JAMMU AND KASHMIR ADMINISTRATIVE SERVICE RULES, 2008

PREAMBLE

In exercise of the powers conferred by the proviso to section 124 of the constitution of Jammu and Kashmir, the Governor is pleased to make the following rules, namely.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Jammu and Kashmir Administrative Service Rules, 2008.

(2)     These shall come into force from the date these are published in the Government Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires-

(a)      'Cadre officer' means a member of the service;

(b)      'Cadre Post' means the posts borne on the service;

(c)      'Commission' means the Jammu and Kashmir Public Service Commission;

(d)      'Feeding Services' means the departmental feeding services specified in clause (b) of rule 6 of these rules;

(e)      'Member of the Service' means an officer appointed to the service in terms of these rules;

(f)       'Government' means the Government of Jammu and Kashmir;

(g)      'Service' means the Jammu and Kashmir Administrative Service as constituted under these rules;

(h)     'Schedule' means the schedule appended to these rules;

(i)       Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.

Rule - 3. Strength of Cadre.

(1)     The strength and composition of the senior cadre posts of the service, on the commencement of these rules, shall be as specified in Schedule (I).

(2)     The junior scale of the service shall, on the date of commencement of these rules, comprise of all direct recruitment posts of the departmental services specified in clause (b) of rule 6 of these rules as detailed in Schedule (II).

Provided that such direct recruitment posts which are held by persons appointed to the service prior to the commencement of these rules shall continue to be the part of the respective departmental services till such posts are vacated by the incumbents as a result of their appointment to the time scale of the service or due to retirement, death, resignation or otherwise.

Provided further that the posts so added to the junior scale of the service shall be notified by the Government on 1st of January each year.

Provided also that nothing in this rule shall be deemed to affect the power of the Government to alter the strength and composition of the service from time to time.

(3)     Notwithstanding anything contained in the recruitment rule governing the departmental feeding service, the direct recruitment posts of such feeding services, as shall form part of the Jammu and Kashmir Administrative Service at its junior scale, shall stand deleted from their respective services from the date these are added to the cadre strength of the service in the manner as specified in sub-rule (2) above.

Rule - 4. Constitution of the service.

The service shall comprise the persons recruited from time to time in accordance with the provisions of the Jammu and Kashmir Administrative Service Rules, 1979 and holding such posts on substantive basis on the commencement of these rules, and such other persons as may be recruited to the service from time to time in accordance with the provisions of these rules.

Rule - 5. Pay scales of the Service.

(1)     The service shall have the following scales of pay, namely.

(i)       junior scale of Rs. 7500-12000.

(ii)      time scale of Rs. 10000-15200

(iii)     selection grade of Rs. 12000-16500

(iv)    special scale of Rs. 14300-18300

(v)      super time scale of Rs. 18400-22400

(2)     Twenty percent of the total number of senior cadre posts as indicated at (A) of schedule (I) shall be in the special scale out of which ten posts shall be in the super time scale.

(3)     Thirty percent of the total number of the senior cadre posts as indicated at (A) of schedule (I) shall be in the selection grade.

Rule - 6. Method of recruitment to the service.

After the commencement of these rules, the recruitment to the service shall be made in the following manner, namely.

(a)      by a competitive examination to the junior scale posts of the service;

(b)      by promotion to the time scale of the service from amongst the members of the following departmental services holding pay scale of Rs. 7500-12000 or any other higher grade in that service.

(c)      by selection to the time scale of service from amongst the persons of exceptional ability and merit serving in connection with the affairs of the State in departments/services other than those covered under clause (b) carrying pay scale equivalent, to, or higher than, the time scale of Jammu and Kashmir Administrative Service, on the recommendations of the concerned administrative departments.

Provided that only such persons shall be eligible for consideration who have not attained the age of 54 years on 1st January of the year in which the recommendation in this behalf is sought by the General Administration Department.

Rule - 7. Recruitment by competitive examination.

(1)     A competitive examination for recruitment to the junior scale of the service shall be held at such intervals as the Government may, in consultation with the Commission, from time to time, determine.

