Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF DEFENCE

New Delhi, the 23rd April, 2018 S.R.O. 04(E).—In exercise of the powers conferred by sub-section (2) of Section 13 read with clause (e) of sub-section (2) of section 41 of the Armed Forces Tribunal Act, 2007 (55 of 2007), the Central Government hereby makes the following rules, regulating the method of recruitment to Group ‘A’ posts in the Armed Forces Tribunal, Ministry of Defence, namely:-

1. Short title and commencement.-- (1) These rules may be called the Armed Forces Tribunal (Group-A posts) Recruitment Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Number of posts, classification, level in pay matrix.- The number of the said posts, their classification, and the level in pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.

3. Methods of recruitment, age-limit, qualifications, etc.- The method of recruitment to the said posts, age-limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the aforesaid Schedule.

4. Disqualification. - No person, –

(a) who has entered into or contracted a marriage with a person having a spouse living; or

(b) who, having a spouse living, has entered into or contracted marriage with any other person, shall be eligible for appointment to the said posts:

Provided that the Central Government may, if satisfied, that such marriage is permissible under the personal law applicable to such persons and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

4. Power to relax. - Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

6. Saving. - Nothing in these rules shall affect reservations, relaxations of age-limits and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes the Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

SCHEDULE

Name of post Number of posts Classification Level in the Pay Matrix Whether selection post or non- selection post Age-limit for direct recruits Educational and other qualifications required for direct recruits Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees.

Period of probation, if any Method of recruitment whether by direct recruitment or by promotion or by deputation (Including Short Term Contract) or absorption and percentage of vacancies to be filled by various methods

1. Principal Registrar *Subject to variation dependent on workload General Central Service, Group A, Gazetted, Level 14 (Rs. 144200- Selection Not applicable Not applicable Not applicable Not applicable Promotion, failing which by deputation (Including Short Term Contract) In case of recruitment by promotion or deputation or absorption grades from which promotion or deputation or absorption to be made. If a departmental promotion committee exists, what is its composition Circumstances in which Union Public Service Commission is to be consulted in making recruitment Promotion:

Registrar in level 13 of the pay matrix in any Bench of the Armed Forces Tribunal with three years regular service in the grade, and having successfully qualified two weeks training in Administrative or Judicial or Financial matters from the institute to be prescribed by the Ministry. Note.- Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their senior would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service. Promotion Committee (for considering promotion consisting of: -

(1) Chairperson, Armed Forces Tribunal - Chairman;

Not applicable.

Deputation (Including Short Term Contract):

Officers in Central Government or State Government or Supreme Court or High Court or District Court or Statutory / Autonomous bodies having pensionary benefits:

(a) (i) holding analogous post on regular basis in parent cadre or Department; or

(ii) posts in the level 13 of the pay matrix with three years regular service in the grade in the parent cadre or Department;

(b) having fifteen years of experience in personnel and administrative or judicial work; and

(c) holding a degree in law from a recognized university.

Note 1 : The departmental officers in the feeder grade who are in direct line of promotion, shall not be eligible for consideration for appointment on deputation. Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for appointment by promotion channel.

Note 2 : The period of deputation including period of deputation (Including Short Term Contract) in another ex-cadre post held immediately preceding this appointment in the same or some other Organisation or Department of the Central Government shall not ordinarily exceed four years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application. Member Armed Forces Tribunal– Member;

(3) Additional Secretary in charge of Armed Forces Tribunal in the Ministry of Defence – Member.

2. Registrar 10 * to variation dependent on workload General Central Service, Group `A’, Gazetted, Non- Ministerial.

Level 13 (Rs.118500- Selection Not applicable Not applicable Not applicable Not applicable 20% by promotion, failing which by deputation (Including Short Term Contract), and 80% by deputation (Including Short Term Contract).

Promotion: - Joint Registrar in level 12 of the pay matrix in any Bench of the Armed Forces Tribunal with five years regular service in the grade and having successfully completed two weeks training in Administrative or Judicial or Financial matters from the institute to be prescribed by the Ministry.

Note: Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service. Deputation (Including Short Term Contract): - Officers of Central Government or State Government or Supreme Court or High Court or District Court or Statutory / Autonomous bodies having pensionary benefits or Judge Advocate General Branch of Army, Navy and Air Force and other similar institutions:

(a) (i) holding analogous post on regular basis in the parent cadre or Department; or

(ii) five years regular service in the parent cadre or Department in the Level 12 of the pay matrix; and

(b) holding degree in law from a recognized university.

Group `A’ Departmental Promotion Committee (for considering Term Contract) consisting of:

(1) Chairperson, Armed Forces Tribunal – Chairman;

(2) Judicial/Administrative Member Armed Forces Tribunal – Member;

(3) Joint Secretary in-charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Not applicable.

