General central service

do not try to set classwork question like a law teacher in a university.  please state the facts on which you want legal  advise.

Dear Sir, question is elaborate

anyhow, what is the effect of rule 7 of ccs cca rules 1965

in case of  adhoc appointees appointed to General central service classified service?

2) who is the appointing authority for an ashoc appointment when appointed to  a General central service, Gropu 'A' Gazetted Non Ministerial 

3) what is the effect of adhoc appointment , when they are recuited and appointed during absence of recruitment rules

Regards,

Citizen

in case of  adhoc appointees appointed to General central service classified service?

Ans : Your query is not understood.  Either write in Hindi or seek help of someone knowing English.

2) who is the appointing authority for an ashoc appointment when appointed to  a General central service, Gropu 'A' Gazetted Non Ministerial 

Ans : Appointing authority of all Gp-A post if President. Minister approves such appointment s in delegated capacity.

3) what is the effect of adhoc appointment , when they are recuited and appointed during absence of recruitment rules.

Ans : They do not figure anywhere in the seniority list and service is not counted for seniority/pension etc.

with due respect,

I need your valuable advice as iam assuming that you are from DOPT ( A nodal agency of  personal service and appellatte body of UPSC)

Q1) what does rule 7 of ccs cca rules ,1965 says when the appointment to GCS service is made on adhoc basis

I mean are they termed as regular appointee ( term member is used ).

Q3)i mean, are such appointments are termed as regular.

Q4) if the Court directs the secretary of the ministry for deciding the Appeal Under Rule 27 of ccs rules,1965

Is it heard by the Secretary himself or will it be delegated to anybody of below his rank?

Q4) if the Biannual confidential reports are reported to UPSC on a regular basis, will such method is called consultation?

Regards,

Citizen

be clear

I am neither in DOPT nor in UPSC. Had I been so I would not have replied even a single query on service matters on any open forum.

be also clear

DOPT is not Appellate body above UPSC.

Q1) what does rule 7 of ccs cca rules ,1965 says when the appointment to GCS service is made on adhoc basis

I mean are they termed as regular appointee ( term member is used ).

 Ans : Do not address like an examiner addresses a candidate

Read rule 7

7.         General Central Service

Central Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.

when you are civilian in defence and Gp-A apparently you are part of a service (analysis count be could be otherwise as  you are not coming with facts of the case. This rule does not deal with ad-hoc appointment.

Q3)i mean, are such appointments are termed as regular.

Ans : neither “yes” nor “no”. You are not describing facts of the case and this is not an examination hall.

Q4) if the Court directs the secretary of the ministry for deciding the Appeal Under Rule 27 of ccs rules,1965

Is it heard by the Secretary himself or will it be delegated to anybody of below his rank?

Ans : read rule 24

24.              Appellate Authority

(1)      A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in the Schedule or by a general or special order of the President or, where no such authority is specified-

(i)       where such Government servant is or was a member of a Central Service, Group ‘A’ or Group ‘B’ or holder of a Central Civil Post, Group ‘A’ or Group ‘B’ -

(a)              to the appointing authority, where the order appealed against is made by an authority subordinate to it; or

(b)              to the President where such order is made by any other authority;

which the authority making the order appealed against is immediately subordinat(ii)  where such Government servant is or was a member of a Central Civil Service, Group ‘C’ or Group ‘D’, or holder of a Central Civil Post, Group ‘C’ or Group ‘D’, to the authority toe.

(2)        Notwithstanding anything contained in sub-rule (1)-

(i)       an appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate :

Provided that where such authority is subordinate to the President in respect of a Government servant for whom President is the appellate authority in terms of sub-clause  (b) of clause (i) of sub-rule (1), the appeal shall lie to the President.

(ii)      where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate.

(3)      A Government servant may prefer an appeal against an order imposing any of the penalties specified in rule 11 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such Government servant in respect of his activities connected with his work as an office-bearer of an association, federation or union, participating in the Joint Consultation and Compulsory Arbitration Scheme.

Your query remains mute unless the exact workding and contect of the court order is not disclosed..

Q4) if the Biannual confidential reports are reported to UPSC on a regular basis, will such method is called consultation?

Ans : First of all CRS (Now called APAR) are not biannual these are annual. UPSC is not the deposit house of the CRS (Now called APAR) each cadre authority has to himself maintain CRS (Now called APAR) of all authorities. These reports are to be submitted to UPSC when one is being considered for promotion and the DPC is to be held in UPSC.

I am sure that so far (despite my above replies) your query is not resolved.

The facts of you case are in 2 parts:-

Part-I
 which you do not understand

Part-II

which you understdand but do not want to disclose.

Dear Sir,

as per the schedule attached to ccs cca rules 1965

defence secretary --appellatte authority for holders/members of General cenral service group 'a' gazetted non-ministerial

defence minister --revising authority

i donot know who is the reviewing authority

if direction are gone to defence secretary , will he hear my case or will he delegate it to anybody

if delegated, will it attract the contempt of the court?

Q2)please intepret the rule 7 considering holders(adhoc(officiating),probationer/temporary/deputationist) and members(confirmed employee)

rule 7 says 

7.         General Central Service

Central Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.

you are committed and determined to hide vital facts from the forum andyet execting an advise.

• If you hold a Gp-A post the Defence Secretary cannot be your Appellate Authority.
• If you are holding this post on ad-hoc basis you are not disclosing the classification and cadre to which you belong.  The schedule you arfe referring to is having seperate entry for each cadre.
• Defence Minister is never stated a revising authority.  He exercises powers under CCS(AA&) Rules as Disciplinary/ Appellate / Revising/ Reviwing authority on bahelf of President.
•  

you have asked :-

If direction are gone to defence secretary , will he hear my case or will he delegate it to anybody if delegated, will it attract the contempt of the court?

with a all  my 25 Yrr  career mostly dealing with disciplinary cases of defence civilans and other civilian, I cannot understand what you want to ask.

While seeking free advise (or even paid advise) you cannot expect the experts to hunt facts and then advise you.  It is you who has to tell facts.

You are not disclosing :-

(i)    From whom the directions are there.

(ii)  What are the directions?

(iii)     Whether there is any court order (so far you never stated about any court orde)..

Do not believe this to be astrological forum

You further asked :-

Q2)please intepret the rule 7 considering holders(adhoc(officiating),probationer/temporary/deputationist) and members(confirmed employee)

You are repeating the language of Rule 7 feeling that experts do not know this rule which is available in market and also on net. You are framing a question like question paper given by teacher to students.

you come with vital facts.