JHARKHAND ENGINEERING SERVICE RECRUITMENT RULES, 2016

PREAMBLE

In exercise of the powers conferred by the provision to Article 309 of the Constitution of India, the Governor of Jharkhand is hereby pleased to make the following rules regulating appointment, promotion, condition of service, pay, allowances and pension of the Jharkhand Engineering Service for all the Works Departments of the Government of Jharkhand:-

Rule - 1. Short title and commencement.--

(i)       These rules may be called the Jharkhand Engineering Service Recruitment Rules, 2016.

(ii)      They shall come into force on the date of their publication in the official Gazette.

Rule - 2. Definition.--

In these rules, unless the context otherwise require:-

a.        "State" means the State of Jharkhand;

b.        "Government'" means the Government of Jharkhand.

c.        "Governor" means the Governor of Jharkhand;

d.        "Appointing Authority" means the Governor of Jharkhand:

e.        "Junior/Assistant/Executive/Superintending/Chief Engineer & Engineer-in-Chief" means the Engineer in the cadre of Road Construction Department;

f.         "Service" means the Jharkhand Engineering Service constituted under rule 3;

g.        "Appointed Day" means the date on which these Rules come into force:

h.        "Commission" means the Jharkhand Public Service Commission:

i.         "Controlling Authority" means the Government of Jharkhand in the ministry of concerned works department;

j.         "Departmental Promotion Committee" means a committee constituted to consider promotion in any grade:

k.        "Duty Post" means a post included in Schedule-I

l.         "Grade" means a grade of the service:

m.      "Regular Service" in relation to any grade means the period or periods of service in that grade rendered after selection and appointed thereto under the rules according to the prescribed procedure for regular appointment to that grade and includes any period or periods:-

(i)       taken into account for the purpose of seniority in case of those appointed under rule 6:

(ii)      during which an officer would have held a duty post in that grade but for being on leave or otherwise not being available for holding such post;

n.        "Schedule" means the Schedule appended to these rules:

o.        "Schedule Castes", "Schedule Tribes" and "Other Backward Classes" have the same meaning as assigned to them in the notification published in the official gazette of Government of Jharkhand.

p.        "Member of the service" means a Member of the Jharkhand Engineering service.

q.        "Nodal Department" means the Road Construction Department. It shall co-ordinate with various state departments and commission in the matter of appointment.

r.         "Personnel Department" means Department of Personnel, Administrative Reforms and Rajbhasha of the Government of Jharkhand,

Rule - 3. Constitution of Service.--

I.         All the duty posts included in the service as specified in Schedule-I shall constitute the Jharkhand Engineering Service.

II.       The said service shall comprise of the members included in Schedule I belonging to the following three works Departments of the Government of Jharkhand:-

a.        Road Construction Department,

b.        Water Resources Department, and

c.        Drinking Water & Sanitation Department.

Rule - 4. Grade, strength and its review.--

I.         The duty posts included in various grades of the service, their numbers and scales of pay on the date of commencement of these rules, shall be as specified as Schedule-1, which shall be changeable vide relevant circulars to this effect issued by the State Govt. from time to time.

II.       Notwithstanding anything contained in sub-rule (I), the Government may,-

a.        from time to time, by order make temporary additions or alterations to the strength of the duty posts in various grades, for such period as may be specified therein.

b.        in consultation with the Commission, include in the Service such posts as can be deemed to be equivalent in status, pay band and grade pay or pay scale to the posts included in Schedule-I or exclude from the service 2 duty post included in the said schedule.

Rule - 5. Members of the Service.--

(1)        The following shall be the members of the Service:-

a.        Persons appointed to duty posts under rule 6; and

b.        Persons appointed to duty posts under rule 7.

(2)        A person appointed under clause (a) of sub-rule (1) shall, on such appointment, be deemed to be a member of the service in the appropriate grade applicable to him under schedule-1

(3)        A person appointed under clause (b) of sub-rule (1) shall, be a member of the service in the appropriate grade applicable to him under schedule-1 from the date of such appointment.

Rule - 6. Initial constitution of the service.--

(I)      All existing officers holding duty posts on regular basis in the Jharkhand Engineering Service on the appointed day shall be members of the service in the respective grades.

(II)     The regular continuous service of officers before the commencement of these rules shall count for the purpose of probation, seniority, qualifying service for promotion, confirmation and pension in the service.

(III)   To the extent the controlling authority is not able to fill up the posts in authorized regular strength of various grades in the service in accordance with the provisions of this rule, the same shall be filled in accordance with the provisions of rules 7.

Rule - 7. Maintenance of the service.--

The vacant duty posts in any of the grades referred to in Schedule-I, after the initial constitution under rule 6, shall be filled in the following manner:-

(I)      The controlling authority shall calculate the number of vacancies in accordance with the Resolution no. 13026 dated 27.11.2012 of the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand on the basis of 1st January and the requisition shall be submitted to the Jharkhand Public Service Commission by 28/29 February.

(II)     All the vacancies in the grade of Assistant Engineer shall be filled by direct recruitment as per recommendation on the basis of the results of the Competitive Examination conducted by the Commission in accordance with the scheme, educational qualifications and age limits specified in Schedule-II & III.

(III)   All the vacancies in the grades of Executive Engineer and above shall be filled by promotion from amongst the officers in the lower grade with minimum qualifying service as specified in Schedule-II;

(IV)   The recommendation of officers for promotion to various grades of the service shall be made by the departmental promotion committee as specified in Schedule-IV OR the recommendation of Departmental Promotion Committee shall be obtained in accordance with the relevant resolutions/circulars issued by the State Govt. from time to time.

