Rule, 2012

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.

Ohl 'R. 3] No. 3]

EXIRAORDINARY

PUBLISHED BY AUTIJORITY

"'~,~, ~ 2, 201311i'N 12, 1934

NEW DELHI, WEDNESDAY, JANUARY 2, 2013IPAUSA 12, 1934

(~ aftt ~ f!!'I1'T) ;fl11l If!" ~ i 2012 t I 3l'1ic!. :- 3!wfi ~ *~<f; <l<n,~'~', 37400- 33 GU2013 (I) 4 TIlE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC 3(i)] , t 6 THE GAZETTE OF INDIA : EX1RAORDlNARY [PART II-SEc. 3(i)] • !:m ~! i' i ~ i !i~;l ~ t I .~ em: ~ ~ I !£ WHi HHH i 6 0 ~ qo 000 ~l~~ ji '~f .... '" ~ tE i ~ ~ ~ 8 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II-SEc. 3(il] • I p ~.m.~m<I

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 3lstDecember, 2012

GS.R. 3(E)·-ln exercise of the powers conferred by Section 36 read with sub-sections (I) and (2) of Section 13 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules further to amend the Central Administrative Tribunal, (Group' A' Posts) Recruitment Rules, 1988, namely: - I. (I) Short title and commencement:- These rules may be called the Central Administrative Tribunal (Group 'A' Posts) Recruitment (Amendment) Rules, 2012.

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

2. In the Central Administrative Tribunal (Group 'A' Posts) Recruitment Rules, 1988, for the Schedule, the following Schedule shall be substituted, namely: -

SCHEDULE

Selection direct other i I Name of post \ Number of post I Classification I Pay Band Plus Grade I m. ... I • 1 I Pay I I. Principal Registrar 'Subject to variation depending on i wnrkln~rl Service Group 'A' 167000/- Plus Grade Pay Gazetted, Non- I of Rs.1 0000/- Mi"i'"'tpri~i I post or Non- recruits qualifications I Selection required for direct st Selection Not Not applicable applicable I o Cl "t! ;S [ 1 [ 2 3 -T----4----1---s- Whether age Period of Method of In case of recruitment promotion / and probation, if recrnitment: deputation / absorption grades educational any Whether by direct from which promotion / deputation qualificatious recruitment or by / absorptiou to lIe-inade prescribed promotion or by for direct deputation / recruits will absorption and apply in the percentage of case of vacancies to be filled promotees by various methods Not Not applicable Promotion failing Promotion: - applicable , which by deputation Registrar with three years regular service in the grade in the Central Administrative TribunaL Note 1: - Where juniors who have completed their qualifYing or eligibility service are being considered for promotion, their seniors shall 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 their probation period for promotion to the . next higher grade along with their juniors who have already completed such qualifYing or eligibility service.

6 -- I --7---J If a Departmental Circumstances I Promotion Committee in ",hich exists, what is its Union Public ' composition Service Commission is to be consulted in making recruitment Group' A' Departmental Not applicable Promotion Committee (for considering Promotion) consisting of:

1. Chairman, Central '.

Administrative Tribunal . Chairman

2. Member nominated by the Chainnan, Central' Administrative Tribunal· Member 3.Secretary or Additional Secretary m the Department of Personnel & Training- Member I t Note 2: - For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to 01.01.2006 (the date from which the revised pay structure based on the 6th CPC recommendations has been extended) shall be deemed to be service rendered in the corresponding Grade Pay/Pay Scale extended, based on that recommendations of that Commission.

Deputation:

(i) Officers possessing a degree in law and holding-

(a) analogous posts in the Central Government / State Government / High Court;

(b) a post in Central Government! State Government! High Court in the grade pay of Rs.8700/- with three years regular service in the grade. .

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tTl k w co (;J "N ~ 8 9 10 11 1 12 1 13 l W (ii) Officers holding post of District , Judge/ Additional Registrar of High " Courts on regular basis.

Desirable: Persons having good academic record and having experience of personnel and administrative matters.

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. Similarly, deputationist shall not be eligible for consideration for appointment by promotion.

