Rajesh Gupta
Jammu, Sep 01: Recruitment rules are awaited for various departments, where ARI and Trainings department has to finalise them.
Notifying method of recruitment through Executive order - Guidelines thereof. Reference: U.o No. GAD-SERV0GENV6O/2023-02-GAD dated 09.05.2024 of General Administration Department' Government order No. 25 -JK(ARI &Trgs) ol 2024 Dated: 2,l '06-2024.
Whereas,thebusinessofAdministrativeReforms,InspectionandTrainings Department (ARI & Trainings ) is transacted in accordance with the J&K, Business Rules;
Whereas, among other things, the ARl &Trainings Department Charged with the responsibilities of Administrative Reforms and thereby coordinates and finalizes Recruitment Rules of all the Government Departments;
Whereas, ARI & Trainings Department has from time to time' urged Departments to initiate necessary steps for finalizing the recruitment rules or carrying amendments in the existing recruitment on regular basis wherever applicable and also necessary revision after span of at least five years time;. However, certain Departments fail to adhere to these instructions/timelines;
Whereas, the General Administration Department Vide Government order No 635-JK(GAD) of 2024 Dated 16-02-2024, among other things, has also advised all the Departments to take necessary steps for finalizing the recruitment Rules of the Services/cadres and to desist from amending the Recruitment Rules through Executive Orders;
Whereas, meanwhile, some Departments have expressed urgency for filling up of some critical posts, where existing method of recruitment are required to be revised or where no formal recruitment rules are available at all' whereas, the General Administration Department in consultation with the Department of Law, Justice and PA, as an exception, has allowed Departments to issue and act on the Executive orders for filling up the gaps in existing Recruitment Rules of where there is are no formal method of recruitment available for specified critical posts only, for a period of six months, within which the Departments as per procedure laid down, shall have to finalize the recruitment rules;
Whereas, for the said purpose of finalizing method of Recruitment through ..Executive orders", there is a stipulation that the intending Departments shall have to seek prior concurrence of the ARI & Trainings Department and Department of Law, Justice and Parliamentary Affairs, before submission of proposals relating to Executive orders for Consideration by the Competent Authority; and Gt
Whereas, for the said purpose, the ARl &Trainings Department has been charged with the responsibility to issue guidelines along with Check-list for considering such proposal to be submitted by the concerned Intending Departments for seeking concurrence'
Now therefore, sequel to the above instructions, following guidelines are hereby notified along with checklist, for considering proposals for issuance of Executive Orders for notifying method of recruitment by the respective Departments:
1. Identification of Critical posts:
a) The ..critical posts,, means the Sanctioned posts, where no method/mode of recruitment is available at all and remained vacant and are at cutting edge and non-filling of which on account of non-availability of method of recruitment, may affect the functioning of the Government Department and delivery of public service adversely'
b)The critical posts vacancies shall also mean, where the Department may not afford to delay the recruitment due to non-availability of formal recruitment rules or non-revision of recruitment rules for the purpose of administrative requirements.
c)The critical posts, shall also include the posts, where existing method of recruitment has become obsolete or where there is severe ambiguity in the rules and necessitates revision.
d)The critical post shall exclude the posts where mere changes are required such as length of service or change in the nomenclature or change in the schedule-1 (i.e cadre strength).
e)The critical posts shall also exclude the posts where uninform methods applicableaSnotifiedbytheGeneralAdministrationDepartmentfromtime to time.
f)ThelntendingDepartmentsshallnotifylistofsuchpostthroughanorder and shall inviriability outline the job responsibilities, qualification or any other relevant detaili viz-a-viz. cadre strength of the posts duly supported with Schedule-1 or creation orders, as the case may be'
g)Theindentingdepartmentsshalljustifythe'criticalnature,andnonfinalization oi formal recruitment rules for the post(s) for which the executive order is required and furnish necessary certificate to this effect.
2, Procedure for framing Executive Order: Method of recruitment should emphasis on equal opportunities and commitmenttofairandunbiasedavoidinganysoftofdiscrimination whatsoever or other protected character. The ratio between direct and promotion quota may be prescribed for a particular post or service depending on a judicious blending of several considerations like nature of job,- qualifications, experience required' maintenance of adequate standard of efficiency in the cadre and with due regard to promotion prospects in the said cadre/service'
The draft Executive order shall be framed in a manner that it should be in sync with the present requirements and must serve the purpose, till the recruitment Rules are formally notified. a) b) Ic) d) The Department shall check as to whether such posts are borne on other establisi-rments and method of recruitment in that case is not in variance, so as keep the sanctity of the statutory provisions of those rules'
e)The intending Department should take extra cautious, while revising/ updating sche-dule-1 and shall ensure that sanctioned strength of the posts is not exceeded in any manner and is in consonance with the existing schedule and creation/abolition of posts from time to time has been taken intoaccount.Anexplicitcertificatetothiseffectshallbefurnishedbythe respective Departments while furnishing proposals to the ARI & Trainings Department.
