ANNEXURE P-8

F.NO.27/8/2007/EO/SM.II
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
OFFICE OF THE ESTABLISHMENT OFFICER.

New Delhi, the 23rd December, 2007

OFFICE MEMORANDUM

Subject: Ban of issue of unilateral guidelines/ instructions

concerning methods of recruitment and service
conditions by Ministries in violation of established
rules and procedures.

The undersigned is directed to convey the directions of the

ACC on the subject mentioned above.

2. The Government of India (Allocation of Business) Rules,

1961 allocates the subject matters of recruitment, promotion

and morale of services and the conditions of service of

Central Government employees (excluding those under the

control of the Ministry of Railways, the Department of Atomic

Energy, the erstwhile Department of Electronics, the

Department of Space and the Department of Defence

Research & Development) to the Department of Personnel &

Training. The Rules and Regulations under the All India

Service Act, 1951 also fall within the purview of the

Department of Personnel and Training. The subject includes

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 the issuance of various service rules and their amendments

and the administration of these rules.

3. The Government of India (Transaction of Business) Rules,

1961 also provides that unless a case is fully covered by a

decision or advise previously given by the Department of

Personnel and Training, that Department shall be consulted

on all matters involving (a) the determination of the methods

of recruitment and conditions of service of general

application to Government servants in civil employment; and

(b) the interpretation of the existing orders of general

application relating to such recruitment or conditions of

service. Prior concurrence of the Ministry of Finance,

Department of Expenditure would also be required for cases

related to conditions of service having financial implications.

4. The ACC has noticed instances in the past where some

ministries have issued guidelines/instructions in respect of

the procedure or eligibility conditions for promotions within

the All India Services without the occurrence of the

Department of Personnel and Training or of the Department

of Expenditure in violation of the provisions of Allocation of

Business Rules and the Transaction of Business Rules

disturbing the established guidelines and the inter-service

relativity in the conditions of service of the All India Services.

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5. The ACC has viewed with concern such instances of

Ministries issuing unilateral guidelines in violation of

established procedures and rules and decided that

henceforth no Ministry/Department shall issue any

guideline/instruction in respect of the methods of

recruitment and the conditions of service of any of the

Central Services (except those exempted under the Allocation

of Business Rules ) or the All India Services without following

the provisions of Government of India (Allocation of Business

Rules). 1861 and the Government of India (Transaction of

Business) Rules, 1961. If any Ministry/Department resorts

to such action, the relevant order issued by it will be treated

as non-est and the Department of Personnel and training

shall be authorized to declare the same as null and void as

and when it comes to its notice.

SD/-
(RAHUL SARIN)
Additional Secretary (S & V)

To,

All Ministries/Departments (Secretaries to the Government of

India)

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 ANNEXURE P-7

MINISTRY OF DEFENCE
NEW DELHI, 31ST JULY, 1989
NOTIFICATION

S.R.O.19-E-In exercise of the powers conferred by section 192 of

the Army Act, 1950, and in partial supersession of the Regulations

for the Ministry Engineer Services, except as respects things done

or omitted be done before such supersession. The Central

Government hereby makes the following regulations regard

the number of posts, appointments and percentage of

the Army Officers, Junior Commissioner Officers and other ranks

of the Corps of Engineers in the Military Engineer Services,

namely: -

1. Short title and commencement.-(1) These regulations may be

called the Military Engineer Services Army Personnel)

Regulations, 1989.

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

the Official Gazette.

2. Composition of Military Engineer Services.-(1) The Military

Engineer Services comprises of Officer, Junior

Commissioned Officers and other Ranks of the Corps of

Engineers and Civilian personnel.

(2) The Engineer-in-Chief of the Army shall be the head of the

Corps of Engineers and Military Engineer Services.

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 3. Number of posts and proportion or percentage of Army

Officers of the Corpos of Engineers in the Military Engineer

Services.-The name of category of the posts, the total

number of posts in the Military Engineer Services and the

proportion or percentage of posts authorized in the Military

Engineer Services and held by Army Officers of the Corps of

Engineers shall be as given in column numbers (2), (3) and

(4), respectively, of the Table given below:-

S No. Number of Total No. of Proportion

/percentage
category of posts in of post
tenable by
post Military Army
Officers of
Engineer the Corps of
Engineers in
Service Military
Engineer
Services
(1) (2) (3) (4)

Engineer Cadre 1 1.(Lt.Gen)

1.(Maj.Gen)
1. Engineer Cadre 1
3. Maj. Gen-
2. Director General 2 for Army
or- works,
works ESP &
3. Personnel
Additional Director
General
4. Chief Engineer 5 5(Maj. Gen)

(Command)

5. Additional Chief 5 5 (Brig)

Engineer

(Command)

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6. Chief Engineers 44 27(Brig)

Zone

/Project/Deputy

Director General at

Army Headquarters

Engineer-in-

Chiefs

Branch/Director of

works (command)

7. Additional (Chief 93 66(Col)

Engineer

Zone/Colonel

(Works)

Command/Director

Army Headquarters

Engineer-in-Chiefs

Branch.

8 Commander Works (Col/Lt.Col) As per 50%

Engineers/(Col. Lt. sanction (presently

Col.) staff Officer issued by 131 posts

Grade Government out of 284)

of India from

time to time.

9. Garrison (Major) -do- 50%

Engineer/Deputy

Commander works

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 Engineers/Staff

Officer Grade-2

10 Assistant Garrison (Capt./L.L. -do- 25%

Engineer/Staff

Officer Grade-3

Surveyor Cadre

11 Chief Surveyor of (Brig) -do- 25%

Works

12 Superintending (Lt. Col) -do- 25%

surveyor of works

13 Surveyor of Works (Major) -do- 25%

14. Assistant Surveyor (Cap.Ltd. -do- 25%

of works

Architect Cadre

15. Chief Architect (Brig) -do- 20%

16. Senior Architect (Lt. Col) -do- 20%

17. Architect (Major) -do- 20%

18. Deputy Architect (Capt./Lt.) -do- 20%

19 Assistant Architect (Lt.) -do- 20%

20 Technical Officer (Lt.) -do- 20%

Barrack and Store

Cadre

21 Principal Barrack (Lt. Col.) -do- 33-1/3%

and Stores Officer

22 Senior Barrack and (Major) -do- 33-1/3%

Stores Officers

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23 Barrack and Stores (Capt./Lt.) -do- 33-1/3%

Officer

Administrative
Cadre
24 Principal (Lt. Col) As per 33-1/3%
Administrative
Officer sanction

issued by

Government

of India from

time to time

25 Senior (Major) -do- 33-1/3%

Administrative
officer
26 Administrative (Capt.) -do- 33-1/3%
Officer Grade-I
27 Administrative (Lt.2Lt) -do- 33-1/3%
Officer Grade-II

4. Subordinate posts.-The percentage of Junior Commissioned

officers and other Ranks of the Corps of Engineers Shall be

33-1/3% of the total authorized subordinate posts in the

Military Engineer Services.

Note: Where the percentage fixed results in a fraction the matter

shall be referred to the Engineer-in-Chief, who shall decide

the same.

5. Power to relax.-Where the Central Government is of the

opinion that it is necessary or expedient so to do, it may, be

order and for reasons to be recorded in writing, relax any of

the provisions of these Regulations with respect to any class

or category of persons.

(No. 16(4)/89/D(Works-II)
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 ARVIND KAUL, JT. SECY. (P & W)

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 Annexure P-3

Of exchange (based on the Calcutta banks selling rates for

demand drafts on London, as advised weekly by the Controller of

Currency).

[5177 (Q.M.G.-2-A]

1012 Staff, establishments, allowances, etc., authorized for

the Staff College, Quetta.

Sanction is accorded to the staff, establishments,

allowances, etc., for the Staff College, Quetta, shewn in the

Appendix to this Instruction.

[15742 (G.S.M.T-1]

1013 Elementary Anatomy and Physiology for those

studying Physical Training.

The above War Office publication has been received by the

Commandant, Army School of Physical Training, Ambala, for

issue to students.

[15506 (G.S.M.T.-1].
0

1014 Engineer Organization.

1. It has been decided, with the approval of the Right Honble

the Secretary of State for India, to organize the Engineer

Services in India under an Engineer-in-Chief, who will be

borne upon the establishment of Army Head quarters, and

will be directly responsible to His Excellency the

Commander-in-Chief. The future Engineer Organization at

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 Army Headquarters, and at the Headquarters of Commands,

is shown in the diagrams appended to this Army Instruction.

