Preamble - EX-SERVICEMEN (RE-EMPLOYMENT IN CENTRAL CIVIL SERVICES AND POSTS) RULES, 1979

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules for regulating the recruitment of ex-servicemen in Central Civil Services and Posts, namely:-

Rule 1 - Short title and commencement

1. Short title and commencement.--

(1) These^* rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979.

(2) They shall be deemed to have come into force on the first day of July, 1979.

*. Promulgatc1 G.T., Notification No. 39016!10179 Estt.(C), dated the 15th December, 1979.

Rule 2 - Definitions

2. Definitions.--

In these rules, unless the context otherwise requires?

(a) "Armed Forces of the Union" means the naval, military and air forces of the Union;

(b) "disabled ex-serviceman" means an ex-serviceman who while serving in the Armed Forces of the Union was disabled in operations against the enemy or in disturbed areas;

(c) "ex-serviceman" means a person, who has served in any rank (whether as a combatant or as non-combatant), in the Armed Forces of the Union, including the Armed Forces of the former Indian States, but excluding the Assam Rifles. Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Territorial Army, for a continuous period of not less than six months after attestation, and

(i) has been released, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to the reserve pending such release; or

(ii) has to serve for not more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid; or

¹[Provided that Short Service Commissioned Officers released from service after completing initial terms of engagement otherwise than by way of dismissal or discharge on account of misconduct or inefficiency and have been given gratuity shall be eligible to the status of Ex-servicemen;]

(iii) has been released at his own request after completing five years' service in the Armed Forces of the Union;

(d) "para-military forces" means the Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police;

Central Industrial Security Force, Secretariat Security Force, Assam Rifles, and Railway Protection Force;

(e) "reserved vacancies" means vacancies reserved under Rule 4 for being filled by ex-servicemen.

1. Inserted by Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2020, vide Notification No. GSR116(E), dated 13.02.2020.

 

 

 

 

 

 

 

 

 

 

 

Rule 3 - Application

3. Application.--

These rules shall apply to all the Central Civil Services and Posts, Group 'C' and Group `D' and to the posts of the level of Assistant Commandant in all pars-military forces.

Rule 4 - Reservation of vacancies

4. Reservation of vacancies.--

(1) Ten per cent of the vacancies in the posts of the level of Assistant Commandant in all para-military forces; ten per cent of the vacancies in each of the categories of Group 'C' posts and of such posts in each group 'C' Service; and twenty per cent of the vacancies in each of the categories of Group 'D' posts and of such posts in each Group 'D' Service, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in ally year shall be reserved for being filled by ex-servicemen :

Provided the percentage of reservation so specified for ex-servicemen in a category of posts shall be increased or decreased, in any one recruitment year to the extent to which the total number of vacancies reserved for ex-servicemen, Scheduled Castes and Scheduled Tribes (including the carried forward reservations for Scheduled Castes and Scheduled Tribes; and for any other categories taken together, falls short or is in excess as the case may be, of fifty percent of the vacancies in that category of posts filled in that year

Provided further that in ease of an increase in the reservation for the ex-servicemen under the preceding proviso the additional vacancies so made available for them shall be utilised first for the appointment of disabled ex-servicemen and if any such vacancies still remain unfilled thereafter the same shall then be made available to other ex-servicemen.

(2) Out of the vacancies reserved for being filled by ex-servicemen, vacancies shall be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with such orders as are issued in this behalf by the Central Government from time to time :

Provided that if any ex-serviceman belonging to the Scheduled Caste or Scheduled Tribe is selected, his selection shall be counted against the overall quota of reservations that shall he provided for the Scheduled Castes or Scheduled Tribes in accordance with the orders issued by the Central. Government from time to time.

(3) No vacancy reserved for ex-servicemen in a post to be filled otherwise than on the results of an open competitive examination, shall be filled by the appointing authority by any general candidate, until and unless the said authority?

(i) has obtained a Non-availability Certificate' from the employment exchange (where a requisition is placed on an employment exchange);

(ii) has verified the non-availability of a suitable candidate by reference to the Director General Resettlement and recorded a certificate to that effect; and

(iii) has obtained approval of the Central Government.

