HARYANA HEALTH DEPARTMENT PHARMACIST (GROUP
A) SERVICE RULES, 2020
PREAMBLE
In exercise of the powers
conferred by the proviso to article 309 of the Constitution of India, the
Governor of Haryana hereby makes the following rules regulating the recruitment
and conditions of service of persons appointed to the Haryana Health Department
Pharmacist (Group A) Service, namely:-
PART
I
GENERAL
Rule 1. Short title.--
These rules may be called the
Haryana Health Department Pharmacist (Group A) Service Rules, 2020.
Rule 2. Definition.--
In these rules, unless the
context otherwise require,-
(a)
"Commission" means the Haryana Public Service
Commission;
(b)
"direct recruitment" means an appointment made otherwise
than by promotion from within service or by transfer of an officer already in
the service of the Government of India or any State Government;
(c)
"Government" means the Government of the State of
Haryana in the administrative department;
(d)
"Institution" means--
(i)
any institution established by law in force in the State of
Haryana; or
(ii)
any other institution recognized by the Government for the purpose
of these rules;
(e)
"recognized university" means,--
(i)
any university incorporated by law in India; or
(ii)
any other university which is declared by Government to be a
recognized university for the purpose of these rules; and.
(f)
"Service" means the Haryana Health Department Pharmacist
(Group A) Service.
PART
II
RECRUITMENT TO SERVICE
Rule 3. Number and Character of Posts.--
The Service shall comprise the
posts shown in Appendix A to these rules:
Provided that nothing in these
rules shall affect the inherent right of the Government to make additions to,
or reductions in, the number of such posts or to create new regular posts with
different designations and scales of pay.
Rule 4. Nationality, domicile and character of candidates appointed to service.--
(1)
No person shall be appointed to any post in the Service, unless he
is-
(a)
a citizen of India; or
(b)
a subject of Nepal; or
(c)
a subject of Bhutan;
Provided that a person belonging
to any of the categories (b) or (c) shall be a person in whose favour of a
certificate of eligibility has been issued by the Government.
(2)
A person in whose case a certificate of eligibility is necessary
may be admitted to an examination or interview conducted by the commission or
any other recruiting authority, but the offer of appointment may be given only
after the necessary eligibility certificate has been issued to him by the
Government.
(3)
No person shall be appointed to any post in the Service by direct
recruitment, unless he produces a certificate of the character from the
principal, academic officer of the University, college, school or institution
last attended, if any, and similar certificate from two other responsible
persons, not being his relatives, who are well acquainted with him in his
private life and are unconnected with his university, college, school or
institution.
Rule 5. Appointing Authority.--
Appointments to the post in the
Service shall be made by the Government.
Rule 6. Qualifications and experience.--
No person shall be appointed to
any post in the Service, unless he is in possession of qualifications and
experience specified in column 3 of Appendix B to these rules in the case of
direct recruitment and those specified in column 4 of the aforesaid Appendix in
the case of appointment other than by direct recruitment:
Provided that in case of direct
recruitment, the qualifications regarding experience shall be relaxable to the
extent of 50% at the discretion of the Commission or any other recruiting
authority in case sufficient number of candidates belonging to Scheduled
Castes, Backward Classes, Ex-servicemen and Physical Handicapped categories,
possessing the requisite experience, are not available to fill up the vacancies
reserved for them, after recording reasons for so doing in writing.
Rule 7. Disqualifications.--
No person,
(a)
who has entered into or contracted a marriage with a person having
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 post in Service:
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 there are
other grounds for so doing, exempt any person from the operation of this rule.
Rule 8. Method of recruitment.--
(1)
Recruitment to the Services on the post of Deputy Director
(Pharmacy) shall be made,
(i)
by promotion amongst Chief Pharmacists; or
(ii)
by transfer or deputation of an officer already in the service of
any State Government or the Government of India;
(2)
The appointment by transfer or deputation shall be made only in
exceptional circumstances when a suitable person is not available for
promotion.
(3)
All promotions unless otherwise provided, shall be made on
seniority-cum-merit basis and seniority alone shall not confer any right to
such promotions.
Rule 9. Probation.--
(1)
Person appointed to any post in the Service shall remain on
probation for a period of two years, if appointed by direct recruitment and one
year, if appointed otherwise:
Provided that-
(a)
any period after such appointment spent on deputation on a
corresponding or a higher post shall be counted towards the period of
probation;
(b)
any period of work in equivalent or higher rank, prior to
appointment to the Service may, in the case of an appointment by transfer, at
the discretion of the appointing authority, be allowed to count towards the
period of probation fixed under this rule; and
(c)
any period of officiating appointment shall be reckoned as period
spent on probation, but no person who has so officiated shall, on the
completion of the prescribed period of probation, be entitled to be confirmed,
unless he is appointed against a regular vacancy.