Note 1 : The departmental officers in the feeder grade who are in direct line of promotion, shall not be eligible for consideration for appointment on deputation (Including Short Term Contract). Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for appointment by promotion channel. Note 2 : The period of deputation including period of deputation (Including Short Term Contract) in another ex-cadre post held immediately preceding this appointment in the same or some other Organisation or Department of the Central Government shall not ordinarily exceed four years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application.

3. Joint Registrar *Subject to variation dependent on workload.

General Central Service, Group ‘A’, Gazetted, Non- Ministerial.

Level 12 (Rs. 78800- Selection Not applicable Not applicable Not applicable Not applicable Promotion, failing which by deputation (Including Short Term Contract).

Promotion: - Deputy Registrar or Deputy Director(Documentations) in the level 11 of the pay matrix possessing degree in Law with five years regular service in the grade and having successfully completed two weeks training in the Administrative or Judicial or Financial matters from the institute to be prescribed by the Ministry. Note: The eligibility list for promotion shall be prepared with reference to the date of completion by the officers of prescribed qualifying service in respective grade or post subject to maintaining the respective grade or post inter-se seniority.

Deputation (Including Short Term Contract): - Officers of the Central Government or State Government or Supreme Court or High Court or District Courts or Statutory / Autonomous bodies having pensionary benefits possessing a degree in law:

(a) (i) holding analogous post on regular basis in the parent cadre or Department; or

(ii) five years regular service in the parent cadre or Department in a post in level 11 of the pay matrix; and

(b) having ten years of experience in personnel and Administrative or Judicial works Note 1 : The departmental officers in the feeder grade who are in direct line of promotion, shall not be eligible for consideration for appointment on deputation. Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for appointment by promotion.

Note 2 : The period of deputation including period of deputation (Including Short Term Contract) in another ex- cadre post held immediately preceding this appointment in the same or some other Organisations or Department of the Central Government shall not ordinarily exceed four years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application. Group `A’ Departmental Promotion Committee (for considering promotion) consisting of:

(1) Chairperson, Armed Forces Tribunal - Chairman;

Forces Tribunal – Member;

(3) Joint Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Not applicable.

4. Senior Principal Private Secretary *Subject to variation dependent on workload.

General Central Service, Group ‘A’, (Gazetted) (Ministerial) Level 12 (Rs. 78800- Selection Not applicable Not applicable Not applicable Not applicable Promotion, failing which by deputation (Including Short Term Contract).

Promotion:- Principal Private Secretary in level 11 of the pay matrix in the Armed Forces Tribunal with five years regular service in the grade and having successfully completed two weeks training in Administrative or Secretarial matters from the institute to be prescribed by the Ministry.

Note: Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their senior would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service. Deputation (Including Short Term Contract): - Stenographers of the Central Government or State Government or Supreme Court or High Court or District Courts or Statutory / Autonomous bodies having pensionary benefits:

(i) holding analogous post on regular basis in the parent cadre or department; or

(ii) with five years regular service in the parent cadre or department in post in level 11 of the pay matrix. Desirable: Degree in Law from a recognized University.

Note 1 : The Departmental officers in the feeder grade who are in the direct line of promotion, shall not be eligible for consideration for appointment on deputation (Including Short Term Contract). Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for promotion.

Note 2 : The period of deputation including the period of deputation (Including Short Term Contract) in another ex-cadre post held immediately preceding this appointment in the same or some other organisation or Department of the Central Government shall ordinarily not exceed four years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application.

Group ‘A’ Departmental Promotion Committee (for considering promotion) consisting of:

(1) Chairperson, Armed Forces Tribunal Chairman;

Member Armed Forces Tribunal - Member;

(3) Director/Deputy Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Not applicable.

5. Deputy Registrar *Subject to variation dependent on workload.

General Central Service, Group `A’, Gazetted, Non- Ministerial.

Level 11 (Rs. 67700- Selection Not applicable Not applicable Not applicable Two years for promotees.

Promotion, failing which by deputation (Including Short Term Contract).

Promotion: - Section Officers or Tribunal Officers in the Armed Forces Tribunal in level 7 of the pay matrix with seven years regular service Group `A’ Departmental Promotion Committee (for considering Not applicable.

in the respective grade and having successfully completed two weeks training in Administrative or Judicial or Financial matters from the institute to be prescribed by the Ministry.

Note: Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service. Deputation (Including Short Term Contract): - Officers of the Central Government or State Government or Supreme Court or High Court or District Courts or Statutory / Autonomous bodies having pensionary benefits:

(a) (i) holding analogous post on regular basis in the parent cadre or Department; or

(ii) with five years regular service in the parent cadre or Department in post in level 10 of the pay Matrix; or

(iii) with six years regular service in the parent cadre or Department in post in level 8 of the pay matrix ; or

(iv) with Seven years regular service in the parent cadre or Department in post in level 7 of the pay matrix; and

(b) having five years of experience in personnel and Administrative or Judicial work. Desirable: Possessing a degree in law from a recognised University. Note 1 : The departmental officers in the feeder grade who are in direct line of promotion, shall not be eligible for consideration for appointment on deputation. Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for appointment by promotion.