(2)     The examination shall be conducted by the Commission in accordance with the rules and the procedure prescribed by the Government in that behalf or which the Government may, from time to time, prescribe in consultation with the Commission.

(3)     While making appointments to the service, the provisions relating to reservation of posts and appointments for Scheduled Castes, Scheduled Tribes and Other Socially and Educationally Backward Classes, for the time being in force in the State, shall be strictly adhered to.

Rule - 8. Promotion of junior scale member to the time scale of the service.

(1)     A junior scale member of the service shall be promoted to the time scale of the service subject to the following conditions; namely.

(a)      he has completed four years of service in junior scale as on 1st January of the year in which promotion is to be made;

(b)      he has passed the departmental examination, if any, prescribed under rules;

(c)      the post in the time scale of the service is available; and

(d)      the Government is satisfied about his being suitable for promotion to the time scale."

Explanation. Subject to the provisions of these rules and availability of posts, the time scale of the service may be allowed to a member of the service appointed by direct recruitment from 1st January of the calendar year in which he becomes eligible for promotion to the said scale.

(2)     A member of the service who is under suspension or against whom any disciplinary/criminal proceedings have been instituted shall not be promoted to a post in the time scale, until he is re-instated and the pending disciplinary/criminal proceedings against him are concluded. Where, after conclusion of such proceedings, he is.

(i)       exonerated fully and the period of suspension, if any, is treated as duty for all purposes, he shall be promoted to the time scale of service from the date on which he would have been so promoted had the disciplinary/criminal proceedings not been instituted against him.

(ii)      not exonerated fully, the Government shall after considering his case on merits, decide if such a member should be promoted to the time scale of the service, from the date on which he would have been so promoted had the disciplinary/criminal proceedings not been instituted against him, or from the prospective date.

Rule - 9. Appointment by promotion.

(1) A member of a feeding service shall be appointed to the time scale of the service by promotion on the recommendations of the selection committee subject to the conditions laid down in rule 8 above.

Rule - 10. Disqualifications for appointment.

No person shall be qualified for appointment to the service unless he is a permanent resident of the Jammu and Kashmir State.

Rule - 11. Number of time scale posts to be filled up from junior scale members and by appointment of members of departmental feeding services and by selection.

(1)     The number of time scale posts to be filled up by promotion from the junior scale, by appointment of members of departmental feeding services and by selection from persons serving in departments/services other than the feeding services shall be in the following manner.

(a)      fifty five percent of the time scale posts shall be filled up by promotion from those recruited to the service directly at its junior scale;

(b)      forty five percent of the time scale posts shall be filled up by appointment by promotion from feeding services in proportion to the strength of the posts in the respective services.

Provided that ten percent of the posts referred to in this clause shall be filled up from the services referred to in clause (c) of rule 6.

(2)     Notwithstanding anything contained in sub-rule (1) above, until the members of the Departmental Services, appointed either by direct recruitment or by promotion up to the date of commencement of these rules, are promoted to the Time scale of the service, the posts shall be filled up in the following manner.

(a)      65% of the vacancies occurring in a calendar year shall be filled up by appointment by promotion from the departmental feeding services referred to in clause (b) of rule 6 in proportion to the strength of the posts in the respective services as it exists on the commencement of these rules and on replacement method basis.

(b)      10% of the vacancies occurring in a calendar year shall be filled up by selection from persons referred to in clause (c) of rule 6; and

(c)      25% of the vacancies occurring in a calendar year shall be filled up by promotion of the Junior scale KAS officers subject to the conditions laid down in rule 8.

Provided that where the number of junior scale KAS officers in any calendar year is less than the number of time scale posts allocable to the said category, the unutilized vacancies at time scale shall be filled up from amongst the members of the departmental feeding services proportionately in that calendar year.

(3)     The Government shall periodically review the position of appointments to the service by promotion from the members of the departmental feeding services referred to in sub-rule (2) above to ensure that direct recruits of the departmental services of an earlier batch and those appointed by promotion to these services upto the date of appointment of such direct recruits shall not become junior to the direct recruits appointed to these services in the subsequent batch or batches.

Provided that leave and training reserves shall be utilized as an exception to achieve the objective underlined in this sub-rule.