2. The Engineer Services in India consist of the Corps of

Sappers and Miners, and the Military Works Services. The

Corps of Sappers and Miners will continue to be

administered as heretofore, but the Technical Adviser, Royal

Engineers (Colonel on the Staff, Royal Engineers), will

become a Staff Officer of the Engineer-in-Chief. The Military

Works Services will be designated the Military Engineer

Services, and will cease to be administered as a directorate

of the Quartermaster Generals Branch. The Engineer-in-

Chief will be the head of the Corps of Royal Engineers in

India, and will retain all the powers and privileges that have

from time to time been granted to the Director of Military

Works, whose appointment is now abolished.

3. The Engineer-in-Chief will not be a Staff Officer, but will be

the technical adviser of His Excellency the Commander-in-

Chief on all military Engineering matters, responsible for:-

(a) Engineer operations and Engineer services during war

and peace.

(b) The preparedness for war of the Engineering services.

(c) The supply of Engineer stores during war and peace.

(d) The execution and maintenance of all military works.

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 (e) The constructional efficiency, accuracy and economy

of all projects and designs submitted by him.

4. The Engineer-in-Chief will advise and take the orders of His

Excellency the Commander-in-Chief, through the prescribed

Staff Officer at Army Headquarters, on the subjects

enumerated below:-

A. Through the Chief of the General Staff.

(i) Engineer works immediately connected with war or

mancauvres.

(ii) Engineer preparations for war.

(iii) Liaison with the Civil Engineering professions and

their utilization in war.

(iv) Study and the development of all Engineering

possibilities, that may assist the Army in war.

(v) Engineering Intelligence.

(vi) Technical instruction in schools and the preparation of

training manuals:-

(vii) Engineer training and the technical inspection of

Engineer and Pioneer units.

(viii) War organization and establishment of Engineer units.

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(ix) Scales and designs of Engineer equipment and

mobilization reserves of Engineer stores.

(x) Siting and design of fortifications, defences and

strategic roads.

B. Through the Adjutant General.

(xi) Peace organization and establishment of Engineer

units.

(xii) Organization, pay, pensions, and conditions of service

of all military personnel, controlled by the Engineer-in-

Chief.

C. Through the Quartermaster-General.

(xiii) Military works policy and finance

(xiv) Engineer services during war, other than those

immediately connected with operations, including the

construction of railways, communications, harbor

works, etc.

(xv) Supply of Engineer stores, other than those supplied

by other services.

D. Through the Military Secretary.

(xvi) Demands on the War Office for completion of the

Indian establishment, posting, reversion to British

establishment, deputation, selection for all

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 appointments, of officers of the Corps of Royal

Engineers in military and civil employ.

5. The Engineer-in-Chief will be assisted by:-

(a) the Colonel on the Staff, Royal Engineers, who will

deal with items (i) to (ix) and (xi) above as well as with

all questions concerning the Corps of Sappers and

Miners and other Engineer units.

In dealing with items (i) to (ix), the Colonel on the Staff,

Royal Engineers, whilst keeping the Engineer-in-Chief

fully informed of all his actions, will refer direct to the

Chief of the General Staff. The Colonel on the Staff,

Royal Engineers, will also be authorized to carry out

technical inspection of Engineer and Pioneer units.

(b) The Deputy Engineer-in-Chief for works, who will deal

with items (x), (xii) and (xiv) above, as well as with all

questions relating to the organization of the Military

Engineer Services.

(c) The Deputy Engineer-in-Chief, Electrical and

Mechanical, who will deal with all questions

concerning Electrical and Mechanical installations and

services, and with the supply of Engineer stores.

(d) A Staff Officer, Royal Engineer, First Grade, who will

deal with items (xii) and (xvi) above, other than

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 questions concerning the Corps of Sappers and

Miners.

(e) Additional Staff Officers as shown in the diagram.

6. The Engineer-in-Chief will correspond direct with Engineer

Officer in formations, on technical matters, and is entitled to

call for estimates and information, to enable him to submit

proposals to Government, or to give advice to the Staff at

Army Headquarters.-In respect of the provision of

accommodation and communications, and the allotment of

funds, the Engineer-in-Chief will communicate the decisions

of the Quartermaster General.

7. The relations between General Officers Commanding-in-

Chief Commands and their Staffs on the one hand, and Chief

Engineers on the other, will be analogous to the relations

between His Excellency the Commander-in-Chief and the

Army Headquarters Staff and the Engineer-in-Chief. The

duties of Chief Engineer will in all respects be similar to the

duties of the Engineer-in-Chief. In the Northern Command,

the Chief Engineer will be assisted by a Staff Officer, Royal

Engineers, First Grade, whose duties will correspond to

those of the Colonel on the Staff, Royal Engineers. In other

Commands these duties will be performed by the Chief

Engineer. Chief Engineers will be provided with the Staffs

shown in the diagram attached to this Army instruction.

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8. For the conduct of the Military Engineer Services, there will

be a Commanding Royal Engineer, 1st class, for each of the

Peshawar, Rawalpindi, Lahore, Baluchistan, Waziristan,

United Provinces, Poona, Central Provinces and Madras

Districts and Commanding Royal Engineers, 2nd class, for

the remaining second class military districts, and Assistant

Commanding Royal Engineers for Military Engineer Service

sub-districts. These officers will not be responsible for the

engineer training of troops. They will be assisted by garrison

engineers as may be found to be necessary.

Assistant Commanding Royal Engineers, Commanding Royal

Engineers and Chief Engineers, will be responsible,

respectively, to Commanding Royal Engineers, Chief

Engineers and the Engineer-in-Chief, for the accuracy and

economy of all designs submitted by them, and for the

technical execution of works and the maintenance of roads

and buildings in their area.

The rank of the Officers who will normally hold the various

appointments in the Military Engineering Services will be as

shown in the following table:-

Nomenclature Rank

Engineer-in-Chief Major-General

Deputy Engineer-in-Chief Colonel or Lieat-Colonel

Chief Engineer of a Colonel Commandant

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 Command

C.R.E. 1st class Military Colonel or Lient-Colonel

District

C.R.E. 2nd class Military Lient-Colonel or Major.

District or A.C.R.E. Brigade

Area, or Military Engineer

Services Sub-District.

Staff Officer, Royal Lient-Colonel or Major.

Engineers, 1st grade.

Staff Officer, Royal Lient-Colonel or Major.

Engineers, 2nd grade (a).

Technical Officers(b) Major, Captala or Lient.

Garrison Engineer Major, Captala or Lient.

(a) Designation and pay of Deputy Assistant Director of

Military works will be retained pending further

instructions-See paragraph 8 of Army Instruction

(India) No.754 of 1923.

(b) Appointments not yet sanctioned.

9. The peace training of every Royal Engineer Officer should be

such as to enable him to be an efficient commander in war,

and to this end it is necessary that all officers should have

experience of service both in the Military Engineer Services

and with Sapper and Miner units. In order to ensure that all

officers shall have served in both branches of the service,

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 every Engineer officer will serve for one year with a Sappers

and Miners unit while a subaltern, and another year while a

captain or a major; or he may be attached to an Engineer

unit in the United Kingdom for two years, provided he

undertakes to serve for at least five years in India after his

attachment. The period of this attachment will count as

Indian service. Every officer of Sappers and Miners will serve

for two years with the Military Engineer Services while a

subaltern, and two years while a captain or a major.

10. Sappers and Miners officers will be paid at Military Engineer

Services rates, while employed in that service, and will be

borne on the Military Engineer Services estimates. Military

Engineer Services officers will be paid at Sappers and Miners

rates, while employed in the Sappers and Miners, and will be

borne on Army estimates.

11. The sanction of the Right Honble the Secretary of State for

India to the scheme of reorganization described in this

Instruction has effect from the 26th September 1923.

[15966 (G.S. S.D.-1]

C

E.BURDON
Secretary to the Government of India.

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 APPENDIX TO ARMY INSTRUCTION (INDIA)

No.997 of 1923

Provisional peace establishment of class II Light Motor wireless

section with 30 cwt. Crossly lorries.

British other ranks

Serjeant 1

Lance-Serjeants 2

Corporal 1

Lance-Corporals 2

Signahnen 11

Total British other ranks 17

Attached, I, A .S.C. (Mechanical Transport)

Personnel.

Naik 1

Drives 8

Total attached I.A.S.C. (M.T) 9

Motor Transport vehicle.

