HIMACHAL PRADESH, DEPARTMENT OF HEALTH AND FAMILY WELFARE, STAFF NURSE CLASS-III (NON-GAZETTED ) RECRUITMENT AND PROMOTION RULES, 2019

PREAMBLE

In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the following Recruitment and Promotion Rules for the post of Staff Nurse, Class-III(Non-Gazetted) in the Department of Health & Family Welfare, Himachal Pradesh as per Annexure- "A" attached to this notification, namely :-

Rule - 1. Short title and Commencement.--

(1)     These rules may be called the Himachal Pradesh, Department of Health and Family Welfare, Staff Nurse Class-III (Non-Gazetted ) Recruitment and Promotion Rules, 2019.

(2)     These rules shall come into force from the date of publication in the Rajpatra,(e-Gazette) Himachal Pradesh

Rule - 2. Repeal & savings.--

(1)     The Himachal Pradesh, Department of Health & Family Welfare, Staff Nurse, Class-III (Non-Gazetted), Recruitment & Promotion Rules, 1999 notified vide this Department Notification No. Health-A-A(3)30/1996 dated 25.2.1999 are hereby repealed.

(2)     Notwithstanding such repeal, any appointment made or anything done or any action taken under the rules, so repealed under sub-rule 2(1) supra shall be deemed to have been validly made or done or taken under these rules.

Annexure-A

RECRUITMENT AND PROMOTION RULES FOR THE POST OF STAFF NURSE CLASS-III (NON-GAZETTED) IN THE DEPARTMENT OF HEALTH & FAMILY WELFARE HIMACHAL PRADESH.

Provided that the upper age limit for direct recruits will not be applicable to the candidates already in service of the Government including those who have been appointed on adhoc or on contract basis:

Provided further that if a candidate appointed on adhoc or on contract basis had become over-age on the date he was appointed as such, he shall not be eligible for any relaxation in the prescribed age-limit by virtue of his such adhoc or contract appointment:

Provided further that upper age limit is relaxable for Scheduled Castes/Scheduled Tribes/Other Backward Classes and Other categories of persons to the extent permissible under the general or special order(s) of the Himachal Pradesh Government:

Provided further that the employees of all the Public Sector Corporations and Autonomous Bodies who happened to be Government Servant before absorption in Public Sector Corporations/Autonomous Bodies at the time of initial constitution of such Corporations/Autonomous Bodies shall be allowed age concession in direct recruitment as admissible to Government servants. This concession will not, however, be admissible to such staff of the Public Sector? orporations/Autonomous Bodies who were/are subsequently appointed by such Corporation/Autonomous Bodies and who are/were finally absorbed in the service of such Corporations/Autonomous Bodies after initial constitution of the Public Sector Corporations/Autonomous Bodies.

 

Note:- Age limit for direct recruitment will be reckoned on the first day of the year in which the post(s) is/are advertised for inviting applications or notified to the Employment Exchanges or as the case may be.

 

10. Method(s) of recruitment, whether by direct recruitment or? by promotion/ secondment/ transfer and the percentage of post(s) to be filled in by various methods:

(1)     45% by Direct Recruitment on a regular basis or by recruitment on contract basis, as the case may be through the concerned recruiting agency.

 

(2)     45% by direct recruitment on batch wise basis on a regular basis or by recruitment on contract basis, as the case may be, at Department level from amongst the candidates possessing the requisite educational qualification prescribed for direct recruitment against Column No. 7 (a) above and are registered with the HP Nurses Registration Council of the State on the basis of seniority of the batch:

 

Provided that for the purpose of appointments the year-wise combined seniority list shall be prepared wherein the candidate senior in batch in a particular? ?recruitment? ?year? ?shall? ?be reckoned senior to the candidate who has obtained the requisite educational qualification and registered with the HP Nurses Registration Council of the State in subsequent batch.

Provided further that where in a recruitment year more than one candidate of the same batch are eligible to be considered for appointment then their inter-se-seniority will be determined with reference to their date of appointment in that recruitment year or the merit, if any, prepared at the time of making selection for recruitment on batch basis, as the case may be.

(3)     10% by promotion, failing which by direct recruitment on batch wise basis @ 5% each on a regular basis or by recruitment on contract basis, as the case may be.

