Class III Ministerial Employees of the Non-Government Polytechnics taken over by the Government (Absorption) Rules, 1988

[22nd December, 1988]

Published vide Notification No. F-1-8-88-MP-52-1, dated 22-12-1988, published in M.P. Rajpatra, Part 4 (Ga), dated 20-1-1989

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Madhya Pradesh hereby makes the following rules regulating the absorption of Class III Ministerial Employees of the Non-Government Polytechnic taken over by the State Government, namely :-

Rule 1. Short title and commencement.-

(1)     These rules may be called The Class III Ministerial Employees of the Non-Government Polytechnics taken over by the Government (Absorption) Rules, 1988.

(2)     These rules shall be deemed to have come into force with effect from the 19th November, 1984.

Rule 2. Definitions.-

In these rules unless the context otherwise requires:-

(a)      "Polytechnic" means any non-Government Polytechnic Institution whatsoever named which is admitted to the privileges of M.P. Board of Technical Education in the State as a Non-Government Polytechnic affiliated or constituent polytechnic and is taken over by the Government.

(b)      "Ministerial Staff" means a person holding any of the posts as shown in Schedule I in the Polytechnic at the time when it was taken over by the Government.

(c)      "Screening Committee", means a committee comprising of the following members nominated by the Director of Technical Education.

(1)     Addl. D.T.E./Jt. D.T.E.

(2)     Dy. D.T.E.

(3)     Asstt. D.T.E. and

(4)     One Principal of Government Polytechnic.

Rule 3. Absorption of ministerial staff.-

The Class III Ministerial Staff of Non-Government Polytechnic taken over by the Government shall be absorbed temporarily by the appointing authority as shown in column (6) of Schedule I, on the recommendations of the screening committee.

Rule 4. Jurisdiction of screening committee.-

The Screening Committee shall consider the cases of the Ministerial Staff in the Polytechnics for absorption to appropriate posts in Government service.

Rule 5. Considerations for absorption under Government service.-

(1)     No ministerial staff members shall be absorbed to a post who-

(a)      does not fulfil minimum qualifications prescribed in Schedule II for the post of absorption;

(b)      was removed or dismissed from Government or any other service for proved misconduct and/or criminal offence at any time in the post.

(2)     If any staff member under Ministerial service who is otherwise eligible for absorption, but, has not passed the Accounts Training Examination which is prescribed as essential qualification for the post of Jr. Accounts Officer/Accountant or has not passed Hindi Typing Examination which is essential for the post of L.D.C. and who has completed one year service at the time of taking over a Non-Government Polytechnic, shall be allowed to continue on the post for which he is otherwise eligible. Such person will have to pass the Accounts Training Examination/Hindi Typing Examination as the case may be within two years from the date of publication of these rules in Gazette, otherwise, he shall be absorbed to the post of H.C. if he is a Jr. Accounts Officer and on the post of U.D.C. if he is an Accountant. The seniority of the person who is allowed to continue to work in a higher post shall be counted from the date on which he passes prescribed examination. The L.D.C. who has not passed the Typing Examination but is eligible for absorption on the post of L.D.C. will be allowed to work on the post of L.D.C. on the same pay which he was drawing at the time of taking over the Polytechnic by the Government. But his seniority will be counted from the date of passing the Typing Examination and he will be eligible for annual increment from the date of passing the Typing Examination.

(3)     No staff member under Ministerial service shall be absorbed to a post in Government service which carries a higher pay scale than the post on which he was working prior to the take over of the Polytechnic by the Government.

(4)     In pursuance of para 4 (1)(a) of these rules no staff member shall be absorbed to a Ministerial post unless he has minimum qualification and experience prescribed for such post as shown in Schedule II on the date of taking over of Polytechnic by the Government.

Rule 6. Determination of seniority.-

(1)     (a) In pursuance of Rule 4 the persons absorbed to a particular post shall get his seniority from the date the Polytechnic was taken over by the Government and he will be placed below the last existing Government servant recruited or promoted to that post/cadre before the date of absorption.

(b) Other factors being equal, the older person shall be given seniority over the younger.

(c) Where the Government have taken over more than one Polytechnic on the same date, the seniority of the employees absorbed will be counted from the date of continuous service rendered on the post whether temporary or permanent.

(d) Where the Government has taken over more than one Polytechnic on the same date and if any employee is absorbed on a post lower than the post he was holding, the names of such employees shall be kept above the employees who were working on such post before absorption.

(2)     In pursuance of clause (i) in the gradation list the names of Ministerial staff of a Polytechnic taken over by the Government will be kept above the employees of those Polytechnics which will be taken over by the Government at a later date and the inter-se seniority will be determined on the basis of total continuous service rendered by them in their respective posts.

Rule 7. Leave benefits.-

No leave standing at the credit of the Ministerial staff on the date of absorption shall be permitted to be carried forward on his absorption in Government service.

Exception. - However, if a person pays the leave salary and pension contribution in respect of service rendered in a Non-Government Polytechnic, such person shall be permitted to carry forward the leave at his credit subject to the restrictions and maximum limits prescribed in the Madhya Pradesh Civil Services (Leave) Rules, 1977.

Rule 8. No confirmation as of right.-

No person absorbed into Government service under the provisions of this Schedule, shall by virtue of the fact that he was earlier confirmed in service by the Non-Government Polytechnic, claim as a matter of right to be confirmed in Government service. Confirmation of such persons shall be done in accordance with the Government Rules in force from time to time.

Rule 9. Pay fixation.-

(a)      The date of appointment/promotion of an employee absorbed in Government service shall be deemed to be the date on which his appointment/promotion is approved by the Government body of the polytechnic concerned. The pay of such employee on the aforesaid date shall nationally be fixed at the minimum of the pay scale of the post to which he is absorbed. Where an employee was holding the higher post than the post on which he is absorbed before his absorption in Government service and was drawing pay at the maximum or more of the time scale of pay of lower post, then the substantive pay drawn by him shall be protected in such manner that his substantive pay will be equal to the maximum of the pay scale of lower post and the difference shall be treated as personal pay to be absorbed in increase in pay of the promoted post.

Explanation. - (a) If the approval of the governing body of the polytechnic concerned was received for a post higher than the post on which he is absorbed then the said approval shall be deemed to be the approval for the post of absorption with effect from that date.

(b)      The pay of the absorbed employee as on 19-11-84 or the date of absorption whichever is later shall be calculated after granting an increment in the applicable pay scale for every completed year of service rendered after the date of such approval.

(c)      If on the said date the pay calculated on notional basis, is more than the actual pay, such employee shall continue to draw the actual pay and shall be granted future increments on the dates fixed in the notional calculation.

(d)      If the actual pay on that date is more than the pay calculated on notional basis, the pay of that employee shall be fixed on the basis of the notional pay and the difference will be treated as personal pay to be absorbed in future increment or increments in pay.

Explanation. - Actual pay means the substantive pay and personal pay, if any.

Schedule I

(See Rules 2 and 3)

Schedule II

(See Rule 5)