Lorries, 30 cwt. (Crossly) 4

Notes:-

1. This section forms part of a Corps (Wireless) Signal

Company, and is equipped with W.T. sets, filed 120-Watt

C.W.

2. Noamally the section is quartered with the headquarters of a

Corps (Wireless) Signal Company. If it is not so quartered 2

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 cooks, 2 water carriers and 2 sweepers will be added to the

above establishment, and I cook, 1 water carrier and 1

sweeper will be deducted from the establishment of the

Corps (Wireless) Signal Company, to which the section is

allotted in peace.

Distribution of rank and file by traders.

BRITISH

Group A.-

Electricians, wireless 2

Fitters, signals 2

Group B.-

Operators, wireless 12

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 APPENDIX TO ARMY INSTRUCTION (INDIA) NO.1014

OF 1923

DIAGRAM-1

ENGINEER ORGANIZATION AT ARMY HEADQUARTERS.

HIS EXCELLENCY THE COMMANDER-IN-CHIEF

C.G.S. A.G. Q.M.G. Military Secretary.

Preparations for War and Defences.

Personnel and Peace Organization

Works Policy and Finance

Technical Advice

Office

War Organization.

Training Intelligence.

ENGINEER-IN-CHIEF

Col.on the Staff, R.E. By Engineer-in-Chief By. Engineer-in-Chief

Staff Officer, R.E. Staff Officer, R.E Technical Officer

(E&M. Stores) (Works)

(Grade-III) (Grade-I) (Staff Officer, R.E.,)

Grade-III.

Staff Officer, R.E., (Grade-I Consulting Architect.

Roads, Defences,

Accommodation and Works.

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Technical officer Officer Supervisor

(Staff Officer, R.E., Grade-III Budget and Organization

Chargeable to Staff vete.

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 DIAGRAM-2

ENGINEER ORGANIZATION AT COMMAND HEADQUARTERS

(EXCEPT NORTHERN COMMAND).

G.O.C.IN-CHIEF

A.Staff. Q. Staff

War Organization Training and Defences.

Personnel and Peace Organization

Technical Advice

Works Policy and Finance

ENGINEER-IN-CHIEF

Staff Officer, R.E. Staff Officer, R.E. Technical Officer

(Grade-II). (Grade-II) (Staff Officer, R.E., Grade-II

Military Engineering) (Electrical and (Stores and barrack Dept.

Mechanical

Services)

Deputy Chief Engineer (Works)

Staff Officer, R.E. (Grade-I)

(In Western Command only

2nd Grade Required.)

Attached Officers as may be required.

In abevance. +paid as an A.C.R.E.

(Grade-III) (Grade-I) (Staff Officer, R.E.,)

Grade-III.
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 Staff Officer, R.E., (Grade-I Consulting Architect.

Roads, Defences,

Accommodation and Works.

Technical officer Officer Supervisor

(Staff Officer, R.E., Grade-III Budget and Organization

Chargeable to Staff vete.

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 ANNEXURE P-10

THE GAZETTE OF INDIA

PUBLISHED BY AUTHORITY

WEEKLY

NO.14] NEW DELHI, JULY4-JULY 10, 2004,

SATURDAY/ASADHA 13-ASADHA 19, 1926

Separate Paging is given to this Part in order that it may be

filed as a separate compilation

Part-II-Section 4

Statutory Rules and Orders issued by the Ministry of Defence

MINISTRY OF DEFENCE

New Delhi, the 29th June, 2004

S.R.O.95.- In exercise of the powers conferred by the proviso

to article 309 of the Constitution of India and in supersession of

Indian Defence Service of Engineers (recruitment and Conditions of

Service) Rules, 1991; except as respects things done or omitted to

be done before such supersession, the President hereby makes the

following rules, regulating the method of recruitment and the

conditions of service of persons appointed to the INDIAN DEFENCE

SERVICE OF ENGINEERS in Ministry of Defence, namely:-

1. Short title and commencement.-(1) These rules may be called

the Indian Defence Service of Engineers (Recruitment and

conditions of Service) Rules, 2004.

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 (2) They shall come into force from the date of publication

in the Official Gazette.

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

requires.

(a) Commission means the Union Public Service

Commission;

(b) Controlling Authority means the Government of India

in the Ministry of Defence.

(c) Departmental Candidate means a person who has

been appointed on regular basis after consultation

with the Commission or on the recommendations of

Departmental Promotion Committee;

(d) Departmental Promotion Committee means a

Committee specified against each post in Schedule IV

to consider promotion or confirmation in the said post.

(e) Duty Post means any post specified in Column 2 of

Schedule 1;

(f) Examination means a Combined Competitive

Examination conducted by the Commission for

recruitment to various Engineering Services or posts

as may be notified by the Government from time to

time;

(g) Government means the Government of India;

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(h) Grade means a grade of service specified in Column

2 of Schedule I annexed to these rules;

(i) regular service in relation to any grade means the

period of service in the grade rendered after selection

according to procedure laid down by the Government

for long-term appointment to that grade and includes

any period or periods:-

(i) Taken into account for purpose of seniority in

the case of those appointed at the initial

constitution of the service;

(ii) During which an officer would have held a duty

post in the grade but for being on leave or

otherwise not being available for holding such

post;

(j) Schedule means a Schedule annexed to these rules;

(k) Scheduled Castes and Scheduled Tribes shall have

the meanings respectively assigned to them under

clause (24) and clause (25) of article 366 of the

Constitution;

(1) Service means the INDIAN DEFENCE SERVICE OF

ENGINEERS constituted under rule 3.

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3. Constitution of Indian Defence Service of Engineers.-

The service known as the Indian Defence Service of

Engineers shall consist of posts specified in Schedule

1.

4. Grades, Authorized Strength and its Review.-(1) The

duty posts included in various grades of the service,

their names, numbers and scales of pay shall be as

specified in Schedule I annexed to these rules.

(2) The Government may make temporary additions to or

reductions from the strength of the duty posts in

various grades as it may deem necessary from time to

time.

(3) The Government in consultation with the commission,

include in or exclude from the service such posts as

may be deemed to be equivalent to the posts included

in the service, in status, grade, scale of pay and

professional content, other than those included in

Schedule I.

(4) The Government may, in consultation with the

Commission appoint an officer whose post in included

in the service under sub-rule 93) to the appropriate

grade of the service in a temporary capacity or in a

substantive capacity, as it may deem fit and fix his

seniority in the grade in accordance with the general

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 orders and instructions issued by the Government

from time to time in this regard.

5. Members of the service. The following persons shall

be members of the service, namely:-

(a) Persons deemed to have been appointed to service

under rule6; and

(b) Persons appointed to the service under rule 7.

(6) Initial constitution.-All the civilian officers in the

Indian Defence Service of Engineers Rules, 1991

holding Group A post on regular, shall be deemed to

have been appointed to the corresponding posts and

grades in the service in the substantive or officiating

capacity, as the case may be, from the date of their

initial appointment to the grades/posts on regular

basis, in the Indian Defence Service of Engineer Rules,

2004.

7. Future maintenance of the service.-After

commencement of these rules, the vacancies, shall be

filled in the manner as provided in Schedule II, III and

IV annexed to these rules.

8. Seniority.-(1) The relative seniority, of members of the

service deemed to have been appointed to any grade

under rule 6, shall be governed by their relative

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 seniority obtaining on the date of commencement of

these rules:

Provided that if the seniority of a member has not been

specifically determined on the said date, the same shall be

determined by the Government in accordance with the rules

applicable to members of similar service under the

Government.

(2) Officers who join the service in any grade after the

commencement of these rules, shall rank below those

deemed to have been appointed to the service in that grade

under rule 6. The seniority of persons recruited to the

service after the initial constitution shall be determined in

accordance with the general instructions issued by the

Government from time to time in this regard.

(3) Seniority of officers not covered by the above

provisions, shall be determined by the Government in

consultation with the commission.

9. Probation.-(1) Every officer on appointment to the

service either by direct recruitment to the Junior Time Scale

through the examination or by promotion from Group B

posts of Assistant Engineer shall be on a probation for period

of two years:

Provided that the Controlling Authority may extend the

period of probation in accordance with the instructions or

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orders issued by the Government from time to time in this

regard:

Provided further that any decision for extension of the period

of probation shall be taken on ordinarily within eight weeks

after the expiry of the previous period of probation and the

decision in writing shall be communicated to the concerned

officer together with the reasons for so doing within the said

period.

(2) On completion of the period of probation, officers shall,

if considered fit for regular appointment, retained in their

appointment on regular basis and be confirmed in due

course.