11. In case of recruitment by promotion/ secondment / transfer, grade for which promotion/ secondment / transfer is to be made:

By promotion from amongst the Female Health Workers subject to possessing of educational qualification as prescribed for direct recruitment against Column No. 7 ?(a) (i) with five years regular service or regular combined with continuous adhoc service rendered, if any, in the grade.

Provided that for filling up the posts of Staff Nurse the following 20 points post based roster shall be followed:-

 

 

Note: As and when the representation by both the categories is achieved as per given percentage, the vacancy shall be filled up from the category which vacates the post.

 

(I)      Provided that for the purpose of promotion every employee shall have to serve atleast one term in the Tribal/Difficult / Hard areas and remote /rural areas subject to adequate number of post(s) available in such areas:

 

Provided further that proviso (I) supra shall not be applicable in the case of those employees who have five years or less service, left for superannuation, except posting/ transfer in remote/rural area. However, this condition of five years shall not be applicable in cases of promotion.

 

Provided further that Officers/Officials who have not served atleast one tenure in Tribal/Difficult/Hard areas and remote/rural areas shall be transferred to such area strictly in accordance with his/her seniority in the respective cadre.

 

Explanation I :- For the purpose of proviso (I) supra the ?term? in Tribal/Difficult/Hard areas/remote/rural areas shall mean normally three years or less period of posting in such areas keeping in view the administrative exigencies/ convenience.

Explanation II:- For the purpose of proviso (I) supra the Tribal/Difficult Areas shall be as under:-

1.        District Lahaul & Spiti.

2.        Pangi and Bharmour Sub Division of Chamba District.

3.        Dodra Kawar Area of Rohru Sub-Division.

4.        Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram Panchyat of Rampur Tehsil of District Shimla.

5.        Pandrah Bis Pargana of Kullu District.

6.        Bara Bhangal Areas of Baijnath Sub Division of Kangra District.

7.        District Kinnaur.

8.        Kathwar and Korga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai Tehsil, in Sirmour District.

9.        Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada-Gussaini, Mathyani, Ghanyar, Thachi, Baggi, Somgad and Kholanal of Bali- Chowki Sub Tehsil, Jharwar, Kutgarh, Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrehar and Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach- Bagra, North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar Circle of Sunder Nagar Tehsil in Mandi District.

Explanation III: For the purpose of proviso (I) supra the Remote/ Rural Areas shall be as under:

1.        All stations beyond the radius of 20 Kms. from Sub Division/Tehsil headquarter.

2.        All stations beyond the radius of 15 Kms. from State Headquarter and District head quarters where bus service is not available and on foot journey is more than 3 (three) Kms.

3.        Home town or area adjoining to area of home town within the radius of 20 Kms. of the employee regardless of its category.

(II)     In all cases of promotion, the continuous adhoc service rendered in the feeder post if any, prior to regular appointment to the post shall be taken into account towards the length of service as prescribed in these rules for promotion subject to the condition that the adhoc appointment/promotion in the feeder category had been made after following proper acceptable process of selection in accordance with the provisions of R & P Rules:

Provided that in all cases where a junior person becomes eligible for consideration by virtue of his total length of service (including the service rendered on adhoc basis followed by regular service/appointment) in the feeder post in view of the provisions referred to above, all persons senior to him/her in the respective category/post/cadre shall be deemed to be eligible for consideration and placed above the junior person in the field of consideration:

Provided that all incumbents to be considered for promotion shall possess the minimum qualifying service of at least three years or that prescribed in the Recruitment & Promotion Rules for the post, whichever is less:

Provided further that where a person becomes ineligible to be considered for promotion on account of the requirements of the preceding proviso, the person(s) junior to him shall also be deemed to be ineligible for consideration for such promotion.

Explanation:- The last proviso shall not render the junior incumbents ineligible for consideration for promotion if the senior ineligible persons happened to be ex-servicemen who have joined Armed Forces during the period of emergency and recruited under Rule-3 of Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non-Technical Services) Rules, 1972 and having been given the benefit of seniority thereunder or recruited under the provisions of Rule-3 of the Ex-Servicemen (Reservation of vacancies in the Himachal Pradesh Technical Service) Rules, 1985 and having been given the benefit of seniority thereunder.

