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Himachal Pradesh Elementary Education Department, Special Educator(For Classvi To Class-Xii), Group-C (Nongazetted), Recruitment And Promotion Rules, 2024

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Himachal Pradesh Elementary Education Department, Special Educator(For Class vi To Class-XII), Group-C (Nongazetted), Recruitment And Promotion Rules, 2024

[10th October 2024]

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 Special Educator (For Class-VI to Class-XII), Group-C (Non-Gazetted) in the Department of Elementary Education, Himachal Pradesh, as per Annexure-'A' appended to this notification, namely:-

Rule 1. Short title and Commencement.

(1)     These rules may be called the Himachal Pradesh Elementary Education Department, Special Educator (For Class VI to Class-XII), Group-C (Non Gazetted), Recruitment and Promotion Rules, 2024.

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

Annexure-"A"

RECRUITMENT AND PROMOTION RULES FOR THE POST OF SPECIAL EDUATOR (FOR CLASS-VI TO CLASS-XII), GROUP-C (NON-GAZATTED) IN THE DEPARTMENT OF ELEMENTARY EDUCATION, HIMACHAL PRADESH

1.

Name of post:

Special Educator ( For Class-VI to Class-XII)

2.

Number of Post(s):

107 (One hundred seven)

3.

Classification:

Group-C

4.

Scale of Pay (Be given in expanded notation):

(i) Pay Band for regular incumbent(s):

“Level 10 of pay matrix attached with time scale of the post, as per H.P. Civil Services(Revised Pay) Rules, 2022”.

“Level 10 of pay matrix attached with time scale of the post, as per H.P. Civil Services(Revised Pay) Rules, 2022”.

“60% of the first cell of the applicable level of pay matrix of the corresponding cadre, as per H.P. Civil Services(Revised Pay) Rules, 2022”.

5.

Whether selection post or Non selection post:

Non-Selection

6.

Age for direct recruitment:

Between 18 to 45 years:

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

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

Provided further that the upper age limit is relaxable for Scheduled Castes /Scheduled Tribe/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 Servants 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 Corporations/ Autonomous Bodies who were / are subsequently appointed by such Corporations/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.

7.

Educational Qualifications:

(a) ESSENTIAL QUALIFICATION:—

(i) Graduation in any stream from a recognized University with atleast 50% marks.

(ii) Bachelor of Education Degree (Special Education) from a Rehabilitation Council of India (RCI) approved institution possess a valid RCI & CRR number.

OR

B.Ed. with a recognized qualification (Certificate/Diploma) from a Rehabilitation Council of India (RCI) approved institution possess a valid RCI & CRR number.

(iii) Six-month training of teaching in cross disability area in inclusive education(**).

AND

(iv) Pass in Teacher Eligibility Test (TET) duly conducted by H.P. Board of School Education Dharamshala, District Kangra or any other Agency authorized by the Government.

(**) If the proposed programme(cross disability/top up courses being developed by RCI as on in service training is not available same may be dropped from the qualification with a condition that those recruited with D.Ed./B.ED. Special Education have to compulsory undergo aforesaid training as soon as same is conducted.

Note.—A candidate must have passed Matriculation and 10+2 from any School/Institution situated within Himachal Pradesh:

Provided this condition shall not apply to Bonafide Himachalis.

(b) DESIRABLE QUALIFICATION(s):—

Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.

8.

Whether age and Educational qualification prescribed for direct recruits will apply in the case of promotees:

Age: Not Applicable

Educational qualification(s): Not Applicable

9.

Period of probation, if any:

1. Direct Recruitment:—

(a) Two years subject to such further extension for a period not exceeding one year as may be ordered by the competent authority in special circumstances and reasons to be recorded in writing.

(b) No probation in case of appointment on contract basis.

2. Promotion:—Not Applicable

10.

Method(s) of recruitment whether by direct recruitment or by promotion/ secondment/ transfer and percentage of posts to be filled in by various methods:

100% by direct recruitment, on regular basis or by recruitment on contract basis, as the case may be.