(3) If, during the period of probation referred to in sub-

rule (1) or any extension thereof, as the case may be, the

Government is of the opinion that an officer is not fit for

retention or if, at any time during such period of probation,

or extension thereof, the Government is satisfied that the

officer will not be fit for permanent appointment the

expiration of such period of probation, or extension thereof,

the Government may for reasons to be recorded in writing,

discharge him from the service or revert him to the post

which he has been holding before his promotion, as the case

may be, or pass such orders as it may deem fit.

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(4) During the period of probation, the officer may be

required by the Government to undergo such courses of

training and instructions and to pass such examination and

tests (including an Examination in Hindi) as it may deem fit

for the purpose of satisfactory completion of period of

probation.

(5) As regards other matters relating the period of

probation, the members of the service shall be governed by

the instructions or orders issued by the Government from

time to time in this regard.

10. Liability for service.-(1) The offices appointed to the

service shall be liable to serve anywhere in India or outside.

(2) Any person appointed to the service, if so required, be

liable to serve in connection with the Defence of India, for a

period of not less than four years, including the period spent

on training, if any, provided that such person.

(a) shall not be required to serve as aforesaid after the

expiry of ten years from the date of his appointment; or

(b) shall not ordinarily be required to serve as aforesaid

after attaining the age of forty years.

(3) A member of the service shall also be liable to undergo

professional courses as and when he is deputed for that.

//TRUE TYPE//
(4) The conditions of the service of the members of the

service in respect of matters for which no provision is made

in these rules, shall be the same as are applicable to the

officers of the Central Civil Services from time to time.

11. 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 any of the posts specified in Schedule I:

Provided that the 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 that

there are other grounds for so doing, exempt any person

from the operation of this rule.

12. Rules not apply to Army Officers.-These rules shall

not apply to the Army Officers appointed on tenure basis in

accordance with provisions of the Military Engineer Services

(Army Personnel) Regulations, 1989, as they shall be

governed by the Army Act, 1950 (46 to 1950) and the rules

framed thereunder.

13. Application.-(1) These rules shall apply to the posts as

specified in column 2 of the Schedule I annexed to these

rules.

//TRUE TYPE//
(2) The posts specified in Schedule I are to be manned by

Civilian Officers of Indian Defence Service of Engineers and

at no time can be held by another person unless Government

so decides by specific orders in writing.

14. Power to relax.-Where the 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, and in

consultation with the Commission, relax any of the

provisions of these rules with respect to any class or

category of persons.

15. Saving-(1) Nothing in these rules shall affect

reservations, relaxation of age limits and other concessions

required to be provided for the persons belonging to the

Scheduled Castes, the Scheduled Tribes, the Other

backward Class, Ex-Servicemen and other special categories

of persons in accordance with orders issued by the

Government from time to time in this regard.

(2) All appointments, promotions or confirmations, made

in consultation with the Commission, under Establishment

orders issued from time to time before notification of these

rules shall be deemed to have been made under these rules.

16. Interpretation.-If any question arises relating to the

interpretation of these rules, it shall be decided by the

Central Government.

//TRUE TYPE//
 SCHEDULE-1

(See Rules 2e,h(3) and 4(I) and (3)

Sl Name of the duty post number of Scale of pay

No
and grades posts as on

1st Jan,

2004

1 2 3 4

1 Additional Director 3 Rs.22,400-525-24,500

General

2 Chief Engineer 27 Rs.18,400-500-22,400

3 Additional Chief 32 Rs.16,400-450-20-000

Engineer

4 Superintending 205 Rs.14,300-400-18,300

Engineer

5 Executive ** Rs.12,000-375-16,500

Engineer(NFSG)

6 Executive Engineer 530 Rs.10,000-325-15,200

7 Assistant Executive 200 Rs.8,000-275-13,500

Engineer

8 Assistant Executive 50# Rs.8,000-275-13,500

Engineer

//TRUE TYPE//
 *Subject to variation dependent on work load and cadre

reviews.

**30% of the Senior Duty Posts (Executive Engineer and

above), subject to the conditions, that:-

(i) There is no increase in overall strength of the cadre.

(ii) The number of posts to be operated in non-functional

grade (Rs.12,00-16,500) does not exceed the total

number of posts available in the pay scale of

Rs.10,000-15,200.

# reserve. As per cadre reviews.

Note 1.- Senior most Additional Director General (HAG Level)

has been designated as Director General (personnel) to look after

all personnel matters relating to MES Civilian Officer/Sub-

ordinates.

SCHEDUL-II
(See rule 7)

Minimum educational qualification and age limits for direct

recruits to the post of Assistant Executive Engineer Group A to be

filled on the results of the Examination to be conducted by the

union Public Service Commission.

A candidate must have:

(i) a degree in Civil, Mechanical or Electrical

Engineering from a University incorporated by an Act

of the Central or State Legislature in India or other

//TRUE TYPE//
 educational institutions established by an Act of

parliament or declared to be deemed as a University

under Section 3 of University Grants Commission Act,

1956 (3 of 1956) or a degree or diploma in Engineering

from such foreign Universities, Colleges or Institutions

and under such conditions as may be recognized by

the Government from time to time or possessing

qualifications which have been recognized by the

Government as equivalent to above qualifications; and

(ii) attained the age of twenty one years but must not have

attained the age of thirty years on the first day of

August of the year in which the examination is held.

SCHEDULE III
(See Rule 7)s

Method of recruitment, field of promotion, minimum

qualifying service and educational qualification in the next lower

grade or feeder grade for promotion to duty posts in the various

grades of the Indian Defence Service of Engineer (Group A)

Sl Name of the Method of Whether Field of selection,

No duty post recruitment selection minimum qualifying
and grade or non- service and Educational
selection qualification for
post promotion
(1) (2) (3) (4) (5)

1. Additional By Selection (a) Chief Engineer with

Director
General Promotion three years regular service

in the scale of Rs.18,400-

22,400, failing which

Chief Engineer with five

//TRUE TYPE//
 years combined regular

service in the grades of

Chief Engineer and

Additional Chief Engineer,

out of which at least one

year should be in the

grade of Chief Engineer,

and

(b) possessing

qualification as specified

in Schedule-II

2 Chief By Selection Additional Chief Engineer

Engineer
Promotion with two years regular

service in the grade failing

which Additional Chief

Engineer with three years

combined regular service

in the grades of Additional

Chief Engineer and

Superintending Engineer

out of which at least one

year should be as

Additional Chief Engineer,

and

(b) possessing

qualification as specified

//TRUE TYPE//
 in Schedule II.

3. Additional By Selection (a) Superintending

Chief
Engineer Promotion Engineer with two years

regular service in the

grade; and

(b) possessing

qualification as specified

in Schedule II.

4 Superintend By Selection (a) Executive Engineer

ing Engineer
Promotion (rs.10000-152000) with

nine years regular service

in the grades of Executive

Engineer including

regular service, if any,

rendered in the non-

functional second grade

for the post of Executive

Engineer, (Rs.12000-

16500); and

(b) possessing

qualification as specified

in Schedule II.

Note: Officers who have

already been appointed to

the post of

Superintending Engineer

//TRUE TYPE//
 in the then existing

functional pay scale of

Rs.12000-16500 will

continue to remain as

Superintending Engineer

and will be placed in the

upgraded pay scale

Rs.14300-18300 on their

completion of nine years

qualifying service as

above.

5. Executive By Non- Executive Engineer with

Engineer
(NFSG) Promotion Selection five years regular service

in the grade. The

appointment shall be on

placement basis and the

criteria shall be seniority,

subject to rejection of the

unsuitable.

6. Executive By (i)66 3/5% Assistant Executive

Engineer
promotion of the Engineer with four years

posts to be regular service in the

filled on grade with degree in Civil,

non- Mechanical or Electrical

selection Engineering or equivalent

basis from from a recognized

//TRUE TYPE//
 the grade University/ Institution.

of

Assistant (a) Assistant Engineer

Executive with eight years regular

Engineer service in the grade and

(ii) 33% possessing degree in Civil,

of the Mechanical or Electrical

posts to be Engineering or equivalent

filled on from a recognized

selection University/ Institution.

basis from (b)Assistant Engineer with

the grade ten years regular service

of in the grade and

Assistant possessing Diploma in

Engineer Civil, Mechanical or

Electrical Engineering or

equivalent from a

recognized

University/Institution.

7 Assistant By direct The posts shall be filled

Executive
Engineer recruitment by direct recruitment

Engineering through combined

Services Engineering Services

Examination Examination conducted

conducted by by Union Public Service

//TRUE TYPE//
 Union Public Commission.

