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Pradeep (Sr Consultant)     11 November 2014

Recruitment notification vs central services rules

Hi,

When we were recruited for a central government job our recruitment order stated that probation if for one year. We have completed two years of service and have not heard anything on confirmation. So raised an RTI through a friend and the Chief Adminstrative officer replied that as per the central service rules people with grade pay 5400 will have two years of probation which can be extended for further two years.

Which will stand in courts or which is legal, the recruitment order or the central service rules if a dispute arises in our confirmation



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 9 Replies

Sudhir Kumar, Advocate (Advocate)     11 November 2014

you are confusing the matter.

 

RR for the post are statutory.They prevail over the administrative instrcution.  No advertisement which promises anything contrary to the statutory rules can be of any binding effect.

 

CCS Rules is a vague term you are using. Please specify which rule you refer to :-

  1. CCS (Conduct ) Rules
  2. CCS (CCA) Rules
  3. CCS (TS) Rules
  4. CCS (MA) Rules
  5. CCS (Pension) Rules
  6. CCS (Leave) Rules
  7. CCS (LTC) Rules
  8. CCS (TA) Rules
  9. CCS (Redeployment of Surplus Staff) Rules
  10. CCS (Commutation of Pension) Rules

ans so on.

 

Sudhir Kumar, Advocate (Advocate)     11 November 2014

Is it the same case as stated in  https://www.lawyersclubindia.com/forum/details.asp?mod_id=108520&offset=1#.VGIIFGeO5G0

Pradeep (Sr Consultant)     11 November 2014

Yes Sir that is the same case

According to this one

https://persmin.gov.in/DOPT/RecruitmentRules_Guidelines/RR_Guidelines_Page_8_25.pdf

in the section they mentioned that for positions below Grade Pay Rs.7600 probation period is for two years

So will this stand correct even if the recruitment order mentions the probation period is only for one year

can i raise an RTI on the recruitment rules they have sent to DOPT for these positions

Thanks for your reply sir

 

Sudhir Kumar, Advocate (Advocate)     12 November 2014

recruitment rules having been published in Gazette are public document.  deptt can deny the same by stating you to get a copy of the same from DTe of Publication.

 

But normally deptts provide RR.  In case you get the gazette No or even date of publication.

 

You can also get it from website of Dte of Publication, Min of Urban Development.

 

But please do not repeat query for testing experts.  It appears that same question is being put in Terminal test and Final Yr exam.

Sudhir Kumar, Advocate (Advocate)     12 November 2014

The DOPT guidelines mentioned by you are mere administrative instructions and cannot overrule RR.

Pradeep (Sr Consultant)     12 November 2014

Thank you sir for your kind reply

I have raised it again as they have replied completely different to what has been mentioned in the recruitment order

so just want to confirm which will stand legal

thanks for your time sir

 

 

 

Sudhir Kumar, Advocate (Advocate)     12 November 2014

now you have used another term "recruitment order"

 

You have been well advised that notified RRs will prevail.

Pradeep (Sr Consultant)     12 November 2014

This is what i have mentioned in the first line sir

When we were recruited for a central government job our recruitment order stated that probation if for one year

The order that was given by the organization before joining

Sudhir Kumar, Advocate (Advocate)     12 November 2014

How many times you will be told that notified RRs prevails over any letter/advertisemen / administrative instructions.


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