Ministry of Defence, Armed Forces Headquarters Clerical Service Rules, 2023: MoD S.R.O. 81 dated 19.07.2023

Ministry of Defence, Armed Forces Headquarters Clerical Service Rules, 2023: MoD S.R.O. 81 dated 19.07.2023

MINISTRY OF DEFENCE
NOTIFICATION

New Delhi, the 19th July, 2023

S.R.O 81.—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Armed Forces Headquarters Clerical Service Rules, 2001, except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules, namely: –

1. Short title and commencement.- (1) These rules may be called the Ministry of Defence, Armed Forces Headquarters Clerical Service Rules, 2023.

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

(3) Application.- These rules shall apply to the persons holding the posts in the Senior Secretariat Assistant Grade and Junior Secretariat Assistant Grade in the Integrated Headquarters of the Ministry of Defence (Army, Navy and Air), Defence Staff Headquarters and Inter Service Organisations as shown in the First Schedule annexed to these rules.

2. Definitions.- In these rules, unless the context otherwise requires,-

(a) “appointing authority” in relation to any Grade means the authority empowered under the Central Civil Service (Classification, Control and Appeal) Rules, 1965 to make appointments to that Grade;

(b) “approved service” in relation to any Grade means-

(i) in respect of an officer recruited directly to that Grade, period or periods of regular Service rendered in that Grade, including period or periods of absence during which he would have held a post on regular basis in that Grade but for his being on leave or otherwise not being available to hold such post, from the first day of January of the year, following the year of the examination for direct recruitment was held;

(ii) in respect of an officer recruited to that Grade through departmental examination, period or periods of regular Service rendered in that Grade including period or periods of absence during which he would have held a post on regular basis in that Grade but for his being on leave or otherwise not available to hold such post, from the first day of January of the year for which such examination was held;

(iii) in respect of an officer recruited to that Grade on the basis of length of Service in the lower Grade, period or periods of regular service rendered in that Grade, including period or periods of absence during which he would have held a post on regular basis in that Grade but for his being on leave or otherwise not being available to hold such post, from the first day of January of the year for which the recruitment was made:

Provided that where there is a delay of more than ninety days in joining an appointment, in any of the cases mentioned in sub-clauses (i), (ii) and (iii) above, such delay should not be due to any fault on the part of the officer.

(c) “cadre controlling authority” in relation to the members of the service means the Joint Secretary and Chief Administrative Officer in the Ministry of Defence;

(d) “direct recruit” means a person recruited to the Junior Secretariat Assistant Grade on the basis of a competitive examination held by the Staff Selection Commission or recruited through compassionate appointment as specified in rule 8;

(e) “duty post” in relation to any Grade means a post of that Grade included in the Armed Forces Headquarters Clerical Service;

(f) “Government” means the Central Government;

(g) “Grade” means any of the Grades specified in rule 3;

(h) “Permanent Officer” in relation to any Grade means a person who has been confirmed in the entry Grade;

(i) “Schedule” means a Schedule annexed to these rules;

(j) “Service” means the Armed Forces Headquarters Clerical Service;

(k) “other backward classes” means the castes or communities notified by the Central Government from time to time for the purpose of reservation in services or posts in the Government of India;

(l) “Scheduled Castes and Scheduled Tribes” shall have the same meaning as are assigned to them in clause (24) and (25) respectively at article 366 of the Constitution of India;

(m) “Rules” means the Armed Forces Headquarters Clerical Service Rules, 2023;

(n) “Select List” in relation to Senior Secretariat Assistant and Junior Secretariat Assistant means the list prepared for promotion to the respective Grades to fill the existing and anticipated vacancies likely to occur during the year and are decided to be filled by promotion.

(o) “Staff Selection Commission” means the Staff Selection Commission set up by the Government;

(p) ‘temporary officer’ in relation to any Grade means a person holding a temporary or officiating appointment in that Grade on the basis of his being, regularly approved for such appointment or an officer appointed to a Grade who is yet to be removed from probation.

3. Composition of the Service.—

(1) There shall be two Grades in the Service, namely:-

(a) Senior Secretariat Assistant Grade including Senior Secretariat Assistant Non Functional Selection Grade; and
(b) Junior Secretariat Assistant Grade;

(2) The posts in both the Grades shall be Non-Gazetted posts classified as Central Civil Service, Group ‘C’ Ministerial. The posts in both the Grades shall be non-selection posts.

4. Authorised Strength of the Service and its review-

(1) The authorised strength of the Grades of the Service shall be as specified in the Second Schedule.