Service

Commission

Note: Where juniors who have completed their qualifying /eligibility

service are being considered for promotion, their seniors would

also be considered provided they are not short of the requisite

qualifying /eligibility service by more than half of such qualifying

/eligibility service or two years, whichever is less and have

successfully completed their probations period for promotion to the

next higher grade along with their juniors who have already

completed such qualifying eligibility service.

SCHEDULE IV

(See Rule 2 (d) and 7)

Composition of Group A Department promotion committee for

considering cases of promotion and confirmation to Group A posts

in the Indian Defence service of Engineers.

Sl Name of the Composition of Group A Department Promotion

No post Committee

For considering For considering

promotion confirmation
1 2 3 4

1 Additional (i)Chairman/Member of Chairman Not

Director Union Public Service applicable
General Commission.

(ii) Secretary, Ministry of -Member

Defence

//TRUE TYPE//
 (iii) Engineer-in-Chief, -Member
Engineer-in-Chiefs
Branch

2 Chief (i)Chairman/Member of Chairman Not

Engineer Union Public Service applicable
Commission.

(ii) Secretary/Additional -Member

Secretary, Ministry of
Defence

(iii) Director General -Member

(Pers). Engineer-in-
Chiefs Branch

3 Additional (i)Chairman/Member of Chairman Not

Chief Union Public Service applicable
Engineer Commission.

(ii)Additional/ Secretary, -Member

Joint Secretary Ministry
of Defence

(iii) Director General -Member

(Pers). Engineer-in-
Chiefs Branch

4. Superintendi (i)Chairman/Member of Chairman Not

ng Engineer Union Public Service applicable
Commission.

(ii) ) Director General -Member

(Pers). /Deputy Director
General (pers), Engineer -
//TRUE TYPE//
 in-Chiefs Branch

(iii) Joint Secretary, -Member

Ministry of Defence

5 Executive (i) Joint Secretary, Chairman Not

Engineer Ministry of Defence applicable
(Non-
Functional) (ii) Deputy Director Member
General (pers), Engineer-
in-Chiefs Branch

(iii) Deputy Secretary Member

Ministry of Defence
6. Executive For promotion from (a) Not
Engineer assistant Executive applicable
(Functional) Engineer. respect of
promotion
(i) Joint Secretary, Chairman from
Ministry of Defence Assistant
Executive
(ii) Deputy Director Member Engineer
General (Pers), Engineer-
in-Chiefs Branch (b) for
considering
(iii) Deputy Secretary, confirmation
Ministry of Defence Member of promote
recruited
For promotion from from
Assistant Engineer Assistant
Engineer (i)
(i) Chairman/ Member of Chairman Joint
Union Public Service Secretary,
Commission Ministry of
Defence
//TRUE TYPE//
 (ii) Joint Secretary, Member
Ministry of Defence Chairman
(ii) Deputy
(iii) Deputy Director Member Director
General (Pers). General
Engineer-in Chiefs (pers),
Branch Engineer
in Chiefs
Branch
Member

7. Assistant Not applicable For

Executive considering
Engineer confirmation
:
(a) Joint
Secretary,
Ministry of
Defence

Chairman

(b) Depu
ty Director
General
(Pers.),
Engineer-
in-Chiefs
Branch
Member
(c) Depu
ty
Secretary,
Ministry of
Defence
//TRUE TYPE//
 Member

No.85604/RR/IDSE/CSCC/438/D(Apptts.(]
Anula Kumar, Director (CP)

Note: The principal rules were published in the Gazette of India,

Ministry of Defence Notification No.S.R.O.4(E) dated 9 July,

1991 and as amended vide S.R.O. 92 dated 21 May, 1996

and S.R.O. 60 dated 2 May, 1998

New Delhi, the 22nd July, 2004

S.R.O.96.-In exercise of the powers conferred by Section 3 of the

Works of Defence Act, 1903 (7 of 1903), the Central

Government hereby declares that it is necessary to impose

restrictions specified in clause 9c) of Section 7 of the said Act

upon the use and enjoyment of the land described in the

Schedule below, being land lying in the vicinity of the 2 Field

Ordnance Depot (FOD), at Village Indra nagar (Sonwar

Bagh), Tehsil Srinagar, District Srinagar, in State of Jammu

and Kashmir, in order that the said land may be kept free

from buildings and other obstructions.

2. A sketch plan of the said land may be inspected in the

Officer of Deputy Commissioner, District Srinagar, in the

State of Jammu and Kashmir.

SCHEDULE

All the land comprised in the area lying within the distance

of 500 yards from the crest of the outer parapet of the Works
//TRUE TYPE//
of Defence, namely, 2 Field Ordnance Depot, at Village Indra

Nagar (Sonwar Bagh), Tehsil Srinagar, District Srinagar, in

the State of Jammu and Kashmir.

(Ministry of Defence No.A/51491/LW(North/539 Y)

LALIT CHAUHAN, Under Secy.

//True Copy//

//TRUE TYPE//
 ANNEXURE P-12

Service upto their normal age of retirement and a large cadre of

officers and men on short term engagement with provision for their

lateral induction within the Defence Forces and outside in the Civil

Sector including police and paramilitary organizations. The

concept not only promises to keep the combat Arms of our

services young but also provides of framework for manpower

optimization by bringing in the concept of a large cadre on shorter

term of engagement. However, the operationalization of the

concept would largely depend upon the scope for re mustering

within the services and the feasibility of finding required number of

jobs outside the Defence Forces. We have as an interim measure

elsewhere suggested increase in the percentage of reservation in

Government jobs in CPOs for ex-servicemen and have also

suggested a Joint Recruitment Board.

33.14. While the concept of lateral induction holds good for

officers and men of the three services, it holds special

significance for the Combat and Combat support Arms

among the Army PBOR for whom we have received a specific

proposal for Army headquarters on reduction of terms of

engagement. The proposal envisages distributing the

manpower into combat, combat-support and supporting

services groups and lateral shift within and outside the

//TRUE TYPE//
 Defence Forces after prescribed periods of service and

keeping in mind the age profile requirement in the groups.

We have considered the proposal in detail and as a first step

towards the operationalization of the concept we recommend

that one third of the annual intake into the Combat and

Combat Support Arms of the Army PBOR should be engaged

on a shorter term of engagement of 7 years with the

provision of their re-mustering into the other supporting

Arms and services within the Army. Here, while the scheme

would keep the combat components young, it will save the

effort required to find suitable jobs outside the Defence

Forces to absorb these short term engaged personnel.

33.15 We find that the Armed Forces have deployed their

manpower in several areas not related to their core

functions. If the Armed Force withdraw from such area the

manpower released can be utilized to meet the reported

shortages of officers and men in the three services. Our

specific suggestions in this regard are as under.

Rashtriya Rifles have been raised by drawing on the

regular Cadre of the Army to perform internal security

duties. The Armed Forces have represented that their

deployment on internal security duties should be

minimized. We also feel that the Army should

legitimately be kept away from internal security

chores. We, therefore, suggest that Rashtriya Rifles

//TRUE TYPE//
should be disbanded and the engaged manpower

should revert to the regular cadre of the Army.

Similarly, the Army should be completely withdrawn

from the Assam Rifles.

The Armed Forces need not divert their manpower to

organizations like the Survey of India, Directorate

General of Quality Assurance, Defence Research and

Development Organization. Military Engineering

Service, Border Roads Organization, etc. There should

be a gradual civilianization of all these organizations

and the officers can be used for core functions.

The Air Force is wasting its manpower on accounts

jobs such jobs can be fully handled by civilians. The

Air Force manpower should be withdrawn from such

functions.

The service Headquarters are holding officers in excess

of sanctioned strength, by drawing personnel from the

field. These can be easily spared for field duties and

their place taken by Civilians. We commend that

minimum required manpower be kept at the service

HQ., and the surplus manpower released immediately

for filed duties.

//TRUE TYPE//
 There are a number of jobs in the Canteen Stores

Department, Army Service Corps, Resettlement Wing,

etc which can be held by civilians. We suggest that

these organizations should be progressively

civilianized.

33.16 Since employment of Civilians is a less costly proposition

that that of Combatants, there is a clear case for exploring

the possibility of civilianization of posts in static, rear and

administrative support organizations and workshops in the

three services. We fell that the Ministry of Defence should set

up a committee to review the existing civilian-combatant

ratios in different wings of the Armed Forces and Inter-

Service Organizations and identify posts for civilianization.