The minimum qualification/experience and physical standard, if applicable required for direct recruitment posts may be indicated as precisely as possible and if necessary in two parts Viz,essential qualification and desirable qualification wiihout any ambiguity or vagueness taking into account the pay attached to the post vis-a-vis nature of duties'
g)For Promotion Posts, them method of recruitment should not be invariance or counter-productivetoexistingrecruitmentrules,SoaStoavoidinceptionof any litigation.
h) The method/mode of recruitment should not be person specific but in overall interest of the Department. The method of recruitment to critical posts should be in proportion to proper hierarchy without compromising promotion prospects' For the critical posts in case oF Gazetted Cadre, the prior concurrence of J&K, Public Service Commission is to be obtained' once the Draft Executive order servette by the ARI & Trainings Department, the concurrence/vetting of Department of Law, Justice and PA also to be obtained. The Intending Departments shall also certify that there is no legal impediment oi court case pending against the said process and is free from all encumbrances. i) i) k) r)
The committee constituted vide Government order No. 985-IK(GAD) of 2024 dated 29.04.2024 issued by the General Administration Department shall be responsible for the purpose of finalizing/Vetting of Executive orders for notifying method of recruitment to the critical posts.
3. Constitution of Committee:
4. Time Lines a) The committee shall finalize and vet the "Draft Executive orders" within one month from the date the proposals complete in all respects are received in the Department b)The draft executive orders shall remain valid upto six months from the date of issuance of such orders. + c? c) d) e)
The Departments shall furnish proposals for formal recruitment rules within three months from the date of issuance of any executive order for critical posts, so as to comply with the timelines notified by the Government'
The Executive orders already issued and are in operation or otherwise shall cease to exist, if six months time line has exhausted. In such cases, the respective departments shall either re-validate the same as per instant procedure or come up with formal recruitment rules for its vetting by the ARI & Trainings Department.
The Executive Orders, so notified shall have prospective effect for all practical purposes.
5. Check List In order to facilitate easy and timely vetting of the proposals by the ARI & Trainings Department, the following check list is hereby notified.
ARI & Training Department, J&K, which reads as under:- Notifying method of recruitment through Executive order - Guidelines thereof. Reference: U.o No. GAD-SERV0GENV6O/2023-02-GAD dated 09.05.2024 of General Administration Department' Government order No. 25 -JK(ARI &Trgs) ol 2024 Dated: 2,l '06-2024. Whereas,thebusinessofAdministrativeReforms,InspectionandTrainings Department (ARI & Trainings ) is transacted in accordance with the J&K, Business Rules; Whereas, among other things, the ARl &Trainings Department Charged with the responsibilities of Administrative Reforms and thereby coordinates and finalizes Recruitment Rules of all the Government Departments; Whereas, ARI & Trainings Department has from time to time' urged Departments to initiate necessary steps for finalizing the recruitment rules or carrying amendments in the existing recruitment on regular basis wherever applicable and also necessary revision after span of at least five years time;. However, certain Departments fail to adhere to these instructions/timelines; Whereas, the General Administration Department Vide Government order No 635-JK(GAD) of 2024 Dated 16-02-2024, among other things, has also advised all the Departments to take necessary steps for finalizing the recruitment Rules of the Services/cadres and to desist from amending the Recruitment Rules through Executive Orders; Whereas, meanwhile, some Departments have expressed urgency for filling up of some critical posts, where existing method of recruitment are required to be revised or where no formal recruitment rules are available at all' whereas, the General Administration Department in consultation with the Department of Law, Justice and PA, as an exception, has allowed Departments to issue and act on the Executive orders for filling up the gaps in existing Recruitment Rules of where there is are no formal method of recruitment available for specified critical posts only, for a period of six months, within which the Departments as per procedure laid down, shall have to finalize the recruitment rules; Whereas, for the said purpose of finalizing method of Recruitment through ..Executive orders", there is a stipulation that the intending Departments shall have to seek prior concurrence of the ARI & Trainings Department and Department of Law, Justice and Parliamentary Affairs, before submission of proposals relating to Executive orders for Consideration by the Competent Authority; and Gt Whereas, for the said purpose, the ARl &Trainings Department has been charged with the responsibility to issue guidelines along with Check-list for considering such proposal to be submitted by the concerned Intending Departments for seeking concurrence' Now therefore, sequel to the above instructions, following guidelines are hereby notified along with checklist, for considering proposals for issuance of Executive Orders for notifying method of recruitment by the respective Departments: 1. Identification of Critical posts: a) The ..critical posts,, means