In exercise of the powers conferred by the proviso
to Article 309 of the Constitution of India, the Governor, Himachal Pradesh, in
consultation with the Himachal Pradesh Public Service Commission, hereby makes
the following rules regulating the reservation of vacancies in the Himachal
Pradesh Technical Services/Posts for the Ex-servicemen, namely:- (1)
These
rules may be called the Ex-servicemen (Reservation of Vacancies in the Himachal
Pradesh Technical Services) Rules, 1985. (2)
[1][These rules shall be deemed to have come into
force with effect from 3.5.1983.] (3)
These
rules shall apply to all technical posts/services in the Himachal Pradesh which
are filled up by direct recruitment through competitive examination,
interview/test conducted by the Himachal Pradesh Public Service Commission or
by the appointing authority, as the case may be. (a)
"Technical
posts" means all posts in the Medical and Engineering Services under the
Government of Himachal Pradesh. (b)
"Ex-servicemen"
means a person who joined any rank (whether as a combatant or as non-combatant)
on or after the 1st day of November, 1962, in the Armed Forces of the Union
excluding the Assam Rifles, Defence Security Corps, General Reserve Engineering
Force, Lok Sahayak Sena and Territorial Army, and served there for a continues
period of not less than six months after attestation; and (i)
has
been released, otherwise than at his own request or by way of dismissal or
discharge on account of misconduct or inefficiency, or has been transferred to
reserve pending such release; or (ii)
has
to serve for not more than six months for completing the period of service
requisite for becoming entitled to be released or transferred to the reserve as
aforesaid; or (iii)
has
been released at his own request, after completing five years service in the
Armed Forces of the Union. (1)
[2][Fifteen percent of vacancies to be filled by
direct recruitment in Himachal Pradesh Technical Services shall be reserved for
being filled in by recruitment of Ex-servicemen. This 15% reservation in Class
II and IV posts will also include appointments of one dependent of those
Defence Services Personnel who were killed in action of disabled in action and
rendered unfit for civil employment. Such dependents shall have to fulfil the
requirements of the Recruitment and Promotion Rules of the post(s) to which
they will be appointed, but they shall not be entitled for any other
benefits/concessions such as fixation of pay and seniority under rule 5(1): Provided that whatever vacancies are left over due
to non-availability of suitability of suitable ex-servicemen who joined service
or were commissioned on or after the 1st day of November, 1962 and the dependents
as provided above will be filled by suitable ex-servicemen who joined service
or were commissioned before 1st day of November, 1962. The concessions such as
relaxation in age as prescribed in these rules shall also be admissible to such
Ex-servicemen. However, the benefit of counting the period of approved military
service for the purpose of fixation of seniority and pay as provided in rule
5(1) of these rules, shall not be admissible to such Ex-servicemen. (2)
Where
in any year, vacancies reserved for the ex-servicemen and the dependents of the
Defence Services Personnel who were killed in action or disabled in action and
rendered unfit for civil employment remained unfilled for want of suitable
ex-servicemen or dependents as stated above such vacancies may be filled up
temporarily from any other source in accordance with the recruitment rules for
the time being in force, for filling up vacancies which are not served. The
number of such vacancies shall be carried forward to the next succeeding years: Provided that not such vacancies shall be carried
forward for more than four year: Provided further that dependent sons and daughters
and wives of ex-servicemen who fulfil the conditions of education, age etc.
prescribed for various posts shall also be considered on Merit for the posts
reserved for ex-servicemen (including one dependent as in rule 3(1) above) to
the extent of non-availability of suitable ex-servicemen (including one
dependent as in rule 3(1) above) after four years and if no suitable son/daughter/wife
of ex-servicemen is available in the fifth year, the vacancies shall lapse.
This entitlement would be available to the dependent, ward/wife only. In the
event of selection of the wards/wives of ex-servicemen against the reserved
vacancies under these rules, they will not be entitled to any other benefits
which are available to the ex-servicemen under these rules: Provided further that the total number of vacancies
reserved for ex-servicemen and the dependent of the Defence Services Personnel
killed or disabled in action and rendered unfit for civil employment, Scheduled
Castes, Scheduled Tribes, Backward Classes and other categories, along with
carry forward reservation in Himachal Pradesh Technical Services shall not
exceed 50% (fifty percent) of the total number of vacancies to be filled up on
a particular occasion".] (1)
Vacancies
reserved for the ex-servicemen shall be filled up on the basis of their record
of military service (discharge certificate) and their performance at a written
examination and/or viva-voce test to be conducted by the Himachal Pradesh
Public Service Commission or any other recruiting authority, as the case may
be. (2)
No
ex-serviceman shall be eligible to appear for an examination referred to in
rule 4(1) above unless- (a)
he
possesses the minimum educational qualifications and other essential
qualifications prescribed in the Recruitment and Promotion Rules for direct
recruitment to the post on which he is to be appointed; (b)
his
age at the time of joining military service or training prior to the
Commission, as the case may be, does not exceed the upper age limit prescribed
for direct recruitment to the posts; and (c)
after
release from the Armed Forces of the Indian Union, he is found to be physically
and mentally fit in accordance with the provisions of the service rules
applicable to such posts. (1)
Only
the period of approved military service rendered after attaining the minimum
age prescribed for appointment to the service concerned by the candidates
appointed against reserved vacancies under the relevant rules, shall count
towards fixation of pay and seniority in that service at the time of first
civil appointment against reserved vacancy. This benefit shall not be
admissible in subsequent appointments of ex-servicemen who are already employed
under the State/Central Government against reserved posts. (2)
Inter-se
seniority of candidates who are appointed against the vacancies reserved under
rule 3 and allotted to a particular year, shall be determined on the basis of
their dates of birth; the candidates elder in age to be placed senior to the
one younger in age: Provided that in the case of candidates having the
same date of birth, seniority shall be determined according to the merit list
prepared by the recruiting authority on the basis of result of the test of
examination. (3)
All
candidates appointed against the reserved vacancies under rule 3 shall rank
below the candidates appointed by direct recruitment in the year to which the
former candidates are allotted. The provisions of these rules shall have effect
notwithstanding anything to the contrary contained in any other rules.EX-SERVICEMEN (RESERVATION OF VACANCIES IN THE HIMACHAL
PRADESH TECHNICAL SERVICES) RULES, 1985
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