 

(III)   Similarly, in all cases of confirmation, continuous adhoc service rendered in the feeder post, if any, prior to the regular appointment against such posts shall be taken into account towards the length of service, if the adhoc appointment/promotion had been made after proper selection and in accordance with the provision of the Recruitment & Promotion Rules :

Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc service rendered shall remain unchanged.

 

 

15. Selection for appointment to the post by direct recruitment:

 

(a)      Direct recruitment through the concerned recruiting agency:-

Selection for appointment to the post in case of direct recruitment shall be made on the basis of merit of written examination followed by evaluation as specified in Appendix-I appended to these rules, or if the Himachal Pradesh Service Commission or other recruiting agency/authority, as the case may be, so considers necessary or expedient on the basis of merit of written examination followed by evaluation as specified in Appendix-I appended to these Rules, preceded by a screening test (objective type) or practical test or skill test or physical test, the standard/syllabus, etc. of which, will be determined by the Himachal Pradesh Public Service Commission / other recruiting agency/authority as the case may be.

 

(b)      Direct recruitment on batch-wise basis at the Department level:-

Selection for appointment to the post in case of direct recruitment on batch-wise basis shall be made on the basis of batch- wise merit/inter-se-seniority of the candidates of a particular batch which has passed out from the University/Institution duly recognized by the State/Central Government followed by evaluation as specified in Appendix-I appended to these rules.

 

Explanation:- The date recorded on the original ?Detail of Marks Certificate? of final professional examination of the candidate by the concerned University/Institution shall be deemed as the date for reckoning the batch of the candidate. The batch-wise merit of a particular batch shall be determined on the basis of marks obtained in the degree in BSc Nursing/Diploma course in GNM (A Grade Nurse). While preparing batch-wise inter-se-seniority, the candidates possessing professional degree shall be placed enbloc above the diploma holders. In case, the marks obtained in degree/diploma by two or more candidates are same, the inter-se-merit shall be decided on the basis of marks obtained in 10+2 level and if there is still a tie, the candidates senior in age would be placed above.

15-A Selection for appointment to the post by contract appointment :-

 

Notwithstanding anything contained in these Rules, contract appointment(s) to the post will be made subject to the terms and conditions given below:-

(I)      CONCEPT:

(a)      Under this policy the Staff Nurse in Health & Family Welfare Department , Himachal Pradesh, will be engaged on contract basis initially for one year; which may be extendable on year to year basis: Provided that for further extension/renewal of contract period on year to year basis the concerned HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory during the year and only then the period of contract is to be renewed /extended.

(b)      POST FALLS WITHIN THE PURVIEW OF HPSSC:-

The Director, Health & Family Welfare, Himachal Pradesh after obtaining the approval of the Government to fill up the vacant post(s) on contract basis will place the requisition with the concerned recruiting agency i.e. Himachal Pradesh Staff Selection Commission, Hamirpur.

(c)      POST FALLS OUTSIDE THE PURVIEW OF HPSSC:-

 

The Director Health & Family Welfare, H.P after obtaining the approval of the Government to fill up the vacant posts on batch-wise basis on contract basis and applying the reservation roster, will advertise the details of the vacant post(s) to the employment exchanges and also in atleast two leading newspapers, invite applications from candidates having the prescribed qualifications & fulfilling the other eligibility conditions as prescribed in these rules.

(d)      The selection will be made in accordance with the eligibility conditions prescribed in these Rules.

(II)     CONTRACTUAL? EMOLUMENTS:

The Staff Nurse appointed on contract basis will be paid consolidated fixed amount @ 13,500 P.M. (which shall be equal to minimum of the pay Band+ Grade Pay). An amount of Rs. 405/- (3% of the minimum of pay band plus grade pay of the post) as annual increase in contractual emoluments for the subsequent year(s) will be allowed if contract is extended beyond one year.

 

(III)   SELECTION PROCESS:

 

(a)      For post(s) falling within the purview of HPSSC:

Selection for appointment to the post in the case of contract appointment shall be made on the basis of merit of written examination followed by evaluation as specified in Appendix-I appended to these rules, or if considered necessary or expedient on the basis of merit of written examination followed by evaluation as specified in Appendix-I appended to these rules, preceded by a screening test (Objective type) or practical test or skill test or physical test, the standard/syllabus, etc, of which, will be determined by the concerned recruiting agency i.e. Himachal Pradesh Staff Selection Commission, Hamirpur.