Here, we recommend that, as governing principle, wherever

the existing civilian-combatant ratio is 20:80 it should be

raised to 50:50, where it is 70:30 to 80:20 and where the

civilian component is 100%, the status quo should be

maintained.

33.17 For the full operationalization of the concept of Reduced

Colour Service with Lateral Induction within Defence Forces

and Outside It and to address other issues relating to

manpower management in the Defence Forces. We

recommend that the Government should constitute a

National Commission on Manpower Utilization in the

Defence Forces. The proposed Commission, to have a

//TRUE TYPE//
 holistic approach to the issue, should comprise

representatives of the Armed Forces, the Ministry of Defence.

Ministry of Home Affairs. Ministry of Finance and the

Ministry of Human Resources Development and should

deliberate on the proposed force mix requirement in view of

the threat scenario and the reduction to be carried out

through civilianization of jobs, privatization and contracting

out of services as also integration of services and infra-

structure across the three services.

33.18 However, as an incentive to achieve manpower reduction, we

would recommend for the Governments consideration a

proposal with an in-built incentive for reduction of numbers

in the three services i.e. all savings achieved in the allocated

resources due to cut-back on manpower could revert to the

services. To illustrate, suppose the overall budgetary

allocation for the Armed Forces is Rs.30,000 crores. We

could give the Armed Forces a ten-year perspective plan with

an annual increase of (say) 5%. This would be a guaranteed

amount. Whatever reduction in manpower related

expenditure is brought about by the Services could be

allowed to them to be spent on acquisition of better

equipment.

33.19 We have considered the issue of integration of Service

Headquarters with the Ministry of Defence in the light

of our governmental functioning and the suggestions

of the IDSA and the Armed Forces. We have also taken

//TRUE TYPE//
into account the views of the Ministry of Defence on

the issue. The Ministry of Defence maintain that the

existing system allows continuous interaction between

the Ministry and Service Headquarters and the

professional and technical expertise available in the

Service Headquarters is made use of for examining

defence-related matters. They have further added that

any integration beyond this point will have two main

disadvantages (i) the system of independent analysis

will be lost, and (ii) the military discipline would deter

the service officers manning Ministry Posts to modify

any proposal forwarded by the.

Immediate implementation of second cadre review

proposals and initiation of measures to climate delays

in future.

Apart from poor cadre management, preparation of

panels by holding DPCs and other disciplinary

proceedings are inordinately delayed.

The post of Additional Chief Engineer exists only in the

Indian Defence Service of Engineers. As there is no

basic pay scale for the post, this has been placed in

the selection grade of the Junior Administrative Grade

and a sum of Rs.400 p.m. is admissible in addition.

Since this post has been abolished by all other

departments after implementation of the 4th Pay

//TRUE TYPE//
 Commissions report, the post of Additional Chief

Engineer be upgraded to the Senior Administrative

Grade without any change in the functional

requirement or duties laid down in the regulation.

50.102 We have carefully perused the views of Engineer-in-

Chief Branch on the memorandum of the IDSE Association

and have examined the present organizational structure in

MEs.

We find that there is tremendous resentment among civilian

officers of MES due to disparities in equivalence between

Army and Civilian Officers. Further, the senior-most civilian

officer who is Additional Director General in the pay scale of

Rs.7300-7600 is reporting to the Director General who is a

military officer of the rank of Major General in the pay scale

of Rs.5900-6700. This is obviously an anomaly. In the

interests of the organization and fair play, we recommend

that the head of this organization should be a civilian.

50.103 It is accordingly recommended that the existing

arrangement of a civilian ADG reporting to a military

Director/Major General be replaced with a civilian Director

General in the pay scale of Rs.7300-7600 and a military joint

Director General in the pay scale of Rs.5900-7600.

50.104 The proportion of appointments between civilian and

military officers as recommended by the Military Engineer

//TRUE TYPE//
 Services Review Committee 1955, Estimates Committee of

Lab, Sabha 158-59 and Military Engineer Services

Organization Committee 1959 is as under:-

i) Engineers above the grade -50% military and 50%

of Superintending civilian excluding certain

Engineer sensitive appointments

(20 Chief Engineer) which

are not apportioned to

civilian officers)

ii) Engineers upto the Grade -50% Military and 50%

of Superintending civilian

Engineers

iii) Architects -Minimum 80% Civilain

iv) Surveyor of Works -Minimum 75% Civilaian

v) Barrack and Stores -33 1/3% Military

662/3% Civilian

vi) Administrative Cadre -33 1/3% Military and 66

2/3% Civilian

50.105 The latest review was done by the Estimates

Committee of the Seventh Lok Sabha. The Committee

made following observations:-

Military Engineers Services is at present a composite

organization with a judicious blend of Civilian and

Military personnel at various levels. The Committee

//TRUE TYPE//
 have gone into the suggestion made to it for complete

civilianization and complete militarization of this

service. After considering the pros and cons of the

matter, the Committee feels that the present composite

character of the service is best suited for an

organization like Military Engineer Services.

This recommendation was accepted by the Govt. of

India.

50.106 The trend world over is progressive civilianization of

military engineering organizations. It is desirable that we

also follow this pattern. We, therefore, recommend that

complete civilianization of military engineering organization

be set as a long-term objective.

50.107 The basic role of the MES is to provide service support

to the defence forces. A works Board which is usually

invested with more autonomy and powers than an

organization in Government may not be compatible with the

nature of role expected of MES. A functionally autonomous

Board with an army-civilian mix may not dovetail with the

disciplined command structure of the defence forces. In our

view, therefore, the demand for constitution of a Defence

Works Board under the Ministry of Defence is not justified.

50.108 there is adequate representation of IDSE constituent of

MES in-E-C Branch. So long as MES continues to be a

//TRUE TYPE//
 composite organization, it may not be feasible to create

independent Command structure for IDSE officers. However,

we recommend that the post of Director Personnel should be

earmarked for an IDSE officer.

50.109 The demands for a separate deputation and training

cell and Construction Adviser (Secretary level) to be manned

by an IDSE officer are not feasible tobe accepted within the

existing organizational framework.

50.110 The stores management functions in big organization

like Railways are shared by Engineering and Ministerial staff

at lower levels. The Ministry of Defence has clarified that

MES engineers are already involved in the procurement and

inspection of stores and that no further involvement of

engineers is necessary. This clarification is considered

adequate.

50.111 the Ministry of Defence has clarified that the second

cadre review suggesting creation of large number of posts at

HAG, SAG and JAG levels is in the final stage for approval of

the Cabinet and would improve the career prospects of

civilian MES officers. Further, we have proposed to make

mandatory, periodic cadre reviews justiciable this would

ensure elimination of delays in future.

50.112 Delays in preparation of panels and disciplinary

proceedings is a serious matter. Our general

//TRUE TYPE//
recommendations in this regard have been made in relevant

chapters. The dissatisfaction of civilian MES officers on this

account and deputation to ex-cadre posts etc., may,

however, be examined by the Ministry of Defence for suitable

remedial measures.

//TRUE COPY//

//TRUE TYPE//
 ANNEXURE P-9

MINISTRY OF DEFENCE
NEW DELHI, 9th JULY, 1991

S.R.O.4-E-In exercise of the powers conferred by the proviso

to article 309 of the Constitution, the President hereby makes the

following rules regulating the method of recruitment, and the

canditions of service of persons appointed to the INDIAN DEFENCE

SERVICE OF ENGINEERS in the Ministry of Defence subject to the

regulations notified in S.R./O. 19-E dated the 31st July, 1989

under section 192 of the Army Act, 1950 (46 of 1950), relating to

the number of posts, appointments and percentages of Army

Officers of the CORPS OF ENGINEERS IN THE MILITARY

ENGINEER SERVICES DEPARTMENT, namely:-

1. Short title and commencement.- These rules may be called

the Indian Defence Service of Engineering (Recruitment and

conditions of Service) Rules, 1991.

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

the Official Gazette.

2. Definition:- In these rules, unless the context otherwise

requires.

(a) Commission means the Union Public Service commission;

(b) Controlling Authority means the Government of India in

the Ministry of Defence;

//TRUE TYPE//
(c) Departmental candidate means a person who has been

appointed on regular basis after consultation with the

Commission or on the recommendations of a Departmental

Promotion Committee;

(d) Departmental Promotion Committee means a Committee

specified against each post in Schedule IV to consider

promotion or confirmation in the said post;

(e) Duty posts means any post specified in Column 4 of

Schedule 1;

(f) Examination means a Combined Competitive Examination

conducted by the Commission for recruitment to various

Engineering services or posts as may be notified by the

Government from time to time;

(g) Government means the Government of India.