11.

In case of recruitment by promotion/ Secondment/ transfer, grade(s) from which promotion/ Secondment/ transfer is to be made:

Not Applicable

12.

If a Departmental Promotion committee exists. What is its Composition:

(i) Departmental Promotion Committee:—

Not Applicable

(ii) Departmental Confirmation Committee:—

As may be constituted by Government from time to time.

13.

Circumstances under which the Himachal Pradesh Public Service Commission (H.P.P.S.C) is to be consulted in making recruitment:

As required under the law

14.

Essential requirement for a direct recruitment :

A candidate for appointment to any service or post must be a citizen of India.

15.

Selection for appointment to the post by direct recruitment:

Selection for appointment to the post in case of direct recruitment shall be made on the basis of merit of written examination and/ or practical test or skill test or physical test, the standard/syllabus etc. will be determined by the Himachal Pradesh Public Service Commission/Himachal Pradesh Rajya Chayan Aayog/ other recruiting agency/ authority, as the case may be.

15 - A.

Selection for appointment to the post by contract recruitment:

Notwithstanding anything contained in these rules, contract appointment to the post will be made subject to the terms and conditions given below:—

(I) CONCEPT:—

(a) Under this policy, the Special Educator(For Class-VI to Class-XII) in the Department of Elementary Education 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 his/her period of contract is to be renewed/extended.

(b) POST FALLS WITHIN THE PURVIEW OF HIMACHAL PRADESH RAJYA CHAYAN AAYOG (HPRCA)/OTHER RECRUITING AGENCY:—

The Director, Elementary Education, H.P. after obtaining the approval of the Government to fill up the vacant posts on contract basis will place the requisition with the concerned recruiting agency i.e. Himachal Pradesh Rajya Chayan Aayog/ other recruiting Agency/authority, as the case may be.

(c) The selection will be made in accordance with the eligibility condition prescribed in these rules

(II) CONTRACTUAL EMOLUMENTS:-

The Special Educator(For Class-VI to Class-XII) appointed on contract basis will be paid consolidated fixed contractual amount @ 22,860/-PM(which shall be 60% of the first cell of the applicable level of the pay Matrix of the corresponding cadre).

(III) APPOINING/DISCIPILANARY AUTHORITY:—

The Director, Elementary Education, Himachal Pradesh will be appointing and disciplinary authority.

(IV) SELECTION PROCESS:—

(a) FOR POST(S) FALLING WITHIN THE PURVIEW OF HPRCA/OTHER RECRUITING AGENCY:

Selection for appointment to the post in the case of Contract Appointment shall be made on the basis of merit of written examination and/ or practical test or skill test or physical test, the standard/syllabus etc. will be determined by the Himachal Pradesh Public Service Commission/Himachal Pradesh Rajya Chayan Aayog/ other recruiting agency/authority, as the case may be.

(V) COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINMENTS:—

(a) FOR POST(S) FALLING WITHIN THE PURVIEW OF HPRCA/OTHER RECRUITING AGENCY:—

As may be constituted by the concerned recruiting agency i.e. Himachal Pradesh Rajya Chayan Aayog/ other recruiting agency, from time to time.

(VI) AGREEMENT:—

After selection of a candidate, he/she shall sign an agreement as per Annexure-“B” appended to these rules.

(VII) TERMS AND CONDITIONS:—

(a) The Special Educator(For Class-VI to ClassXII) will be paid consolidated fixed contractual amount @ Rs. 22,860/- PM (which shall be 60%  of the first cell of the applicable level of the pay Matrix of the corresponding cadre).

(b) The service of the 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. In case the contract appointee is not satisfied with the termination orders issued by the Appointing Authority, he/she may prefer an appeal before the Appellate Authority who shall be higher in rank to the Appointing Authority, within a period of 45 days, from the date on which a copy of termination orders is delivered to him/her.