 

(b)      For Post(s) falling out of the purview of HPSSC:

Selection for appointment to the post in the case of contract appointment on batch-wise basis will be made by the concerned recruiting authority i.e. Director Health & Family Welfare H.P on the basis of batch-wise merit/inter-se-seniority of the candidates of a particular batch which has passed out from recognized University/Institution duly recognized by the State/Central Government. The date recorded?????? on the original ?Detail Marks Certificate? of final professional examination of the candidate by the concerned University/Institution shall be deemed as the date for reckoning the batch of the candidate. The batch-wise merit of a particular batch shall be determined on the basis of marks obtained in the degree in BSc Nursing/diploma course in GNM (A Grade Nurse). While preparing batch-wise inter-se-seniority, the candidates possessing professional degree shall be placed enbloc above the diploma holders. In case, the marks obtained in degree/diploma by two or more candidates are same, the inter-se-merit would be decided on the basis of marks obtained in 10+2 level and if there is still a tie, the candidates senior in age would be placed above.

 

(IV)   COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS:

 

(a)      For posts falling within the purview of HPSSC:-

As may be constituted by the concerned recruiting agency i.e. Himachal Pradesh Staff Selection commission, Hamirpur, from time to time.

(b)      For posts falling outside the purview of HPSSC:-

As may be constituted by the recruiting authority from time to time.

(V)     AGREEMENT:

After selection of a candidate, he/she shall sign an agreement as per Appendix-II appended to these Rules.

(VI)   TERMS AND CONDITIONS:

 

(a)      The contractual appointee will be paid consolidated fixed contractual amount @ Rs.13,500/- P.M. (which shall be equal to minimum of the pay band+ grade pay). The contract appointee will be entitled for increase in contractual amount @ Rs. 405/- (3% of minimum of pay band plus grade pay of the post) for further extended years and no other allied benefits such as senior/selection scales etc. will be given.

(b)      The service of contract appointee will be purely on temporary basis. The appointment is liable to be terminated in case the performance /conduct of the contract appointee is not found satisfactory.

 

(c)      The contract appointee will be entitled for one-day`s casual leave after putting one month service, 10 days medical leave and 5 days special leave, in a calendar year. A female contract appointee with less than two surviving children may be granted maternity leave for 180 days. A female contract appointee shall also be entitled for maternity leave not exceeding 45 days (irrespective of the number of surviving children) during the entire service, in case of miscarriage including abortion, on production of medical certificate issued by the authorized Government Medical Officer. A contract employee shall not be entitled for Medical Re-imbursement and LTC etc. No leave of any other kind except above is admissible to the contract appointee.

Un-availed Casual Leave, Medical Leave and Special Leave can be accumulated upto the Calendar Year and will not be carried forward for the next Calendar Year.

(d)      Unauthorized absence from the duty without the approval of the controlling officer shall automatically lead to the termination of the contract. However, in exceptional cases where the circumstances for un-authorized absence from duty were beyond his/her control on medical grounds, such period shall not be excluded while considering his/her case for regularization but the incumbent shall have to intimate the controlling authority in this regard well in time. However, the contract appointee shall not be entitled for contractual amount for this period of absence from duty.

 

Provided that he/she shall submit the certificate of illness/fitness issued by the Medical Officer, as per prevailing instructions of the Government.

 

(e)      An official appointed on contract basis, who has completed three years tenure at one place of posting will be eligible for transfer on need based basis wherever required on administrative grounds.

 

(f)       Selected candidate will have to submit a certificate of his/her fitness from a Government /Registered Medical Practitioner. Women candidate pregnant beyond 12 weeks will stand temporarily unfit till the confinement is over. The women candidate shall be re-examined for fitness from an authorized Medical Officer/Practitioner.

 

(g)      Contract appointee will be entitled to TA/DA if required to go on tour in connection with his/her official duties at the same rate as applicable to regular counter part official at the minimum of pay scale.

 

(h)     Provisions of service Rules like FR SR, Leave Rules, GPF Rules, Pension Rules & Conduct Rules etc. as are applicable in case of regular employees will not be applicable in case of contract appointees. The Employees Group Insurance Scheme as well as EPF/GPF will also not be applicable to contract appointee(s).