the Sanctioned posts, where no method/mode of recruitment is available at all and remained vacant and are at cutting edge and non-filling of which on account of non-availability of method of recruitment, may affect the functioning of the Government Department and delivery of public service adversely' b)The critical posts vacancies shall also mean, where the Department may not afford to delay the recruitment due to non-availability of formal recruitment rules or non-revision of recruitment rules for the purpose of administrative requirements. c)The critical posts, shall also include the posts, where existing method of recruitment has become obsolete or where there is severe ambiguity in the rules and necessitates revision. d)The critical post shall exclude the posts where mere changes are required such as length of service or change in the nomenclature or change in the schedule-1 (i.e cadre strength). e)The critical posts shall also exclude the posts where uninform methods applicableaSnotifiedbytheGeneralAdministrationDepartmentfromtime to time. f)ThelntendingDepartmentsshallnotifylistofsuchpostthroughanorder and shall inviriability outline the job responsibilities, qualification or any other relevant detaili viz-a-viz. cadre strength of the posts duly supported with Schedule-1 or creation orders, as the case may be' g)Theindentingdepartmentsshalljustifythe'criticalnature,andnonfinalization oi formal recruitment rules for the post(s) for which the executive order is required and furnish necessary certificate to this effect. 2, Procedure for framing Executive Order: Method of recruitment should emphasis on equal opportunities and commitmenttofairandunbiasedavoidinganysoftofdiscrimination whatsoever or other protected character. The ratio between direct and promotion quota may be prescribed for a particular post or service depending on a judicious blending of several considerations like nature of job,- qualifications, experience required' maintenance of adequate standard of efficiency in the cadre and with due regard to promotion prospects in the said cadre/service' The draft Executive order shall be framed in a manner that it should be in sync with the present requirements and must serve the purpose, till the recruitment Rules are formally notified. a) b) Ic) d) The Department shall check as to whether such posts are borne on other establisi-rments and method of recruitment in that case is not in variance, so as keep the sanctity of the statutory provisions of those rules' e)The intending Department should take extra cautious, while revising/ updating sche-dule-1 and shall ensure that sanctioned strength of the posts is not exceeded in any manner and is in consonance with the existing schedule and creation/abolition of posts from time to time has been taken intoaccount.Anexplicitcertificatetothiseffectshallbefurnishedbythe respective Departments while furnishing proposals to the ARI & Trainings Department. The minimum qualification/experience and physical standard, if applicable required for direct recruitment posts may be indicated as precisely as possible and if necessary in two parts Viz,essential qualification and desirable qualification wiihout any ambiguity or vagueness taking into account the pay attached to the post vis-a-vis nature of duties' g)For Promotion Posts, them method of recruitment should not be invariance or counter-productivetoexistingrecruitmentrules,SoaStoavoidinceptionof any litigation. h) The method/mode of recruitment should not be person specific but in overall interest of the Department. The method of recruitment to critical posts should be in proportion to proper hierarchy without compromising promotion prospects' For the critical posts in case oF Gazetted Cadre, the prior concurrence of J&K, Public Service Commission is to be obtained' once the Draft Executive order servette by the ARI & Trainings Department, the concurrence/vetting of Department of Law, Justice and PA also to be obtained. The Intending Departments shall also certify that there is no legal impediment oi court case pending against the said process and is free from all encumbrances. i) i) k) r) The committee constituted vide Government order No. 985-IK(GAD) of 2024 dated 29.04.2024 issued by the General Administration Department shall be responsible for the purpose of finalizing/Vetting of Executive orders for notifying method of recruitment to the critical posts. 3. Constitution of Committee: 4. Time Lines a) The committee shall finalize and vet the "Draft Executive orders" within one month from the date the proposals complete in all respects are received in the Department b)The draft executive orders shall remain valid upto six months from the date of issuance of such orders. + c? c) d) e) The Departments shall furnish proposals for formal recruitment rules within three months from the date of issuance of any executive order for critical posts, so as to comply with the timelines notified by the Government' The Executive orders already issued and are in operation or otherwise shall cease to exist, if six months time line has exhausted. In such cases, the respective departments shall either re-validate the same as per instant procedure or come up with formal recruitment rules for its vetting by the ARI & Trainings Department. The Executive Orders, so notified shall have prospective effect for all practical purposes. 5. Check List In order to facilitate easy and timely vetting of the proposals by the ARI & Trainings Department, the following check list is hereby notified.
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