(h) Grade means a grade of the Service specified in Column 1

of Schedule 1;

(i) Military Engineer Services (Army Personnel) Regulations,

1989 means regulations made by the Central Government

in exercise of the powers conferred by section 192 of the

Army Act, 1950 (46 to 1950) regarding the number of posts,

appointments and percentage of the Army Officers, Junior

commissioned Officers and other ranks of the Corps of

Engineers in the Military Engineer Services;

//TRUE TYPE//
(j) regular service in relation to any grade means the period of

service in the grade rendered after selection according to

procedure laid down by the Government for long term

appointment to that grade and includes any period or

periods.

(i) taken into account for purpose of seniority in the case of

these appointed at the initial constitution of the service;

(ii) during which an officer would have held a duty post in the

grade but for being on leave or otherwise not being available

for holding such post.

(k) Schedule means a Schedule annexed to these rules;

(l) Scheduled Castes and Scheduled Tribes shall have the

meanings respectively assigned to them under clause (24)

and clause (25) of article 366 of the Constitution;

(m) Service means the INDIAN DEFENCE SERVICE OF

ENGINEERS constituted under rule 3.

3. Constitution of INDIAN DEFENCE SERVICE OF

ENGINEERS:- There shall be constituted a service to be

known as the Indian Defence Service of Engineer consisting

of posts specified in Schedule I.

4. GRADE, AUTHORIZED STRENGTH AND ITS REVIEW:- (1)

The duty posts included in various grades of the service,

//TRUE TYPE//
 their names, numbers and scales of pay shall be as specified

in Schedule I.

(2) The Government may make temporary additions to or

reductions from the strength of the duty posts in various

grades as it may deem necessary from time to time.

(3) The Government may, in consultation with the Commission,

include in or exclude from the service such posts as may be

deemed to be equivalent to the posts included in the service,

in status, grade, scale of pay and professional content, other

than those included in Schedule I.

(4) The Government may, in consultation with the Commission,

appoint an officer whose post is included in the service

under sub-rule (3) to the appropriate grade of the service in a

temporary capacity or in a substantive capacity, as it may

deem fit and fix his seniority in that grade in accordance

with the general orders or instructions issued by the

Government from time to time in this regard.

5. MEMBERS OF THE SERVICES:- the following persons shall

be members of the service, namely:-

(a) Persons deemed to have been appointed to the service

under rule 6; and

(b) Persons appointed to the service under rule 7.

6. INITIAL CONSTITUTION:- All the existing officers in the

Military Engineer Services (Engineer cadre) holding Group A

//TRUE TYPE//
 posts on regular basis on the date of commencement of these

rules shall be deemed to have been appointed to the

corresponding posts and grades in the service in the

substantive or officiating capacity, as the case may be, at the

initial constitution stage.

7. FURTHER MAINTENANCE OF THE SERVICE:- After the

commencement of these rules, the vacancies, excluding the

vacancies reserved for ARMY OFFICERS under the Military

Engineer Services (Army Personnel) Regulations, 1989, shall

be filled in the manner as provided in Schedules II, III and

IV.

8. SENIORITY:- (1) The relative seniority of members of the

service deemed to have been appointed to any grade under

rule 6 shall be governed by their relative seniority obtaining

on the date of commencement of these rules;

Provided that if the seniority of a member has not been

specifically determined on the said date, the same shall be

determined by the Government in accordance with the rules

applicable to members of similar service under that

Government.

(2) Officers who join the service in any grade after the

commencement of these rules, shall rank below those

deemed to have been appointed to the service in that grade

under rule 6. The seniority of persons recruited to the service

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 after the initial constitution shall be determined in

accordance with the general instructions issued by the

Government from time to time in this regard.

(3) Seniority of officers not covered by the above provisions,

shall be determined by the Government in consultation with

the Commission.

9. PROBATION:-(1) Every officer on appointment to the service

either by direct recruitment to the Junior Time Scale

through the examination or by promotion from Group B

post of Assistant Engineer shall be on a probation for a

period of two years;

Provided that the Controlling Authority may extend the

period of probation in accordance with the instructions or

orders issued by the Government from time to time in this

regard.

Provided further that any decision for extension of the period

of probation shall be taken ordinarily within eight weeks

after the expiry of the previous period of probation and the

decision in writing shall be communicated to the concerned

officer together with the reasons for so doing within the said

period.

(2) On completion of the period of probation, officers shall, if

considered fit for regular appointment, be retained in their

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 appointment on regular basis and be confirmed in due

course.

(3) If, during the period of probation referred to in sub-rule (1)

or any extension thereof, as the case may be, the

Government is of the opinion that an officer is not fit for

retention or if, at any time during such period of probation,

or extension thereof, the Government is satisfied that the

officer will not be fit for permanent appointment on the

expiration of such period of probation, or extension thereof,

the Government may for reasons to be recorded in writing,

discharge him from the service or revert him to the post

which he has been holding before his promotion, as the case

may be, or pass such orders as it may deem fit.

(4) During the period of probation, the officer may be required

by the Government to undergo such courses of training and

instructions and to pass such examination and tests

(including examination in Hindi) as it may deem fit for the

purpose of satisfactory completion of period probation.

(5) As regards other matters relating to period of probation, the

members of the service shall be governed by the instructions

or orders issued by the Government from time to time in this

regard.

10. LIABILITY FOR SERVICE:-(1) The officers appointed to the

service shall be liable to serve anywhere in India or outside.

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(2) Any person appointed to the service, if so required, be liable

to serve in any Defence Services or post connected with the

Defence of India, for a period of not less than four years,

including the period spent on training, if any, provided that

such person-

(a) shall not be required to serve as aforesaid after the

expiry of ten years from the date of his appointment;

or

(b) shall not ordinarily be required to serve as aforesaid

after attaining the age of forty years.

(3) The members of the service shall be liable to attend and

participate in the courts of enquiry ordered under the Army

rules against the army officers appointed to the service

under the Military Engineer Services (Army Personnel)

Regulations, 1989. The members of the service who are not

governed by the Army rules shall be governed by the rules

and other provisions as may be made applicable to them

from time to time by the Government.

(4) A member of the service shall also be liable to undergo

professional course as and when he is deputed for that.

(5) The conditions of the service of the members of the service in

respect of matters for which no provision is made in these

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 rules, shall be the same as are applicable to the officers of

the Central Civil Services from time to time.

11. 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 nay of the posts specified in

Schedule 1.

Provided that the 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 that

there are other grounds for so doing, exempt any person

from the operation of this rule.

12. RULES NOT APPLY TO ARMY OFFICERS:-These rules shall

not apply to the Army Officers appointed on tenure basis in

accordance with provisions of the Military Engineer Services

(Army Personnel) Regulations, 1989, as they shall be

governed by the Army Act, 1950 (46 of 1950) and the rules

framed thereunder.

13. APPLCIATION.- The posts specified in Schedule I are to be

manned by Civilians and Army Officers in accordance with

the provisions of the Military Engineer Services (Army

Personnel) Regulations, 1989, as a mended from time to time

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 and at no time can be held by another person unless the

Government so decides by specific orders in writing.

14. Power to relax.- Where the 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 and in consultation with

the Commission, relax any of the provisions of these rules

with respect to any class or category of persons.

15. SAVING.-(1) Nothing in these rules shall affect reservations,

relaxations of age limits and other concessions required to be

provided for the persons belonging to the Scheduled Castes,

the Scheduled Tribes, Ex-servicemen and other special

categories of persons in accordance with the orders issued

by the Government from time to time in this regard.

(2) All appointments, promotions or confirmations, made in

consultation with the Commission, under Establishment

orders issued from time to time before notification of these

rules shall be deemed to have been made under these rules.

16. Interpretation.-If any question arises relating to the

interpretation of these rules, it shall be decided by the

Central Government.

17. Repeal:- The following rules are hereby repealed, namely:-

(1) the military Engineer Service, Class I (Recruitment,

Promotion and Seniority) Rules published vide

notification No.1581, dated the 17th September, 1949,

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 in their application to the post of Assistant Executive

Engineer;

(2) the Military Engineer Services (Additional Chief

Engineer) Recruitment Rules, 1985;

(3) the Military Engineer Service (Superintending Engineer

) Recruitment Rules, 1985;

(4) the Military Engineer Service (Executive Engineer)

Recruitment Rules, 1986; and

(5) the Military Engineer Services (Chief Engineer)

Recruitment Rules, 1989.