(2) Notwithstanding anything contained in Sub-rule (1) the Central Government may :-

(a) from time to time make temporary additions or alterations to the duty posts in various Grades of the service;

(b) any post in the Integrated Headquarters of the Ministry of Defence (Army, Navy and Air), Defence Staff Headquarters and Inter Service Organisations may be encadred if the functions attached to such posts are such as require, in the opinion of the cadre controlling authority, the holder of the post to possess substantially the same qualifications, training and experience as those necessary for the holders of duty posts in the Service or exclude from the service any duty post already included in the Service.

5. Appointment to the Service.– Appointment to the Junior Secretariat Assistant Grade of the Service shall be subject to following conditions :-

(1) Such enquiry as may be considered necessary by the Central Government;

(2) person is found to be free from any mental or physical defect, after such medical examination as the Central Government may prescribe, which is likely to interfere with the discharge of the duties of the Service;

(3) 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 a marriage with any person, shall be eligible for appointment to Service:

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

6. Duty post to be held by Grade officer.– Every duty post shall, unless declared to be excluded from the Service under rule 4 or held in abeyance for any reason, be held by any officer of the appropriate Grade.

7. Method of recruitment in the Service.–

(1) The posts of Service shall be filled as shown in the Third Schedule.

(2) If sufficient number of qualified candidates are not available for appointment to the Junior Secretariat Assistant Grade on the results of competitive examinations held by the Staff Selection Commission, the vacancies may be filled either provisionally or on a regular basis in such manner as may be decided by the Central Government.

(3) There shall be reservation in filling up the vacancies in Junior Secretariat Assistant Grade and Senior Secretariat Assistant Grade for the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes, the ex-servicemen and other special categories as the case may be in accordance with the orders issued by the Central Government from time to time in this regard.

8. Compassionate appointments.- Notwithstanding anything contained in the Third Schedule, the appointing authority may fill the vacancies in the Junior Secretariat Assistant Grade arising in a year, otherwise than as provided for in these rules, by appointment of a son or daughter or wife or husband or brother or sister of a Government servant who dies during the period of his service or is retired on medical grounds as per orders or instructions issued by the Central Government.

9. Rules for competitive examination.- The rules for the competitive examinations including Limited Departmental Competitive Examinations held by the Staff Selection Commission referred to in the Third Schedule shall be as notified by the Central Government (Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions) for the purpose from time to time.

10. Probation.- (1) Every person recruited to the Junior Secretariat Assistant Grade of the Service through direct recruitment mode shall initially be appointed on probation, the period of probation being two years from the date of recruitment.

(2) During probation, a member of the Service may be required to undergo such training and to pass such tests as the Government may from time to time, prescribe.

(3) Every person appointed to the Junior Secretariat Assistant Grade who does not pass such tests as prescribed under sub-rule (2) shall continue to be on probation till he passes such tests or till he has been specially exempted by the Government from passing such tests:

Provided that persons, against whom any departmental or legal proceedings are pending, shall continue to be on probation.

(4) The period of probation specified in sub-rule (1), may be extended or curtailed in any case, if the appointing authority deems fit, but the total period of extension of probation shall not exceed two years or double the normal period of extension as per the Central Government instructions issued from time to time except as specified in sub-rule (3).

11. Confirmation.- Persons appointed to the Junior Secretariat Assistant Grade shall, on completion of the probation or any extension thereof, be confirmed in the Grade if considered fit and if not already confirmed in the entry Grade.

12. Discharge or reversion of persons on probation.-

(1) An officer appointed to the Junior Secretariat Assistant of the Service who has no lien on any post under the Central Government or any State Governments shall, while on probation, be liable to be discharged from service at any time without notice, if-

(a) on the basis of his performance or conduct during probation, he is considered unfit for further retention in the Service; or

(b) on the receipt of any information relating to his nationality, age, health educational qualifications or antecedents, the appointing authority is satisfied that he is ineligible or otherwise unfit for being a member of the Service.

(2) An officer appointed to the Junior Secretariat Assistant Grade of the Service who holds a lien on a post under the Central Government or any State Governments may, while on probation, be reverted to such post at any time in any of the circumstances specified in sub-rule (1).

13. Seniority.- (1) The seniority of the members of the Service on commencement of the Armed Forces Headquarters Clerical Service Rules, 2023, shall be the seniority in their respective Grades as determined before commencement of these rules:

Provided that if seniority of any member of the Service had not been specifically determined before commencement of the Armed Forces Headquarters Clerical Service Rules, 2023, it shall be determined by the Central Government in accordance with the then prevailing rules:

Provided further that where a judgment or direction has already been issued by a court or tribunal with regard to refixation of seniority and related matters in the context of the rules subsisting earlier, necessary action to complete the process already initiated or action as deem fit necessary shall be taken in accordance with the rules subsisting prior to the commencement of these rules.