Rule - 12. Constitution of selection committee.

(1)     Promotion/selection of the eligible officers to the time scale of the service shall be made on the recommendation of a selection committee consisting of the Chief Secretary and such other members as may be nominated by the Government in this behalf from time to time.

(2)     The Chief Secretary shall preside over all meetings of the Committee.

(3)     The absence of a member, other than the Chief Secretary shall not invalidate the proceedings of the committee if more than half of the members of the committee attend such meeting.

Rule - 13. Zone of consideration.

(1)     The number of vacancies allocated or allocable to a departmental feeding service shall be communicated by the General Administration Department to the respective administrative department with the approval of the Chief Secretary.

(2)     The Secretary of the administrative department concerned shall forward to the General Administration Department the panel of eligible officers in order of their seniority, which shall not be more than twice the number of vacancies available for/allocated to the departmental feeding service, for their placement before selection committee.

(3)     The panel of officers to be forwarded to the General Administration Department shall be accompanied by the following documents.

(i)       firm seniority list of the departmental service;

(ii)      APRs for preceding five years. Where any APR is missing, the Department shall record reasons therefor and furnish APR of the officer for the year preceding the five year period;

(iii)     integrity certificate in respect of each officer in the zone of consideration duly signed by the Administrative Secretary;

(iv)    a certificate that no criminal or departmental proceeding is pending against the officers in the zone of consideration; and

(v)      a certificate that there is no court order restraining the appointments to the service.

Rule - 14. Preparation of list of suitable officers.

(1)     The selection committee shall meet at such intervals in a calendar year as may be necessary and prepare a list of such officers from the members of the services mentioned in clause (b) of rule 6 as are held by it to be suitable for appointment by promotion to the service in the time scale. The number of members of the departmental feeding services to be included in the list shall not exceed the number of slots available/allocated to the said service plus a waiting list of 20% of the said slots.

(2)     The selection committee shall classify the eligible officers as "Outstanding", "Very Good", "Good" or "Unfit" as the case may be, on an overall relative assessment of their service records.

(3)     The select list shall be prepared by the selection committee in order of classification made under sub-rule (2) containing the names of officers starting with those classified as "Outstanding", followed by those classified as "Very Good" and thereafter by those classified as "Good".

Provided that the name of any officer so included in the list, shall be treated as provisional if the concerned administrative department withholds the integrity certificate in respect of such officer or any criminal or departmental proceeding is pending against him or anything adverse against him has come to the notice of the department.

(4)     The selection committee shall adopt the same procedure as laid down in sub-rules (1), (2) and (3) above while considering the suitability of officers, referred to in clause (c) of rule 6 hereinabove, for appointment to the service at its time scale.

(5)     The select list so prepared by the selection committee shall remain valid for a period of one year from the date it is framed by the selection committee.

Rule - 15. Appointment to the service in the time scale.

(1)     The Government shall make appointment to the service in the time scale of persons who are held suitable in terms of rule 14 in the order in which their names appear in the select list for the time being in force.

Provided that the appointment of an officer, whose name has been included in the select list but treated provisional under sub-rule (3) of rule 14, shall be made by the government after his integrity has been certified by the respective administrative department having regard to the fact that the officer has been exonerated from the charges which were pending against him at the time of his selection.

(2)     All appointments shall be made to the service and not against any specific post included in the cadre of service.

(3)     Where select list cannot be prepared for the members of any departmental feeding service in any particular calendar year despite availability of vacancies owing to the procedural delay, such members, when finally included in the select list at any later date, shall be appointed to the service from the date on which the vacancy was allocated to such feeding service.

Provided that.

(i)       cases of persons appointed against the vacancies of 2004, 2005, 2006 and 2007 shall be reviewed in terms of sub-rule (4) above if their appointment has taken place at a subsequent date.

(ii)      persons referred to in sub-rule (4) should otherwise be eligible for appointment to the service under these rules from such retrospective date;

(iii)     time scale of the service shall be released to a member of any departmental service who has officiated on a cadre post, or on an equivalent post on an ex-cadre basis, if he is not appointed to the service owing to his retirement provided that a vacancy was available and that he is held suitable by the selection committee for such appointment.