Rule - 8. Seniority.--

(I)      Assistant Engineer shall be the entry grade in the Grade-B. The Jharkhand engineering service and the inter-se seniority of the members of the Assistant Engineer (Direct entry) shall be in accordance with the rank in the merit panel as recommenced by the commission & inter-se-seniority of Assistant Engineer (Promoted) in the same transaction shall be as per their seniority in the cadre of junior engineer.

(II)     There shall be separate seniority list for Assistant Engineers (direct entry) and Assistant Engineers (promoted) as per sub rule (I) of rule-8.

(III)   The inter-se-seniority list of the members appointed as Executive Engineer amongst Assistant Engineers (Direct entry) & Assistant Engineers (Promoted) shall be determined by the relevant circulars to this effect issued by the State Govt. from time to time. On the basis of this promotion will be provided to the next higher posts as Superintending Engineer, Chief Engineer & Engineer-in-Chief.

Rule - 9. Probation and Confirmation.--

I.         Every officer on appointment to the Service either by direct recruitment or by promotion shall be on probation for a period of two years:

Provided that the controlling authority may extend the period of probation in accordance with the instructions issued by the Government in this behalf from time to time:

Provided further that any decision for extension of a probation period shall be taken within eight weeks after the expiry of initial period of probation and communicated in writing to the concerned officer together with reasons for so doing within the said period

II.       On completion of the period of probation or any extension thereof, officer shall, if considered fit for permanent appointment, be considered for confirmation as per rules.

III.     If, during the period of probation or any extension thereof, as the case may be the Government is of the opinion that an officer is not fit for permanent appointment, it may discharge the officer or revert him to the post held by him prior to his appointment in the service, as the case may be.

IV.      During the period of probation or any extension thereof, an officer may be required by Government to undergo such courses of training or to pass such examination or tests (including examination in Hindi) as the Government may deem fit, as condition for satisfactory completion of probation.

V.        As regards other matters relating to probation, the members of the Service shall be governed by the orders or instructions issued by the Government in this behalf from time to time.

VI.      A member shall be confirmed on his/her post by the controlling authority provided that there exists a permanent vacancy and

(a)      he/she has successfully completed the probation period,

(b)      he/she has passed the professional and departmental examinations, (including examination in Hindi),

(c)      The Government is of the opinion that he/she is fit for confirmation.

Rule - 10. Appointment to the service.--

All appointments to the service shall be made, by the controlling authority for all the duty posts in various grades of the Service in each of the three cadre controlling departments included in sub-rule (II) of Rule-3

Rule - 11. Liability to serve defense services of posts connected with defence.--

Any officer appointed to the Service, if so required, shall be liable to serve in any defense service or post connected with the defense of India, for a period of not less than four years including the period spent on training, if any:

Provided that such officers-

I.         Shall not be required to serve as aforesaid after the expiry of ten years from the date of appointment to the service or from the date of his joining the Service.

II.       Shall not ordinarily be required to serve as aforesaid if he has attained the age of forty years.

Rule - 12. Disqualification.--

No person

I.         Who has entered into or contracted a marriage with a person having a spouse living; or who having a spouse living, has entered into or contracted a marriage with any person.

II.       Who has taken/offered dowry at the time of his/her marriage, shall be eligible for appointment to the service.

Provided that the government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

Rule - 13. Other conditions of the service.--

The conditions of service of members of the service in respect of matters, for which no specific provision has been made in these rules, shall be the same as are applicable, from time to time, to officers of equivalent rank of the state Government.

Rule - 14. Power to relax.--

Where the 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, relax any of the provisions of these rules with respect to any class or category of persons.

Rule - 15. Saving.--

I. Nothing in these rules shall affect reservations, relaxation in age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Government.

II. All orders, notifications etc issued in relation to appointments, promotions, confirmation and posting immediately before the commencement of these rules, if not contrary, shall remain valid and lawful in relation to the service.

Rule - 16. Annual Confidential Report.--

The annual confidential report is an important document. It provides the basic and vital input for assessing the performance of an officer and for his/her further advancement in his/her career. The officer reported upon the reporting authority, the reviewing authority and the accepting authority should therefore; undertake duty of filling the form with a high sense of sensibility. Latest instructions regarding close and continuous monitoring over the work, character and capacity of all the officers and the maintenance of record of their services issued by the Government from time to time should be followed in preparation of Annual Confidential Reports of the member of the service entering the inputs in the prescribed format.

Rule - 17. Administrative Control.--

The overall controlling authority of the cadre shall be the Government of Jharkhand through the concerned works department. The control of the service shall include appointment, promotion, transfer, deputation, disciplinary action and other related matters.

Rule - 18. Interpretation.--

Whenever any doubt arises about the correct interpretation of any rule, the same should be referred to the Government for proper decision.

Rule - 19. Pay and Allowances.--

a)        The scale of pay admissible to the member of the service shall be as may be determined by the Government from time to time.

b)        On the date of publication of these rules, the scale of pay admissible to the members of the service will be as shown in schedule-I.

c)        The rules framed from time to time governing the leave, pension, travelling allowances, leave travel concession and other conditions of Gazetted services in Jharkhand shall apply to the member of the Jharkhand Engineering Service.

Rule - 20. Special Provision.--

Member of the Service attaining age of more than 50 years shall be exempted from departmental/professional examinations, if his service is satisfactory in all respect & there must be evidence that he had tried hard to pass the said examination.

Rule - 21. Repeal.--

All rules and regulations, orders and instructions in force immediately before the date of commencement of these rules in respect of matters relating to the service policy inconsistent to these rules are hereby repealed.