Rule 5 - Special provision regarding age limit

5. Special provision regarding age limit.--

For appointment to any vacancy in Central Civil Services Group 'C' and Group whether reserved or not under these rules. every ex-serviceman who has put in not less than six months continuous service in the Armed Forces of the Union shall be allowed to deduct the period of such service from his actual age and it the resultant ace does not exceed the maximum age limit prescribed for the post or service for which he seeks appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.

Rule 6 - Special provision regarding educational qualification

6. Special provision regarding educational qualification.--

(1) For appointment to any reserved vacancy in Group 'D' posts. every-ex-serviceman who has put in not less than three years service in the Armed Forces of the Union shall he exempt from the minimum educational qualification, if any. prescribed in respect of such poets.

(2) For appointment to any reserved vacancy in Group 'C' posts the appointing authority may at its discretion, relax the minimum educational qualification. where such qualification prescribed is a pass in the Middle School Examination or an her examination, in favour of ex-servicemen who have put in at least three years service in the Armed Forces of the Union and who are otherwise considered fit and suitable for appointment to such posts, in view of their experience and other qualifications.

(3) For appointment to any reserved vacancy in Group 'C' posts, to be filled partly by direct recruitment and partly by promotion or transfer, where the minimum educational or technical qualification prescribed for appointment by direct recruitment is higher than that prescribed for promotees or transferees, an ex-serviceman shall be deemed to satisfy the prescribed educational or technical qualification if he,?

(i) satisfies the educational or technical qualification prescribed for direct recruitment to the post from which promotion or transfer to the post in question is allowed; and

(ii) has identical experience of work in a similar discipline and for the same number of years in the Armed Forces of the Union, as prescribed for promotees or transferees.

¹[(4) For appointment to any reserved vacancy in Group 'C' posts, a Matriculate Ex-Serviceman (which term includes an ex-serviceman, who has obtained the Indian Army Special Certificate of Education or the corresponding certificate in the Navy or Air Force); who has put in not less than 15 years of service in the Armed Forces of the Union may be considered eligible for appointment to the posts for which the essential educational qualification prescribed is graduation and where

(a) work experience of technical or professional nature is not essential; or

(b) though non-technical professional work experience is prescribed as essential yet the appointing authority is satisfied that the ex-serviceman is expected to perform the duties of the post by undergoing on the job training for a short duration.

(5) For appointment to any reserved vacancy in Group 'C' and Group 'D' posts, where the prescribed minimum educational qualification is matriculation, the appointing authority may, at his discretion relax the minimum educational qualifications in favour of an ex-serviceman who has passed the Indian Army Class-I Examination or equivalent examination in the Navy or the Air Force, and who has put in at least 15 years of service in the Armed Forces of the Union and is otherwise considered fit to hold the post, in view of his experience and other qualifications."]

Explanation.---,For the purposes of this rule, in computing the period of three years service, there shall be added any period of service which an ex-serviceman has rendered while serving in a corresponding post or posts in a civil department, or a public sector undertaking or an autonomous organisation, whether under the Central Government or any State Government, or in a Nationalised Bank to the period of Service rendered in the Armed Forces of the Union.

1. Inserted by Dept. of Personnel & Training. Notification No. 15012/8/82-Estt. (D). dated the 12th February, 1986 and published as G.S.R. No. 160 in Part IT, Section 3, Sub-Section (i) of Gazette of India. dated 1st March, 1986.

Rule 6A - Lower Standard for Selection

6A. Lower Standard for Selection.--

In the case of direct recruitment, if sufficient number of candidates belonging to the ex-servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates belonging to the category of ex-servicemen may be selected under a relaxed standard of selection to make up the deficiency in the reserved quota subject to the condition that such relaxation will not affect the level of performance by such candidates.

Rule 7 - Amendment of recruitment rules

7. Amendment of recruitment rules.--

All rules regulating the recruitment of persons to Group 'C' and Group 'D' posts and services under the Central Government shall he subject to the provisions of these rules and shall be construed accordingly.

Rule 8 - Interpretation

8. Interpretation.--

If any question arises as to the interpretation in these rules the same shall he decided by the Central Government.