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

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2. Registrar *09 (2012) *Subject to variation depending on workload 3 j 4 5 Note 3: - For purposes of appointment on deputation / absorption basis, the service rendered on regular basis by an officer prior to 01.01.2006(the date from which the revised pay structure based on the 6th CPC recommendations has been extended), shall be deemed to be service rendered In the corresponding Grade Pay / Pay Scale extended based on the recommendations of that Commission except where these has been merged of more than one pre-revised scale of pay into one Grade with a common Grade Pay/ Pay Scale and where this benefit will extend only for the post(s) for which that Grade Pay / Pay Scale in the normal replacement grade without any upgradation, General Central Pay BandA Selection 'A' Gazetted, Plus Grade Pay of Not applicable Not applicable i w w

8. I .). 10. 11. 12. 13. J Not applicable Not 66.66% by Promotion: - Group 'A' Departmental Not I ap plicable Promotion; and Jomt RegIstrar wIth five years PromQtlon Committee (for applicable d deputation regular service in the Central consieering promotion) by I Administrative Tribunal failing consisting of: - [which at least ten years combined I.Chairman- regular service in th~~grades of joint Administrative Registrar and Deputy R,egistrar, out Chairman Central Tribunal of which at least three years regular 2.Member nominated by the service should be in the grade of Chairman, Central joint Registrar. Administrative Tribunal Member

3. Joint Secretary Incharge of Administrative Tribunal Division in the Department of Personnel & Training - Member Note 1: - Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors shall 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 their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service.

Note 2: - For ~he purpose of computing mlDlmUm . qualifying service for promotion, the service rendered on a regular basis by an officer prior to 01.01.2006 (the date from which the revised pay structure based on the 6th CPC recommendations has been extended), shall be deemed to be service rendered in the corresponding Grade PaylPay Scale extended based on that recommendations ofthat eommission.

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1. I 2. ---~T 3. 4. 5. ~. 6. 7.

Deputation: -

(i) Officers possessing a degree in law and holding-

(a) analogous post in the Central Government! State Government! High Court; or

(b) posts with grade pay of Rs.7600/- with a minimum of five years regular service in the grade; or

(e) posts with grade pay of Rs.6600/- with a minimum of ten years regular service, or

(ii) Officers holding post of District Judge/Additional District Judge/ Registrar/ Additional Registrar of High Court on regular basis.

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. Similarly, deputationist shall not be eligible for consideration for appointment by promotion.

Note 2: - The period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other organization/department of the Central Government shall ordinarily not exceed three years. The maximum age limit for appointment by deputation shall not be exceeding 56 years as on the closing date of receipt of application.

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1. I 2. I 3. 4. 5. 6. 7.

Note 3: -- For purposes of appointment on deputation/ absorption basis, the service rendered on regular basis by an officer prior to 01.01.2006 (the date from which the revised pay structure based on the 6th CPC recommendations has been extended), shall be deemed to be service rendered in the corresponding Grade Pay/Pay Scale extended based on the recommendations of that Commission except where these has been merged of more than one pre­ revised scale of pay into one Grade with a common Grade Pay/Pay Scale and where this benefit will extend only for the post( s) for which that Grade PaylPay Scale in the normal replacement grade without any upgradation.

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3. Joint Registrar *11 (2012) General Central -Pay Band-3 Selection *Subject to Service Group Rs.15600-39100/- variation 'A' Gazetted, Plus Grade Pay of depending on Non-Ministerial Rs.7600/- workload

8. 9. 10. II.

Not applicable Not applicable 66.66% by Promotion: - Promotion; and Deputy Registrar with five years 33.33% by regular service in the grade in the deputation Central Administrative Tribunal.

Note 1: - Where juniors who have- completed their qualifying or eligibility service are being considered for promotion, their seniors shall 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, which~ver is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service.

Not applicable Not applicable Group 'A' Not applicable Departmental Promotion Committee (for considering promotion) consisting of: - I. Chairman, Central Administrative Tribunal- Chairman 2.Member nominated by the Chairman, Central Administrative Tribunal- Member

3. Joint Secretary Incharge of Administrative Tribunal Division in the Department of Personnel and Training - Member i I ill w g

1. I 2. I 3. 4. . L 5. 6. I 7. ~ Note 2: - For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis bY··an officer prior to 01.01.2006 (the date from which the revised pay structure based on the 6th CPC recommendations has been extended), shall be deemed to be service rendered in the corresponding Grade Pay/Pay Scale extended based on the recommendations of that Commission.