(2) The seniority of persons appointed to both the Grades of the Service after commencement of these rules shall be determined in accordance with the general orders or instructions issued by the Central Government from time to time.

(3) Relative seniority of direct recruits and promotees in the Grade of Junior Secretariat Assistant shall be determined in accordance with the general orders or instructions issued by the Central Government from the time to time.

14. Level in pay matrix.- The level in the pay matrix attached to the Grades of Service shall be as follows, namely:-

(1) Senior Secretariat Assistant in level-4 in the pay matrix (Rs. 25500-81100) and Senior Secretariat Assistant (Non Functional Selection Grade) in level-6 in the pay matrix (Rs. 35400- 112400); and

(2) Junior Secretariat Assistant in level-2 in the pay matrix (Rs. 19900-63200).

15. Regulation of level in pay matrix.- The level in the pay matrix and increments of officers of the Grades shall be regulated in accordance with the Fundamental Rules or other rules in force relating to level in the pay matrix.

16. Regulations.- The Central Government may make regulations not inconsistent with these rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to these rules.

17. Residuary matters .- In regard to matters not specifically covered by these rules or by regulations or orders made or issued thereunder, or by special orders, the members of the service shall be governed by the rules, regulations, and orders applicable to the Civil Services in general.

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

19. Saving.- Nothing in these rules shall affect reservation, relaxation of age-limit 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.

20. Interpretation.- If any question arises relating to the interpretation of these rules or the regulations made thereunder it shall be referred to the Central Government for decision.

21. Overriding effect of the rules. — Any rules or orders in force immediately before commencement of these rules shall not apply to the extent they are inconsistent or repugnant to these rules.

22. Composition of Departmental Promotion Committee.- The composition of the Departmental Promotion Committee for the Service shall be as indicated in the Fourth Schedule.

FIRST SCHEDULE
[(See rule 1(3)]

Names of the Integrated Headquarters of the Ministry of Defence and Inter Service Organisations to whom the Armed Forces Headquarters Clerical Service Rules, 2023 shall apply:-

(a) Headquarters

1. Integrated Headquarters of the Ministry of Defence (Army).
2. Integrated Headquarters of the Ministry of Defence (Navy).
3. Integrated Headquarters of the Ministry of Defence (Air).
4. Integrated Defence Staff Headquarters.

(b) Inter Service Organisations of the Ministry of Defence

1. Armed Forces Film and Photo Division.
2. Defence Research and Development Organisation.
3. Directorate General of Defence Estate.
4. Directorate of Planning and Coordination.
5. Directorate of Public Relations, including Sainik Samachar.
6. Directorate of Standardisation.
7. Directorate General Aeronautical Quality Assurance.
8. Directorate General Armed Forces Medical Services.
9. Directorate General of Quality Assurance.
10. Directorate General of National Cadet Corps.
11. Directorate General of Resettlement.
12.  History Division.
13. Kendriya Sainik Board.
14. Joint Cipher Bureau.
15. Ministry of Defence Distribution Section.
16. Ministry of Defence Library.
17. National Defence College.
18. Office of the Joint Secretary and Chief Administrative Officer.
19. School of Foreign Languages.
20. Security Office.
21. Service Sports Control Board.
22. Defence Exhibition Organisation
23. Ordnance Factories Cell.
24. Advance Technology Vessel Project.
25. Weapons and Electronics Systems Engineering Establishment.

SECOND SCHEDULE

(See rule 4)

Authorised strength of the various Grades of the Armed Forces Headquarters Clerical Service.

1. Senior Secretariat Assistant.- 1510 (subject to variation dependent on workload or encadrement or cadre restructuring. Thirty per cent. of the authorised strength of Senior Secretariat Grade shall be eligible for placement in the Grade of Senior Secretariat Assistant (Non Functional Selection Grade) in accordance with the instructions and procedures laid down for this purpose by the Central Government).
2. Junior Secretariat Assistant.- 1516 (subject to variation dependent on workload or encadrement or cadre restructuring including reserves).

THIRD SCHEDULE
(See rule-7)

Rules for the filling the duty posts in the Service.

Departmental Confirmation Committee (for considering confirmation) consisting of:-

[F. No. A/33953/CAO/R-2]

JITENDRA KUMAR, Director