(iv)    cases pending on the commencement of these rules shall also be dealt with in terms of proviso (iii) above.

Rule - 16. Period of probation.

(1)     Every person appointed to the service under rule 7 of these rules shall be on probation for a period of two years. If it appears to the Government at any time during or at the end of the period of probation that the probationer has not made sufficient use of his opportunities or if he has failed to acquire any special qualification or to pass any test or departmental examination prescribed by the Government in this behalf or if he fails to give satisfaction, he may, without any notice, be discharged from service or reverted to the post on which he was holding a lien, as the case may be.

(2)     Every person appointed to the service under rule 15 of these rules shall be on probation for a period of one year. If it appears to the Government at any time during or at the end of the period of probation that the probationer has not made sufficient use of his opportunities or if he has failed to acquire any special qualification or to pass any test or departmental examination prescribed by the Government in this behalf or if he fails to give satisfaction, he may be reverted to the post/service held by him prior to his appointment to this service.

(3)     The Government may in the case of any probationer extend the period of probation up to a maximum of four years.

(4)     A probationer will be confirmed in the service at the end of his probation if he has completed his period of probation to the satisfaction of the Government and has passed the departmental examination if any prescribed.

Rule - 17. Training and examination.

Persons appointed to the service will be required to undergo such training from time to time during the course of their service and pass during the period of probation such examination as the Government may prescribe.

Provided that the Government may exempt, either wholly or partly, from such training or examination, any person appointed under rule 7 or rule 15 who has passed a departmental examination or undergone a training declared by Government to be equivalent to the prescribed examination or training.

Rule - 18. Seniority.

(1)     The inter-se seniority of persons appointed to the service by direct recruitment in the junior scale shall be as per order of merit assigned to them by the Commission at the time of their selection.

(2)     The inter-se seniority of persons appointed to the service in the time scale by promotion and selection shall be determined on the basis of the order in which the names are arranged in the select list prepared under rule 14 of these rules.

(3)     The inter-se-seniority of those belonging to the same feeding service and who have been classified under rule 14 in the same category shall be determined by reference to their relative seniority in the feeding service.

(4)     The inter-se seniority of those who belong to different feeding services but have been classified in the same category by the selection committee under rule 14 shall be determined by reference to the length of service rendered in the time scale of the feeding service.

Provided that where the length of service rendered in the time scale of the feeding service of two or more persons is same, the inter-se seniority of such persons shall be determined as under.

(a)      in case of direct recruits of the departmental feeding services, as per the merit assigned to them by the commission at the time of their selection; and

(b)      in case of others, those higher in age would rank senior to those who are younger in age.

(5)     Until the members of Departmental Services appointed either by recruitment or by promotion/selection upto the date of commencement of these rules, are promoted to the Time Scale of the Service, the inter-se seniority of the direct recruits on their promotion in the time scale, vis-?-vis those appointed by promotion/selection shall be determined in the manner in which the time scale posts have to be allocated for promotion/selection/direct recruitment as prescribed in the rules. For this purpose, a calendar year shall be taken as a unit for determination of the seniority. In case appointment/promotion does not take place in the time scale in any calendar year from any particular source, persons who were to be appointed/promoted from such source shall have no claim for relating their seniority with those appointed in the time scale in that calendar year by any of the other sources.

Provided that after the junior scale members of the service appointed under these rules become eligible for promotion to the time scale, the inter-se seniority of the members in the time scale of service shall be determined in accordance with rule 24 of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.

Rule - 19. Promotion to the selection grade.

Promotion from time scale members of the service to the selection grade shall be made by selection on the basis of merit and suitability from amongst the members who are in the time scale.

Rule - 20. Promotion to the super time scale and the special scale.

(1)     Promotion of members of the service to the super time scale and the special scale shall be made by selection on the basis of merit, suitability and service record from amongst the members holding the special scale and the selection grade respectively.

(2)     The selection committee shall take into consideration the following factors while considering promotions to the super time scale and the special scale.

