JAMMU AND KASHMIR, SECRETARIAT (SUBORDINATE) SERVICE RECRUITMENT RULES, 2009

PREAMBLE

In exercise of the powers conferred by the proviso to Section 124 of the Constitution of Jammu and Kashmir, the Governor hereby makes the following rules namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Jammu and Kashmir, Secretariat (Subordinate) Service Recruitment Rules, 2009.

(2)     They shall come into force from the date of their publication in the Government Gazette.

Rule - 2. Definitions.

In these rules, un'less the context otherwise requires:-

(a)      'Administrative Department' means the General Administration Department;

(b)      "Board" means the Jammu and Kashmir State "Service Selection Board";

(c)      'Cadre' means the cadre of the service as indicated in Schedule-I;

(d)      "Government" means the Government of Jammu and Kashmir;

(e)      'Member of the service' means a person appointed to a post in the service under the provisions of these rules;

(f)       "Post" means a permanent post carrying a definite time scale sanctioned by the competent authority;

(g)      "Rules" means the Jammu and Kashmir Secretariat (Subordinate) Service Recruitment Rules;

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

(i)       "Selection Agency' means the agency constituted by the Government for making recruitment to a particular class of post;

(j)       'Service' means the Jammu and Kashmir, Secretariat (Subordinate) Service, and;

(k)      "State" means the Jammu and Kashmir State;

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

Rule - 3. Constitution of Service.

(1)     From the date of commencement of these rules there shall be constituted the Jammu and Kashmir Secretariat (Subordinate) Service.

(2)     The Government may, at the commencement of these rules, appoint to the service any person who at the commencement of these rules is holding substantively any post included in the cadre of the service;

Provided that for the purposes of initial constitution of service, a person holding any post in substantive capacity, to which he was appointed by the competent authority under rules, included in the cadre of the service in its sanctioned scale of pay shall be deemed to have been appointed to the service under these rules if he/she is fully qualified to hold the post under these rules.

Explanation:- The words holding means a person holding a post included in the cadre of the Jammu and Kashmir Secretariat (Sub-ordinate) Service in its sanctioned scale of pay on regular basis under orders of the competent authority and will not cover the persons holding a post on ex-cadre/deputation basis or on adhoc basis or in a stop gap arrangement.

Rule - 4. Strength and composition of the service.

(1)     The authorized permanent and temporary strength of the cadre and the nature of the posts included therein shall be determined by the Government, from time to time and shall, at the initial constitution of the service under these rules, be such as specified in Schedule-I Annexed to these rules:

Provided that the Government may create temporary posts in the cadre or the service for specified period or purpose as may be considered necessary from time to time.

(2)     The Government shall, at the interval of every five years or at such other intervals as may be necessary, re-examine the strength and composition of the cadre of the service and make such alterations therein as it deems fit.

Rule - 5. Qualifications and Method of Recruitment.

First appointment to the service may be made:-

(a)      by direct recruitment or

(b)      by promotion

Provided that:-

(i)       all posts to be filled by direct recruitment/promotion shall be filled through J&K SSB/Departmental Promotion Committee

(ii)      the department shall refer vacancies in the direct/promotion quota to SSB and Departmental Promotion Committees as the case may be in terms of SRO-166 dated 14-06-2005.

Rule - 6. Probation.

(1)     Persons appointed to the service by direct recruitment shall be on probation for two years and their confirmation shall be made under the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.

(2)     The pay of a person appointed to the service under these rules shall be regulated as per the provisions of Jammu and Kashmir Civil Services Regulations or general rules as issued from time to time.

Rule - 7. Reservation in appointments.

While making appointments either by direct recruitment or by promotion, reservation shall be made in accordance with the rules and orders issued from time to time for members of Scheduled Caste/Scheduled Tribes/Backward Classes or any other category or class of permanent residents of State under the provisions of Jammu and Kashmir Reservation Act and the Reservation Rules in force.

Rule - 8. Training and Departmental Examinations.

Persons appointed to the service by direct recruitment shall be required to undergo such training during the course of probation and to pass during the period of probation such departmental examination as the Government may prescribe;

Rule - 9. Eligibility of Government servants for direct recruitment.

A person already in the Government service may apply through proper channel for direct recruitment to a vacant post in any particular class or category in the service if he/she possesses the educational and other qualifications prescribed for recruitment to such class or category of posts. The upper age limit of such Government servants shall be as provided in the general rules.

Rule - 10. Maintenance of seniority lists.

Seniority of the members of the service shall be regulated under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956.

Rule - 11. Residuary matters.

In regard to matters not specifically covered by these rules, the member of the service shall be governed by the rules/regulations and orders applicable to the State Civil Service in general.

Rule - 12. Interpretation.

If any question arises relating to the interpretation of these rules, the matter shall be referred to the General Administration Department whose decision thereon shall be final and binding.

Rule - 13. Repeal and Savings.

(1)     All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed.

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

SCHEDULE-I

NOTE:- There will be:-

(a)      Deputation reserve @ of 15% of the Duty posts each for Section Officers, Senior Stenographers, Head Assistants, Junior Stenographers, Senior Assistants and Junior Assistants.

(b)      Training reserve @ of 10% of Duty posts for Junior Assistant.

SCHEDULE II