Deputation: -

(i) Officers possessing a degree in Law and holding:

(a) analogous posts under Central Government! State Government! High Court; or

(b) posts with minimum of five years regular service in the grade pay of Rs.6600/-

(ii) Judicial officers with minimum of eight. years regular service.

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. Similarly, deputationists shall not be eligible for consideration for appointment by promotion.

Note 2: - The period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same of some other organization/Department of the Central Government shall ordinarily not exceed three years. The maximum age limit for appointment by deputation shall not be exceeding 56 years· as on the closing date of receipt of application.

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1. 2.- 1--3. 4. J 5-:- 1 - 6.- [-7.

Note 3: For purposes of appointment on deputation/ absorption basis, the service rendered on regular basis by an officer prior to 01.01.2006 (the date from which the revised ray structure based on the 6' CPC recommendations has been extended), shall be deemed to be service rendered in the corresponding Grade Pay/ Pay Scale extended based on the recommendations of that Commission except where these has been merged of more than one pre­ revised scale of pay into one Grade with a common Grade Pay/ Pay Scale and where this benefit will extend only for the post(s) for which that Grade Pay/ Pay Scale in the normal replacement grade without any upgradation.

ffi Sil w T B w Il\

4. Deputy Registrar Not applicable *Subject to variation depending on workload Not applicable Central Grade Pay ofRs.6600/- Service Group 'A' Gazetted, ...

Non- Ministerial Promotion failing Promotion: - which by Section Officer/ Court Officer in deputation the Central Administrative Tribunal with combined regular service of six years in the grade pay of Rs.4800/- and 5400/-.

Note 1: - Where juniors who have completed their qualifying or eligibil ity service are being considered for promotion, their senior shall 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 their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service.

Selection Not applicable I. Chairman, Central Administrative Tribunal or a Member nominated by the Chairman, Central Administrative Tribunal - Chairman 2.Member, Central Administrative Tribunal nominated by the Chairman, Central Administrative Tribunal - Member

3. Principal Registrar or other Registrar or Joint Registrar nominated by the Chairman, Central Administrative Tribunal - Member Not applicable Not applicable w ~ c m !::l i j I t • • J I i Note 2: - For the purpose of computing mInimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to 01.01.2006 (the date from which the revised pay structure based on the 6th CPC recommendations has been extended), shall be deemed to be service rendered in the corresponding Grade Pay/ Pay Scale extended based on the recommendations of that Commission.

Deputation: -

(i) Officers of the Central Government/ State Government! High Court;

(a) (i) holding analogous post on regular basis, or

(ii) with at least five years regular service in the grade pay of Rs.5400/­ or

(iii) with at least six years regular service in the grade pay of Rs.4800/- or equivalent; and

(b) possessing a degree in Law from a recognized University or equivalent.

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. Similarly, deputationists shall not be eligible for consideration for appointment by promotion. - 5! m N m z ~ o I f'l w Note 2: - The period of deputation including period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organization/Department. of the Central Government shall ordinarily not exceed three years. The maximum age limit for appointment by deputation shall not be exceeding 56 years as on the closing date of receipt of application.

Note 3: - For purposes of appointment on deputation/ absorption basis, the service rendered on regular basis by an officer prior to Ol.O1.2006( the date from which the revised pay structure based on the 6th CPC recommendations has been extended}, sl)all be deemed to be service rendered in the corresponding Grade Pay/ Pay Scale extended based on the recommendations of that Commission except where these has been merged of more than one pre-revised scale of pay into one Grade with a common Grade Pay/ Pay Scale and where this benefit will extend only for the post( s} for which that Grade PaylPay Scale in the normal w !)l ;j I t • • j i t i I .'f if '< " s-a o 0 § 5' i l "." • a s,y;

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Ii' replacement grade without any MANOJ JOSHI, Jt. Seey.

FootNote::-· The Principal rules were published in the Gazetted ofIndia vide G.S.R. No.1036 (E) on 27th October, 1988 and subsequently amended vide G.S.R.No.1024 (E) dated 20th November, 1989, G.S.R.No.494 dated 20th August, 1991, !);i I T en !'l w

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 Administrative Tribunals Act, 1985