(a)      that no criminal case is pending in any court of law nor any proposal is pending wherein launching of prosecution is contemplated against the officer;

(b)      that no departmental enquiry is pending or contemplated against the officer;

(c)      that clearance for such promotion has been obtained from the vigilance organization;

(d)      if the vigilance organization has received any complaint against the officer, the gist and nature of such complaint shall be made available by the Vigilance Commissioner along with his comments to the General Administration Department for placement before the selection committee for taking a view;

(e)      inputs obtained by the General Administration Department from State Government sources other than Vigilance Organization about the service record and integrity of the officer shall be placed before the selection committee for taking a view;

(f)       in case the officer has been acquitted in any criminal case, the selection committee shall examine the grounds of acquittal i.e. whether the acquittal is on technical grounds or on merits of the case. In case the officer has been acquitted on technical grounds, the committee shall make specific recommendations whether the officer deserves to be empanelled for promotion to the special scale/super time scale or not;

(g)      the APRs of five years preceding the year of promotion, complete in all respects i.e. duly initiated, reviewed and accepted shall be placed before the selection committee for perusal and consideration. Where the APRs of any particular year are not available for reasons to be recorded, the APRs immediately preceding the five year period shall be considered for assessment purposes. There should be no un-expunged adverse entry in any of his previous APRs;

(h)     the selection committee shall take into account the work done by the officer as reflected in the self assessment report in the APRs of the officer and critically examine the views of initiating authorities on such self assessment;

(i)       the selection committee shall critically examine the grading assigned to the officer by the Initiating Authority, the Reviewing Authority and the Accepting Authority."

(3)     The General Administration Department shall place the select list before the Cabinet for approval and thereafter operate the same as approved by the Cabinet, against the existing vacancies as well as the vacancies as may become available during the validity period of the select list.

Rule - 21. Posting of Cadre Officers.

(1)     The posting of cadre officers shall be made against the cadre posts or such posts as are reckoned against the deputation reserve.

(2)     A cadre officer may be deputed for service under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the State Government or by another Government.

Provided that no cadre officer shall be deputed to a post other than a post under the Government or a company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government, carrying a prescribed pay which is less than, or a pay scale the maximum of which is less than the basic pay he would have drawn in the cadre post but for his deputation.

(3)     The Government may, for purpose of facilitating leave arrangements, direct that any two cadre posts or a cadre post and an equivalent non-cadre post may be held simultaneously by a cadre officer.

(4)     A cadre post shall not ordinarily be filled by a person who is not a cadre officer except in accordance with the following criteria, namely.

(a)      if a select list is in force, the appointments shall be made in the order in which the names of the officers appear in the select list;

(b)      if a select list is not in force, a junior scale member or a member of the feeding service shall be appointed to officiate against an available vacancy provided he is otherwise eligible to be promoted to the time scale.

(4)     The posting of super time scale officers, special scale officers and selection grade officers shall, as far as practicable, be made as under.

(a)      a super time scale officer shall be posted against a post shown in Schedule-III;

(b)      a special scale officer shall be posted against a post shown in Schedule IV; and

(c)      a selection grade officer shall be posted against a post shown in the Schedule V.

Rule - 22. Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of these rules, the Government may issue such instructions, not inconsistent with the provisions of these rules, which appear to it to be necessary or expedient for the purpose of removing the difficulty and for purpose of giving effect to these rules.

Rule - 23. Residuary matters.

In regard to matters not specifically covered by these rules or orders/instructions issued thereunder, the members of the service shall be governed by the rules, regulations and orders applicable to the State civil services in general.

Provided that any power exercisable by the Government under such rules, regulations and orders may be delegated by the Government to such authority and subject to such conditions as it may prescribe.

Rule - 24. Interpretation.

If any question arises relating to the interpretation of these rules, the matter shall be referred to the Government whose decision thereon shall be final.

Rule - 25. Repeal and saving.

(1)     The Jammu and Kashmir Administrative Service Rules, 1979, and all other rules corresponding to these rules in force immediately before the commencement of these rules in so far as they are inconsistent with these rules, are hereby repealed.

(2)     Notwithstanding such repeal, any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

SCHEDULE-I

SCHEDULE-II

SCHEDULE-III

SCHEDULE-V

SCHEDULE-IV