(c) Contract appointee will be entitled for one day casual leave after putting one month’s service, 10 day’s 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, contract appointee shall not be entitled for contractual amount for the 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 issued by a Medical Board in the case of a Gazetted Government servant and by Government Medical Officer in the case of a Non-Gazetted Government servant. In case of women candidates who are to be appointed against posts carrying hazardous nature of duties, and in case they have to complete a period of training as a condition of service, such woman candidate, who as a result of tests is found to be pregnant of ‘twelve weeks’ standing or more shall be declared temporarily unfit and her appointment shall be held in abeyance until the confinement is over. Such woman candidate be re-examined for medical fitness six weeks after the date of confinement, and if she is found fit on production of medical fitness certificate from the authority as specified above, she may be appointed to the post kept reserved for her.

(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 counterpart official at the minimum of pay scale.

(h) Provisions of service rules like FR-SR, Leave Rules, GPF Rules, Pension Rules and 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 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 and in consultation with the Himachal Pradesh Public Service Commission relax any of the provision(s) of these Rules with respect to any class or category of person(s) or post(s).

Annexure-B

Form of contract/ agreement to be executed between the Special Educator( for Class-VI to Class-XII)(Name of the post) and the Government of Himachal Pradesh through Director of Elementary Education. (Designation of the Appointing Authority).

This agreement is made on this _______________ day of ____________ in the year____________ between Sh./Smt.___________________ s/o Shri ______________, r/o ___________________________________________Contract appointee (hereinafter called the FRIST PARTY), AND The Governor of Himachal Pradesh through Director of Elementary Education (Designation of the Appointing Authority)/Head of the Institution i.e Principal/Headmaster ( hereinafter the SECOND PARTY). Whereas , the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY has agreed to serve as a Trained Graduate Teacher (Name of the post) on contract basis on the following terms & conditions:-

(1)     That the FIRST PARTY shall remain in the service of the SECOND PARTY as a Special Educator(for Class-VI to Class-XII) ( Name of the post) for a period of 1 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 extension/renewal of contract period on year to year basis the Head of the Institution shall issue a certificate that the service and conduct of the contract appointee was satisfactory during the year and only then his/her period of contract is to be renewed/extended.

(2)     The contractual amount of the FIRST PARTY will be Rs. 22,860/- per month (which shall be 60% of the first cell of the applicable level of pay matrix of the corresponding cadre).

(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. In case the contract appointee is not satisfied with the termination orders issued by the Appointing Authority, he/she may prefer an appeal before the appellate Authority who shall be higher in rank to the Appointing Authority, within a period of 45 days, from the date on which a copy of termination orders is delivered to him/her.

(4)     Contract appointee will be entitled for one day casual leave after putting one months 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 day (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. Provided that he/she shall submit the certificate of illness/fitness issued by the Medical Officer, as per prevailing instructions of the Government. However, contract appointee shall not be entitled for contractual amount for the period of absence from duty.

(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 basis wherever required on administrative grounds.

(7)     Selected candidate will have to submit a certificate of his/her fitness issued by a Medical Board in the case of a Gazetted Government servant and by Government Medical Officer in the case of a Non-Gazetted Government servant. In case of women candidates who are to be appointed against posts carrying hazardous nature of duties, and in case they have to complete a period of training as a condition of service, such woman candidate, who as a result of tests is found to be pregnant of twelve weeks standing or more shall be declared temporarily unfit and her appointment shall be held in abeyance until the confinement is over. Such woman candidate be re-examined for medical fitness six weeks after the date of confinement, and if she is found fit on production of medical fitness certificate from the authority as specified above, she may be appointed to the post kept reserved for her.

(8)     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.

(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)

IN THE PRESENCE OF WITNESS:

(1)     __________________________

__________________________

(Name and full Address)

(Signature of the Second PARTY)

(2)     __________________________

_________________________

(Name and full Address)

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