Himachal Pradesh Technical Education, Vocational & Industrial Training Department, Laboratory Technician (Engineering College), Class-III (Non-Gazetted) Recruitment And Promotion (First Amendment) Rules, 2023

[19th May 2023]

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 rules further to amend the Himachal Pradesh Technical Education, Vocational & Industrial Training Department, Laboratory Technician (Engineering College), Class-III (Non-Gazetted),Recruitment and Promotion Rules, 2021, notified vide this Department notification No. EDN(TE)A(3)10/2016 dated 11-02-2021 and published in Rajpatra (e-Gazette), Himachal Pradesh on 17-02-2021, namely:-

Rule - 1. Short title and commencement

(1)     These Rules may be called the Himachal Pradesh Technical Education, Vocational & Industrial Training Department, Laboratory Technician (Engineering College), Class-III (Non-Gazetted) Recruitment and Promotion (First amendment) Rules, 2023.

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

Rule - 2. Amendment of Annexure "A"

In Annexure "A" attached to the Himachal Pradesh, Technical Education, Vocational & Industrial Training Department, Laboratory Technician (Engineering College), Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2021-

For the existing provisions against Column No. 2, the following shall be substituted, namely:-

(a)      "Laboratory Technician (Engineering)=35

Laboratory Technician (Applied Sciences & Humanities)=05"

(b)      For the existing provision against Column No. 4, the following shall be substituted, namely:-

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

Level-6 of the pay matrix attached with time scale of the post, as per H.P. Civil Services (Revised Pay) Rules, 2022.

(ii)      Emoluments for Contract employee(s):

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".

(c)      For the existing provisions against Column No.7(a), the following shall be substituted, namely: -

"(a) Essential Qualification(s):-

(i)       For the post of Laboratory Technician (Engineering) : Regular/full time three years Diploma in Mechanical Engineering/ Civil Engineering/Textile Engineering/Electrical Engineering/Electronics & Communication Engineering/Computer Science Engineering from a recognized University or an Institution affiliated to a recognized University or from a deemed University.

OR

National Trade Certificate in the concerned trade from a recognized Institution with 03 years experience as Laboratory Technician in Laboratory of Government/Semi Government Institutions after acquiring the qualification.

OR

(ii)      For the post of Laboratory Technician (Applied Sciences & Humanities) : Bachelors Degree in Science (with Physics, Chemistry and Mathematics) from a recognized University:

Provided that the 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."

(d)      For the existing provisions against Column No. 10, the following shall be substituted, namely: -

(i)       "75% posts by direct recruitment on regular basis or recruitment on contract basis, as the case may be.

(ii)      25% by promotion, failing which by direct recruitment."

(e)      For the existing provisions against Column No. 11, the following shall be substituted, namely:-

"By promotion from amongst the Laboratory Attendants, Store Attendants, Peons, Chowkidars & Mali(s) of Class-IV employees who possess the essential educational qualification as prescribed for direct recruitment against Column No. 7 (a) above with 05 (five) years regular or regular combined with continued adhoc service, if any, in the grade:

Provided that for filling up the posts of Laboratory Technician (Engineering/Applied Sciences & Humanities) the following four points post based roster shall be followed:-

(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 the proviso (I) supra shall not be applicable in the case of those employees who have five years or less service, left for superannuation. However, such incumbents may be posted / transferred to remote / rural areas in their promotion:

Provided further that Officer / Official who has 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 PanchyatKashapat, Gram Panchyats 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 Sirmaur 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:

(i)       All stations beyond the radius of 20 Kms. from Sub Division / Tehsil headquarter.

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

(iii)     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 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 the provisions of Rule-3 of Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State NonTechnical 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.

(i)       Similarly, in all cases of confirmation, continuous adhoc service rendered on 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."

(f)       For the existing provision against Column No. 15, the following shall be substituted, namely:-

"Selection for appointment to the post in the 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. of which, will be determined by the Himachal Pradesh Staff Selection Commission, Hamirpur/ other recruiting agency/ authority, as the case may be."

(g)      For the existing provisions against Column No. 15-A (II), the following shall be substituted, namely: -

"The Laboratory Technician (Engineering College) appointed on contract basis will be paid consolidated fixed amount @ Rs. 15360/- P.M. (which shall be 60% of the first cell of the applicable level of pay matrix of the corresponding cadre)".

(h)     For the existing provision against Column No. 15-A (IV), the following shall be substituted, namely:-

"Selection for appointment to the post in the case of contact 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. of which, will be determined by the Himachal Pradesh Staff Selection Commission, Hamirpur/ other recruiting agency/ authority, as the case may be."

(i)       For the existing provisions against Column No. 15-A (VII)(a), the following shall be substituted, namely:-

(a)      "The Laboratory Technician (Engineering College) will be paid consolidated fixed contractual amount @ Rs 15360/- per month (which shall be equal to 60% of the first cell of the applicable level of pay matrix of the corresponding cadre)."

Rule - 3. Deletion of Appendix-I

Appendix-I attached with the rules is hereby omitted/deleted.

Rule - 4. Amendment of Annexure "B"

For the Annexure-"B" appended with the Himachal Pradesh Technical Education, Vocational & Industrial Training Department, Laboratory Technician, Class-III (Non Gazetted) Recruitment and Promotion Rules, 2021, the following shall be substituted, namely:-

ANNEXURE -"B"

"Form of contract/ agreement to be executed between the Laboratory Technician & the Government of Himachal Pradesh through ...............

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, Himachal Pradesh through Director, Technical Education, Vocational & Industrial Training Department, Himachal Pradesh (here-in-after called the SECOND PARTY).

Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY has agreed to serve as Laboratory Technician on contract basis on the following terms and conditions: -

(1)     That the FIRST PARTY shall remain in the service of the SECOND PARTY as Laboratory Technician 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 ipsofacto 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 Rs. 15360/- 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 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)     The contract appointee will be entitled for one-days 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 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)     That 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 ground.

(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)     The Contractual Laboratory Technician shall be entitled to TA/DA if required to go on tour in connection with his 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, EPF/GPF will not be applicable to the 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)

(2)     .............................................

.............................................

.............................................

(Name and full address) (Signature of the FIRST PARTY)

IN THE PRESENCE OF WITNESS:

(1)     .............................................

.............................................

.............................................

(Name and full address)

(2)     .............................................

.............................................

.............................................

(Name and full address) (Signature of the SECOND PARTY)"