(2)
If, in the opinion of the appointing authority, the work or
conduct of a person during the period of probation is not satisfactory, it
may,-
(a)
if such person is appointed by direct recruitment, dispense with
his services; and
(b)
if such person is appointed otherwise than by direct recruitment,
-
(i)
revert him to his former post; or
(ii)
deal with him in such other manner as the terms and conditions of
his previous appointment permit.
(4)
On the completion of the period on probation of a person, the appointing
authority may-
(a)
if his work and conduct has, in its opinion been satisfactory,
confirm such person from the date of his appointment, if appointed against a
regular vacancy; or
(b)
if his work or conduct has, in its opinion, been not satisfactory,
-
(i)
dispense with his service, if appointed by direct recruitment, and
if appointed otherwise, revert him to his former post or deal with him in such
other manner, as the terms and conditions of his previous appointment permit;
or
(ii)
extend his period of probation and thereafter pass such orders, as
it could have passed on the expiry of the first period of probation;
Provided that the total period of
probation including extension, if any, shall not exceed three years.
Rule 10. Seniority.--
Seniority, inter se of members of
the Service shall be determined by the length of continuous service on any post
in the Service:
Provided that where there are
different cadres in the Service, the seniority shall be determined separately
for each cadre:
Provided further that in the case
of members appointed by direct recruitment, the order of merit determined by
the Commission shall not be disturbed in fixing the seniority:
Provided further that in the case
of two or more members appointed on the same date, their seniority shall be
determined as follows:-
(a)
a member appointed by direct recruitment shall be senior to a
member appointed by promotion or by transfer;
(b)
a member appointed by promotion shall be senior to a member
appointed by transfer;
(c)
in the case of members appointed by promotion or by transfer
seniority shall be determined according to the seniority of such members in the
appointments from which they were promoted or transferred; and
(d)
in the case of members appointed by transfer from different
cadres, their seniority shall be determined according to pay, preference being
given to a member, who was drawing a higher rate of pay in his previous
appointment, and if the rates of pay drawn are also the same, then by length of
their service in the appointments, and if the length of such service is also
the same, the older member shall be senior to the younger member.
Rule 11. Liability to serve.--
(1)
A member of the Service shall be liable to serve at any place,
whether within or outside the State of Haryana, on being ordered so to do by
the appointing authority.
(2)
A member of the Service may also be deputed to serve as under:
(i)
Chandigarh Administration, Chandigarh, a company, an association
or body of individuals whether incorporated or not, which is wholly or
substantially owned or controlled by the State Government, a Municipal
Corporation or a local authority or university within the State of Haryana; or
(ii)
the Central Government or a company, an association or a body of
individuals, whether incorporated or not, which is wholly or substantially
owned or controlled by Central Government; or
(iii)
any other State Government, an international organization, an
autonomous body not controlled by the Government, or a private body:
Provided that no member of the
Service shall be deputed to serve the Central or any other State Government or
any organization or body referred to in clause (ii) or clause (iii) except with
his consent.
Rule 12. Pay, leave, pension and other matters.--
(1)
In respect of pay, leave, pension and all others matters, not expressly
provided for in these rules, the member of the Service shall be governed by the
Haryana Civil Services (General) Rules, 2016, the Haryana Civil Services (Pay)
Rules, 2016, the Haryana Civil Services (Travelling Allowance) Rules, 2016, the
Haryana Civil Services (Allowances) Rules, 2016, the Haryana Civil Services
(Leave) Rules, 2016, the Haryana Civil Services (General Provident Fund) Rules,
2016, the Haryana Civil Services (Pension) Rules, 2016, the Haryana Civil
Services (Government Employee Conduct) Rules, 2016, The Haryana Civil Services
(Punishment and Appeal) Rules, 2016 and by such rules and regulations, as may
have been, or may hereafter be, adopted or made by the competent authority
under the Constitution of India or under any Law for the time being in force
made by the State Legislature:
Provided that the Haryana Civil
Services (Pension) Rules, 2016, shall not be applicable to those member of
service who are appointed on or after the 1st January, 2006 (except
death-cum-retirement gratuity and leave encashment).
(2)
A Government employee who retires from Service or post shall be
eligible to his Service qualifying for superannuation pension (but not for any
other class of pension),-
(i)
the actual period not existing one-fourth of the length of his Service;
or
(ii)
the actual period by which his age at the time of recruitment
exceeds twenty-five years; or
(iii)
a period of five years, whichever is less, if the Service or post
to which the Government employee is appointed is one-
(a)
for which post-graduate research of specialist qualification, or
experience in scientific, technological or professional fields is essential;
and
(b)
to which candidates of more than twenty-five years of age are
normally recruited:
Provided that his concession
shall be admissible to a Government employee-
(i) appointed
by direct recruitment and not by promotion;
(ii) who has
actual qualifying service of ten years or more at the time of superannuation
retirement:
Provided that the provision of
above said sub-rule (2) shall not be applicable to those members of Service who
are appointed on or after the 1st January, 2006.
