KARNATAKA CIVIL SERVICES (TIME BOUND ADVANCEMENT) RULES, 1983

 

PREAMBLE

In exercise of the powers conferred by proviso to Article 309 of the Constitution of India and in supersession of Government Order Nos. FD 82 SRP 79, dated 22nd January, 1980, FD 39 SRP 80, dated 11th December, 1980 and FD 88 SRP (CSC) 81, dated 27th March, 1982, the Governor of Karnataka, hereby makes the following rules, namely.--

Rule - 1. Title, commencement and application.

(1)     These rules may be called the Karnataka Civil Services (Time Bound Advancement) Rules, 1983.

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

(3)     They shall apply to all Government servants governed by the Karnataka Civil Services Rules except.--

(a)      persons whose appointments are made according to any contract unless the terms otherwise provide for;

(b)      persons appointed as local candidates;

(c)      persons appointed on consolidated pay or on part-time basis; and

(d)      Government servants who have voluntarily forgone their promotion.

Rule - 2. Interpretation.

In these rules, unless the context otherwise requires.--

(a)      "Appointing Authority" in relation to a Government servant means.--

(i)       the authority empowered to make appointment to the service of which the Government servant is for the time being member or to the grade of the service in which the Government servant is for the time being included; or

(ii)      the authority empowered to make the appointments to the post which the Government servant for the time being holds; or

(iii)     the authority which appointed the Government servant to such service grade or post, as the case may be -- whichever authority is the highest authority;

(b)      "Schedule"' means the Schedule appended to these rules.

Rule - 3. Grant of time bound advancement and conditions of eligibility.

The Appointing Authority shall grant to a Government servant who is holding a post carrying pay scale specified in column (2) of the Schedule the selection time scale of pay specified in the corresponding column (3) thereof if.--

(a)      he has put in a service of not less than twelve years in the post held by him excluding his services as a local candidate work-charged employee or any other service which does not count for the purpose of determining seniority for promotion; and

(b)      he has a Satisfactory record of service; and

(c)      he is qualified and eligible for promotion in accordance with the rules of recruitment applicable to him:

Provided that the suitability for grant of selection time scale of pay to a Government servant holding a post in any of the scales of pay mentioned in Sl. Nos. 8 to 11 of column (1) of the Schedule shall be determined by the Departmental Promotion Committee, if constituted or by the Appointing Authority as the case may be:

Provided further that in respect of Group 'D' employees holding the scale of pay of Rs. 390-550 and the posts specified in Schedule IV of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 possessing of any academic qualification or the passing of the 'Kannada Language or any service examination shall not be insisted upon for granting the selection time scale of pay:

Provided farther that no Government servant shall be allowed the benefit of this rule more than once during his entire service under the Government:

Provided further that a Government servant.--

(a)      who has put in not less than twelve years of service in the post held by him as on 31st March, 1982, may be allowed the corresponding selection time scale of pay with effect from 1st April, 1982;

(b)      who has put in not less than twelve years of service in the post held by him on a date on or after 1st April, 1982 may be allowed the corresponding selection time scale of pay with effect from such date:

Provided further that a Government servant who has elected to continue in the "existing scale" under Rule 7 of the Karnataka Civil Services (Revised Pay) Rules, 1982, until he earns his next or subsequent increment in the said scale may be granted the selection time scale from the date from which his pay is fixed in the "revised scale" under the said rules:

Provided also that where a Government servant who has exercised his option under Rule 7 of the Karnataka Civil Services (Revised Pay) Rules, 1982 to continue in the existing scale till he earns next or any subsequent increment requests for the grant of the selection time scale of pay before the expiry of the period upto which he had elected to continue in the existing scale the option exercised by him shall become invalid and he may be granted the selection time scale of pay after fixing his pay in the "Revised Scale" as if he had not exercised any option.

Rule - 4. Fixation of pay.

(1)     Notwithstanding anything contained in the Karnataka Civil Services Rules the pay of a Government servant who is granted the selection timescale of pay shall be fixed in accordance with the provisions of Rule 42-B of the Karnataka Civil Services Rules:

Provided that for the purpose of fixing the pay under this sub-rule the benefits of fixation at a higher stage of pay and grant of additional increment in pursuance of Government Order No. FD 82 SRP 79, dated 22nd January, 1980 and Government Order No. FD.39 SRP 80, dated 11th December, 1980 shall be ignored.

(2)     Where a Government servant who has been granted the selection time scale of pay, is promoted within two years from the date on which he is granted the selection time scale of pay, his pay on promotion shall be fixed with reference to the pay which he would have drawn but for the grant of the selection time scale of pay:

Provided that his pay shall not be less than the pay he was drawing immediately before such promotion.

Rule - 5. Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of these rules, the State Government may by order, make such provisions or give such directions not inconsistent with these rules as appears to it to be necessary for removing the difficulty.

Rule - 6. Over-riding effect of the rules.

The provisions of these rules shall have effect notwithstanding anything inconsistent therewith contained in any rules made under the proviso to Article 309 of the Constitution of India.

Rule - 7. Power to relax.

Notwithstanding anything contained in these rules the Government may by order dispense with or relax the retirement of any rule to such extent subject to such condition, as may be considered necessary for dealing with a case in just an equitable manner.

Rule - 8. Savings.

Any action taken under Government Order No. FD 88 SRP (CSC) 81, dated 27th March, 1982 and Government Order No. FD 69 SRP 82, dated 13th August, 1982 and 1st January, 1983 shall be deemed to have been taken under these rule.

 

SCHEDULE