16	Reservation:	The appointment to the service shall be subject to orders regarding reservation in the service for Scheduled Castes/Scheduled Tribes /Other Backward Classes/ other categories of persons issued by the Himachal Pradesh Government from time to time
17	Departmental Examination:	Not applicable
18	Power to Relax:	Where the State Govt. is of the opinion that, it is necessary or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with the recruiting authority relax any of the provision(s) of these rules with the respect to any class or category of person(s) or post(s)

 

APPENDIX-I

Appendix-II

Form of contract/agreement to be executed between the???????????????????? (Name of the post) and the Government of Himachal Pradesh through Director, Health & Family Welfare Department.

This agreement is made on this??????????????????????????????? day of?????????????????????????? in the

year??????????????????????????????????? Between?????? Sh./Smt.??? ?????????????????????????????? S/o??? /D/o

Shri????????????????????????????????????????????? R/o Contract appointee (hereinafter called the FIRST PARTY), AND The Governor of Himachal Pradesh through Director, Health & Family Welfare Department. ???????????????????????????????? (here-in-after referred to as the SECOND PARY).

Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY as agreed to serve as a Staff Nurse on contract basis on the following terms & conditions:-

1.        That the FIRST PARTY shall remain in the service of the SECOND PARTY as a Staff Nurse on contract basis???????? for a period of one year commencing on day of ? and ?ending ?on ?the ?day ?of??????? .? It is specifically mentioned and agreed upon by both the parties that the contract of the FIRST PARTY with SECOND PARTY shall ipso-facto stand terminated on the last working day i.e. on??? and information notice shall not be necessary:

Provided that for further extension/renewal of contract period the HOD shall issue a certificate that the service and conduct of the contract appointee was satisfactory during the year and only then the period of contract is to be renewed/extended.

2.        The contractual amount of the FIRST PARTY will be Rs13,500/- per month.

3.        The service of FIRST PARTY will be purely on temporary basis. The appointment is liable to be terminated in case the performance/conduct of the contract appointee is not found satisfactory.

4.        Contractual Staff Nurse will be entitled for one day`s casual leave after putting One month`s service, 10 days medical leave and 5 days special leave, in a calendar year. A female contract appointee with less than two surviving children may be granted maternity leave for 180 days. A female contract appointee shall also be entitled for maternity leave not exceeding 45 days (irrespective of the number of surviving children) during the entire service, in case of miscarriage including abortion, on production of medical certificate issued by the authorized Government Medical Officer. A contract employee shall not be entitled for medical re-imbursement and LTC etc. No leave of any other kind except above is admissible to the contract appointee:

Un-availed casual leave, medical leave and special leave can be accumulated upto the calendar year and will not be carried forward for the next calendar year.

5.        Unauthorized absence from the duty without the approval of the Controlling Officer shall automatically lead to the termination of the contract. However, in exceptional cases where the circumstances for un-authorized absence from duty were beyond his/her control on medical grounds, such period shall not be excluded while considering his/her case for regularization but the incumbent shall have to intimate the controlling authority in this regard well in time. However, the contract appointee shall not be entitled for contractual amount for this period of absence from duty:

Provided that he/she shall submit the certificate of illness/fitness issued by the Medical Officer, as per prevailing instructions of the Government.

6.        An official appointed on contract basis who has completed three years tenure at one place of posting will be eligible for transfer on need based basis wherever required on administrative grounds.

7.        Selected candidate will have to submit a certificate of his/her fitness from a Government/Registered Medical Practitioner. In case of women candidates pregnant beyond twelve weeks will render her temporarily unfit till the confinement is over. The women candidate should be re-examined for fitness from an authorized Medical Officer/Practitioner.

8.        Contract appointee shall be entitled to TA/DA if required to go on tour in connection with his/her official duties at the same rate as applicable to regular counter-part official at the minimum of pay scale.

 

9.        The Employees Group Insurance Scheme as well as EPF/GPF will not be applicable to contractual appointee(s).

IN WITNESS the FIRST PARTY AND SECOND PARTY have herein to set their hands the day, month and year first, above written.

IN THE PRESENCE OF WITNESS:

1.?????? ????????

(Name and Full Address)

(Signature of the FIRST PARTY)

2.?????? ????????

(Name and Full Address)

(Signature of the SECOND PARTY)

Date???????.

Place???????