Provided that such repeal shall not affect anything done or

omitted to be done or any action taken or omitted to be

taken under the aforesaid rules before such repeal.

SCHEDULE-1

[SEE RULES 2(e), (h) AND 4(1)AND (3)

Grade and scale of Name of the post Total Number

pay@ for civilian number of posts

officers) of post to be

held by

civilian

officers

Additional Director Additional Director 4 1

General (Rs.7300- General

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7600)

Chief Engineer Chief Enginee 44 17

(Rs.5900-6700)

Additional Chief Additional Chief 93 27

Engineer (Rs.4500- Engineer

5700 plus Rs.400

as special pay)

Superintending Superintending

Engineer (Selection Engineer

Grade) (Rs.4500-

5000)

Superintending Superintending 282 141

Engineer (Ordinary Engineer

Grade) (Rs.3700-

5000)

Executive Engineer Executive Engineer 890 445

(Rs.3000-4500)

Assistant Executive Assistant Executive 497 249

Engineer (Rs.2200- Engineer

4000)

*15% of the Senior duty posts (Executive Engineer and

above) subject to the condition that the number shall not

exceed the total number of posts sanctioned in the Junior

Administrative Grade post of Superintending Engineer.

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Note 1. Any increase or decrease in posts due to variation in

workload from the numbers given above shall be

shared equally by the Officers of the Corps of

Engineers and Civilian Officers, subject to ensuring

percentages wherever laid down.

2. Additional appointments, if held, shall be treated as

temporarily transferred vacancies due to functional

requirements of the Organization.

3. Superintending Engineers with not less than

fourteen years regular Group A service shall be

eligible for appointment to the post of

Superintending Engineer (Non-functional Selection

grade).

4. The posts of Engineer-in-Chief, Director General of

Works, Chief Engineer (command) and Additional

Chief Engineer (command) shall be held by the Army

Officers as laid down in the Military Engineer

Services (Army Personnel) Regulations, 1989.

However, these officers shall not form part of the

service. The number of posts to be manned by the

Civilian Officers and Army Officers shall be governed

by the Military Engineer Services (Army Personnel)

Regulations, 1989 as may be amended from time to

time.

SCHEDULE -1I

[See rule 7]

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 Minimum educational qualification and age limits for direct

recruits to the post of Assistant Executive Group A to be filled on

the results of the Examination to be conducted by the Union Public

Service Commission.

A candidate must have:

(i) A degree in Engineering from a University incorporated

by an Act of the Central or State Legislature in India or

other educational Institutions established by an Act of

parliament or declared to be deemed as a University

under section 3 of the University Grants Commission

Act, 1956 (3 of 1956) or a degree or diploma in

Engineering from such foreign Universities, Colleges or

Institutions and under such conditions as may be

recognized by the Government from time to time or

possesses qualifications which have been recognized

by the Government for the purpose of admission to the

Examination; and

(ii) Attained the age of twenty years but must not have

attained the age of twenty eight years on the first day

of August of the year in which the examination is held.

SCHEDULE-III

[See Rule 7]

Method of recruitment, field of promotion and minimum

qualifying service in the next lower grade or feeder grade for

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promotion to duty posts in the various grades of the Indian

Defence Service of Engineers (Group A)

S. Name of post Method of Whether Field of

No. and scale of recruitment selection selection and

pay Department minimum

al Promotion qualifying

Committee service for

or non- promotion

selection

1 2 3 4 5

1 Additional By promotion Selection Chief Engineer

Director (Civil )with 3

General years regular

(Works) service in the

(Rs.7300- scale of

6700) Rs.5900-6700.

2. Chief By promotion Selection Additional

Engineer Chief Engineer

(Rs.5900- with 8 years

6700) regular service

in the grade

(JAG) including

service, if any,

rendered in the

non-functional

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 selection grade

failing which 8

years combined

regular service

in the grades of

Additional

Chief Engineer

and

Superintending

Engineer or 17

years regular

service in

Group A posts

of which at

least 4 years

regular service

should be in

the grade of

Superintending

Engineer (JAG)

and possessing

degree in

Engineering

from a

recognized

University or

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 equivalent.

3. Additional By promotion Selection Superintending

Chief Engineer with 3

Engineer years regular

(Rs.4500- service in the

5700) plus grade

Rs.400 as possessing

special pay) degree in Civil,

Mechanical or

Electrical

Engineering

from a

recognized

University or

equivalent.

4. Superintendi By promotion By Superintending

ng Engineer appointment Engineer

(Non- on the basis (ordinary

functional of seniority Grade) who has

selection based on entered 14th

grade) suitability year of Group A

(Rs.4500- taken into service on 1st

5700) account July of the year

overall calculated from

performance the year

, experience following the

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 matters. year of

Examination on

the basis of

which the

member was

recruited.

5. Superintendi By promotion Selection Executive

ng Engineer Engineer with 5

(Ordinary years regular

Grade) service (in the

(Rs.3700- scale of

5000) Rs.3000-4500)

in the grade

with degree in

Civil,

Mechanical or

Electrical

Engineering or

equivalent from

a recognized

University/Insti

tution.

6. Executive By promotion (i) 66-2/3% Assistant

Engineer posts to be Executive

(Rs.3000- filled on Engineer with 4

4500) non- years regular

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 selection service in the

basis from grade with

the grade of degree in Civil,

Assistant Mechanical or

Executive Electrical

Engineer. Engineering or

equivalent from

a recognized

University/Insti

tution.

(ii) 33-1/3% Assistant

posts to be Engineer with 8

filled on years regular

selection service in the

basis from grade and

the grade of possessing

Assistant degree in Civil

Engineer Mechanical of

Electrical

Engineering or

equivalent from

a recognized

University/Insti

tution.

Note: Persons

holding the

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 port of

Assistant

Engineer on

regular basis

on the date of

promulgation of

the Indian

Defence Service

of Engineers

Rules, and,

possessing

diploma in

Civils

mechanical or

Electrical

Engineering

from a

recognized

University/Ins-

tituion will

continue to be

eligible for

promotion to

the grade of

Executive

Engineer.

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7. Assistant By direct The vacancies

Executive recruitment shall filled by

Engineer direct

(Rs.2200- recruitment on

4000) the basis of

Examiantion.

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 THE GAZETTE OF INDIA: EXTRAORDINARY

SCHEDULE IV

Composition of Group A Departmental Promotion Committee for

considering cases of promotion and confirmation to Group A posts

in the Indian Defence Service of Engineers.

Sl Name of post Group A Departmental Group A

No. Promotion committee (for Departmental

considering promotion) Promotion

Committee (for

considering

confirmation)

1 2 3 4 5

1. Additional i) Chairman/Member of Not

Director General Union Public Service applicable

(Works) Commission-

Chairman

ii) Secretary, Ministry of

Defence-Member

iii) Engineer-in-Chief-

Member

2. Chief Engineer i) Chairman/Member of Not

Union Public Service applicable

Commission-

Chairman

ii) Secretary/Additional

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 Secretary, Ministry of

Defence-member

iii) Engineer-in-Chief-

Member

3. Additional Chief (i) Chairman/Member of Not

Engineer Union Public Service applicable

Commission-

Chairman

ii) Secretary/Additional

Secretary, Ministry of

Defence-Member

iii) Engineer-in-Chief-

Member.

4. i) Joint Secretary, Not

Ministry of Defence- applicable

Chairman

ii) Additional Director

General of Engineers,

iii) Deputy Director

General, Engineer-in-

Chiefs Branch-

Member

5. i) Chairman/Member of Not

Union Public Service applicable

Commission-

Chairman.

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 ii) Joint Secretary,

Ministry of Defence-

Member

iii) Additional Director

General of Engineer,

Engineer-in-Chiefs

Branch-Member

6. i) Chairman/Member, Not

Union Public Service applicable

commission-

Chairman

ii) Joint Secretary,

Ministry of Defence-

Member.

iii) Additional Director

General of Engineer.

iv) Deputy Secretary,

Ministry of Defence

Member.

Note:- The proceedings of Departmental Promotion Committee

relating to confirmation shall be sent to the Commission for

approval. If, however these are not approved by the

Commission, a fresh meeting of Departmental Promotion

Committee to be presided over by the Chairman or a Member

of the Commission shall be held.

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 [NO.85604/CSCC/528/RR]
M.S.Sokhanda, Jt. Secy. E.

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