails to show up for work. However, if an employee has granted his written approval, the employer might put the salary on hold. No employer has the legal authority to put any worker’s salary on hold. 

Sometimes the employees are not able to get new jobs as a result, and may be willing to take a salary drop. Working for less income may be essential as well as preferred to the alternative if funds run out or even unemployment benefits run out 

Work for which no salary is paid:

An employer may also withhold an employee’s compensation if they does not execute his or her notice period as required by the contract of employment.

Payments of new hires whose certification is still not complete are another case where the corporation can put employee salaries on hold. This, however, has no bearing on salary processing or amount.

Reasons for salary on hold

However, there are various reasons for which an employer may hold the salary of the employee.

Some of the common reasons for which an employer holds the salary of an employee are:

1. Underperformance of an employee

An employer may hold the salary of an employee if they are continuously underperforming despite various training and counselling sessions. To motivate the employee to perform well an employer may hold the salary of an employee. However, it can also negatively affect the performance of an employee.

2. Misconduct by an employee

An employer may hold the salary of an employee if the employee is found to be indulged in any misconduct or breaks any organizational rule/ policy. To make him realize his mistake and to ensure that the action will not be repeated in the future an employer may hold the salary as a punishment. The company can also penalize the employee or deduct the penalty from his salary if there is damage to the assets of the organization.

3. Continuous absence of an employee

An employer may hold the salary of an employee if the employee is found to be regularly absent from work despite continuous warnings. To reduce employee absenteeism and bring the employee on the proper track, an employer may hold the salary of an employee. The company can also mark the LOP of employees, which ultimately reduces the final payout of an employee.

4. Financial difficulties faced by an employer

If an employer is facing any financial difficulties he may hold the salary of an employee as a measure to save money at the time of difficulty. Financial difficulties faced by an employer may include a recession period, low sales volume, unexpected loss during any month etc. This is just a temporary hold and the salary gets released once the situation becomes normal.

5. Fraud by employee

An employer may hold the salary of an employee if he is found to be indulged in fraud related to the organization. The salary of an employee is put on hold as a legal requirement and can be released if the employee is found to be innocent. The company can also take legal action against the employee and may ask them to payout for the fraud they had committed.

6. Notice period not served

An employer may hold the salary of an employee if he didn’t serve the proper notice period as per the employment agreement and in some cases he can also take legal action against the employee. Generally the companies have a notice period of 2 months which employees have to complete. Failing to serve the proper notice period mentioned in the employment contract may result in a hold of your salary.

7. Incomplete verification of employees.

An employer may hold the salary of new employees in case their verification is incomplete despite certain reminders. This does not affect the salary amount and this is a temporary hold and the employer releases the salary once verification gets completed. Generally this is applicable for new employees whose verification is pending despite regular reminders.