(3)
The concession referred to sub-rule (2) shall also be admissible
on subsequent appointment from any other post to such a post in the same or any
other department:
Provided that the Government
employee shall be entitled either to count his past qualifying service for
superannuation pension or to get concession under sub-rule (2). He shall
exercise an option to this effect within one year from the date of joining. The
option once exercised shall be final.
Note:- The decision to grant the
concession under these rule shall be taken within two years from the date of
retirement by the Administrative Department in consultation with the Finance
Department.
Rule 13. Discipline, penalties and appeals.--
(1)
In matters, relating to discipline, penalties and appeals, members
of the Service shall be governed by the Haryana Civil Services (Punishment and
Appeal) Rules, 2016, as amended from time to time:
Provided that the nature of
penalties which may be imposed, the authority empowered to impose such
penalties and appellate authority shall, subject to the provisions of any law
or rules made under article 309 of the Constitution of India, be such as are
specified in Appendix C to these rules.
(2)
The authority competent to pass an order under clause (c) or
clause (d) of rule 9 of the Haryana Civil Services (Punishment and Appeal)
Rules, 2016 and the appellate authority shall be, as specified in Appendix D to
these rules.
Rule 14. Vaccination.--
Every member of the service,
shall get himself vaccinated or revaccinated as and when the Government so
directs by a special or general order.
Rule 15. Oath of allegiance.--
Every member of the service,
unless he had already done so, shall be required to take the oath of allegiance
to India and to the Constitution of India as by law established.
Rule 16. Power of relaxation.--
Where the Government is of the
opinion that it is necessary or expedient to do so, it may, by order, for reasons
to be recorded in writing, relax any of the provisions of these rules with
respect to any class or category of persons.
Rule 17. Special provisions.--
Notwithstanding anything
contained in these rules the appointing authority may impose special terms and
conditions in the order of appointment, if it is deemed expedient to do so.
Rule 18. Reservations.--
Nothing contained in these rules
shall affect reservations and other concessions required to be provided for
Scheduled Castes, Backward Classes, Ex-servicemen, physically handicapped
persons or any other class or category of persons in accordance with the orders
issued by the State Government in this regard, from time to time.
Rule 19. Private practice.--
No member of the service shall do
private practice.
APPENDIX A
(see rule 3)
|
Serial
Number
|
Designation
of Post
|
Number
of Posts
|
Scale
of Pay
|
|
1
|
2
|
3
|
4
|
|
1
|
Deputy
Director (Pharmacy)
|
1
|
FPL-11,
Cell-1 = Rs. 67700/-
|
APPENDIX B
(see rule 6)
|
Serial
Number
|
Designation
of Post
|
Academic
qualification and experience if any, for direct recruitment
|
Academic
qualification and experience, if any, for appointment other than by direct
recruitment
|
|
1.
|
2.
|
3.
|
4.
|
|
1
|
Deputy
Director (Pharmacy)
|
|
by
Promotion-
Atleast
two years experience as Chief Pharmacist.
|
|
by
transfer or deputation-
|
|
(i)
|
Atleast
seven years experience of equivalent Post;
|
|
(ii)
|
Degree
in Pharmacy from any recognized University; and
|
|
(iii)
|
Hindi
or Sanskrit as one of subject in Metric or Higher Education.
|
APPENDIX C
[see rule 13 (1)]
|
Serial
Number
|
Designation
of post
|
Appointing
authority
|
|
Nature
of penalty
|
Authority
empowered impose penalty
|
Appellate
authority
|
|
1
|
2
|
3
|
|
4
|
5
|
6
|
|
1
|
Deputy
Director (Pharmacy)
|
Government
|
(i)
|
Minor
Penalties
As
prescribed in Haryana Civil Services (Punishment & Appeal) Rules, 2016.
|
Government
|
Government
|
|
(")
|
Major
Penalties
As
prescribed in Haryana Civil Services (Punishment & Appeal) Rules, 2016.
|
APPENDIX D
[see rule 13 (2)]
|
Serial
Number
|
Designation
of post
|
|
Nature
of order
|
Authority
empowered to made the order
|
|
1
|
2
|
|
3
|
4
|
|
1.
|
Deputy
Director (Pharmacy)
|
(i)
|
reducing
or withholding the amount of ordinary or additional pension admissible under
the rules governing pension;
|
Government
|
|
(ii)
|
terminating
the appointment of a member of the service otherwise than on his attaining
the age fixed for superannuation.
|