Note 2 : The period of deputation including period of deputation (Including Short Term Contract) in another ex-cadre post held immediately preceding this appointment in the same or some other Organisation or Department of the Central Government shall not ordinarily exceed three years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application.

promotion) consisting of:

(1) Chairperson, Armed Forces Tribunal – Chairman;

(2) Judicial/Administrative Member Armed Forces Tribunal –Member;

(3) Director/Deputy Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

6. Deputy Director (Documentation) *Subject to variation dependent on workload General Central Service, Group ‘A’, Gazetted, Non- Ministerial Level 11 (Rs. 67700- Selection Not applicable Not applicable Not applicable Two years for promotees Promotion, failing which by deputation (Including Short Term Contract) Promotion:

Section Officers or Tribunal Officers in the Armed Forces Tribunal in level 7 of the Pay Matrix with seven years regular service in the respective grade and having successfully completed Two weeks training in library and library science. Note: Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their senior would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such Group `A’ Departmental Promotion Committee (for considering promotion) consisting of: -

(1) Chairperson, Armed Forces Tribunal - Chairman;

(2) Judicial/Administrative Member Not applicable.

qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service. Deputation (Including Short Term Contract): - Officers under Central Government or State Government or Supreme Court or High Court or District Courts or Statutory / Autonomous bodies having pensionary benefits:

(a) (i) holding analogous post on regular basis in the parent cadre or department: or

(ii) with five years regular service in the parent cadre or Department in posts in level 10 of the pay matrix; or

(iii) with Six years regular service in the parent cadre or Department in posts in level 8 of the pay matrix; or

(iv) with Seven years regular service in the parent cadre or Department in posts in level 7 of the pay matrix: and

(b) (i) possessing the following educational, qualifications, namely: Essential: Degree of a recognised University or equivalent.

Desirable : Degree in Law: and

(ii) Having five years’ professional experience in a library under Central Government or State Government or Autonomous or Statutory organisation or Public Sector Unit or University or recognised research institution or educational institution.

Note 1: The departmental officers in the feeder grade who are in direct line of promotion, shall not be eligible for consideration for appointment on deputation. Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for appointment by promotion channel.

Note 2: The period of deputation including period of deputation (Including Short Term Contract) in another ex-cadre post held immediately preceding this appointment in the same or some other Organisation or Department of the Central Government shall not ordinarily exceed three years. The maximum age limit for appointment by deputation shall not exceed 56 yrs as on the closing date of receipt of application.

Armed Forces Tribunal - Member;

(3) Director/Dy. Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Principal Private Secretary Subject to variation dependent on workload.

General Central Service, Group ‘A’, Gazetted Ministerial Level 11 (Rs. 67100- Selection Not applicable Not applicable Not applicable Two years for promotees 25% by promotion failing which by deputation (Including Short Term Contract) and 75% by deputation (Including Short Term Contract) or absorption.

Promotion:- Private Secretary in level 7 of the pay matrix with seven years regular service in the grade and having successfully Group ‘A’ Departmental Promotion Committee (for considering promotion) Not applicable.

completed two weeks training in administrative or secretarial matters from the institute to be prescribed by the Ministry.

Note 1 : Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their senior would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service.

Note 2 :

Deputation (Including Short Term Contract)/absorption:- Stenographers in Central Government or State Government or Supreme Court or High Court or District Courts or Statutory / Autonomous bodies having pensionary benefits:

(a) holding analogous post on regular basis in the parent cadre of department; or

(b) with six years regular service in the parent cadre or Department in posts in level 8 of the pay matrix; or

(c) with seven years in regular service in the parent cadre or Department in posts in level 7 of the pay matrix. Desirable: Knowledge in computer operation.

Note 3 : The Departmental officers in the feeder grade who are in the direct line of promotion, shall not be eligible for consideration for appointment on deputation. Similarly, a deputationist in the Armed Forces Tribunal shall not be eligible for consideration for promotion.

Note 4 : The period of deputation including the period of deputation (Including Short Term Contract) in another ex- cadre post held immediately preceding this appointment in the same or some other Organisation or Department of the Central Government shall ordinarily not exceed three years. The maximum age limit for appointment by deputation shall not exceed 56 years as on the closing date of receipt of application. consisting of: -

(1) Chairperson, Armed Forces Tribunal – Chairman;

(2) Judicial/Administrative Member, to be nominated by the Chairperson, Armed Forces Tribunal - Member;

(3) Director/Deputy Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Group ‘A’ Departmental Confirmation Committee (for confirmation) consisting of:

(1) Chairperson, Armed Forces Tribunal – Chairman;

(2) Judicial/Administrative Member, to be nominated by the Chairperson, Armed Forces Tribunal - Member;

(3) Director/Deputy Secretary in charge of Armed Forces Tribunal in the Ministry of Defence- Member.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Armed Forces Tribunal Act, 2007