What are recruitment conditions for various services in India?
Q. Which of the following is/are true?
1) Provisions regard to All-India Services, Central Services and State Services do not apply to Jammu and Kashmir unless explicitly mentioned.
2) Members of the civil services of a state hold office during the pleasure of the Governor of the state
3) State Legislature can impose reasonable restrictions on the Fundamental Rights of public servants.- Published on 16 Mar 17a. 1, 2
b. 1
c. 2, 3
d. All of the above
ANSWER: All of the above
- Articles 308 to 314 in part XIV of the Constitution contain provisions with regard to All-India Services, Central Services and State Services.
- Article 308 says that these provisions do not apply to the state of Jammu and Kashmir.
Recruitment and Service Conditions -
- Article 309 empowers the Parliament and the State Legislatures to regulate the recruitment and the conditions of service of the persons appointed to public services and posts under the centre and the states, respectively.
- Until such laws are made, the President or the Governor can make rules to regulate these matters.
- Recruitment includes appointment, selection, deputation, promotion etc.
- The conditions of service include pay, allowances, holidays, rights etc.
- Under this provision, the Parliament or the state legislature can impose ‘reasonable’ restrictions on the Fundamental Rights of public servants in the interests of integrity, honesty, efficiency, discipline, secrecy etc.
Tenure of Office -
- According to Article 310, members of the defense services, the civil services of the centre and the All-India Services or persons holding military posts or civil posts under the centre, hold office during the pleasure of the President.
- Similarly, members of the civil services of a state or persons holding civil posts under a state, hold office during the pleasure of the Governor of the state.
- However, there is an exception to this rule of dismissal at pleasure.
The President or the Governor may (in order to secure the services of a person having special qualifications) provide for the payment of compensation to him in two cases -
1. if the post is abolished before the expiration of the contractual period; or
2. if he is required to vacate that post for reasons not connected with misconduct on his part.
- However, such a contract can be made only with a new entrant, that is, a person who is not already a member of a defense service, a civil service of the centre, an All-India Service or a civil service of a state.
