In
exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and all other powers enabling him in this behalf, the
Governor of Karnataka hereby makes the following rules to regulate the
conditions of service of temporary Government servants, namely.-- (1)
These rules may be called the
Karnataka State Civil Services (Temporary Services) Rules, 1967. (2)
(a) Subject to the provisions of
sub-rule (3), these rules shall apply to all temporary Government servants. (b)
Notwithstanding anything contained in any order of appointment of any person or
any order continuing any appointment, the provisions of these rules shall
subject to sub-rule (3), regulate the conditions of service of such persons. (3)
Nothing in these rules shall apply
to.-- (a)
Government servants engaged on
contracts; (b)
Government servants not in whole time
employment; (c)
Government servants paid out of
contingencies; (d)
Persons employed in extra-temporary
establishments or in work-charged establishments; and (e)
Such other categories of employees as
may be specified by the State Government by Notification in the Official
Gazette. In
these rules, unless the context otherwise requires.-- (a)
"Appointing Authority" means
in relation to a specified post, the authority declared as such under the
Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957; (b)
"Quasi-permanent service"
means temporary service commencing from the date on which a declaration made
under Rule 3 takes effect and consists of periods of duty and leave (other than
extraordinary-leave) after that date; (c)
"Specified post" means the
particular post, or the particular grade of posts within a cadre, in respect of
which a Government servant is declared to be quasi-permanent under Rule 3; (d)
"Temporary Government
servant" means.-- (i)
a person appointed as a local
candidate in any post under the State Government; or (ii)
a person who holds a civil post under
the State Government; who
does not hold a lien on a permanent post under the State Government. Explanation.-- For purposes of. these rules, 'Local candidate' means a
person appointed to any cache or post temporarily by direct recruitment without
complying with the provisions of clause (1) or (2) of Rule 4 of the Karnataka
State Civil Services (General Recruitment) Rules, 1957. (e)
"Temporary service" means
the service of a temporary Government servant other than the service of a local
candidate, under the State Government. A
Government servant shall be deemed to be in quasi-permanent service.-- (i)
if he has been in continuous temporary
service for more than three years; and (ii)
if the Appointing Authority, being
satisfied, having regard to the quality of his work, conduct and character, as
to his suitability for employment in a quasi-permanent capacity under the State
Government/has made a declaration to that effect. A
declaration made under Rule 3 shall specify the particular post or the
particular grade of post within a cadre in respect of which it is made and the
date from, which it shall take effect. (1)
(a) The services of a temporary
Government servant who is not in quasi-permanent service shall be liable to
termination at any time by a notice in writing given either by the Government
servant to the Appointing Authority or by the Appointing Authority to the
Government servant; (b)
The period of such notice shall be one month: Provided
that the services of any such Government servant may be terminated
forthwith [1][and
on such termination, the Government Servant shall be entitled to claim] a sum
equivalent to the amount of his pay plus allowances for the period of the
notice at the same rates at which he was drawing them immediately before the
termination of his service, or, as the case may be, for the period by which
such notice falls short of one' month. (2)
(a) Where a notice is given by the
Appointing Authority terminating the services of a temporary Government servant
or where the services of any such Government servant is terminated either on
the expiry of the period of such notice, or forth with [2][x
x x x x], the State Government or any other authority specified by the State
Government in this behalf may, of its own motion or otherwise, reopen the case
and after calling for the records of the case and after taking such inquiry as
it deems fit.-- (i)
confirm the action taken by the
Appointing Authority; (ii)
withdraw the notice; (iii)
reinstate the Government servant in
service; or (iv)
make such other order in the case as
it may consider proper: Provided
that except in special circumstances, which should be recorded in writing, no
case shall be reopened under this sub-rule after the expiry of three months.-- (i)
from the date of notice, in a case
where notice is given; (ii)
from the date of termination of
service in a case where no notice is given. (b)
Where a Government servant is reinstated in service under this rule, the order
of reinstatement shall specify.-- (i)
the amount or proportion of pay and
allowances, if any, to be paid to the Government servant for the period of his
absence between the date of termination of his services and the date of his
reinstatement; and (ii)
Whether the said period shall be
treated as a period spent on duty for any specified purpose or purposes. Notwithstanding
anything contained in Rule 5, the services of a temporary Government servant
who is not in quasi-permanent service may be terminated at any time without
notice on his being declared physically unfit for continuance in service by an
authority who would have been competent to declare him as permanently
incapacitated for service had his appointment been permanent. The
services of a Government servant in quasi-permanent service, shall be liable to
termination.-- (i)
in the same circumstances and in the
same manner as a Government servant in permanent service; or (ii)
when the Appointing Authority
concerned has certified that a reduction has occurred in the number of posts
available for Government servants not in permanent service: Provided
that the services of a Government servant in quasi-permanent service shall not
be liable to termination under clause (ii) so long as any post of the same
grade and under the same Appointing Authority as the specified post held by the
Government servant in quasi-permanent service continues to be held by a
Government servant not in permanent or quasi-permanent service: Provided
further that as among Government servants in quasi-permanent service whose
specified posts are of the same grade and under the same Appointing Authority,
termination of service consequent on reduction of posts, shall ordinarily take
place in order of juniority in the list of such persons prepared by the
Appointing Authority on the basis of length of continuous service put in after
the declaration under Rule 4 has taken effect. [3][A Government servant whose services have been terminated
under Rule 5 or 7 shall be paid a sum equivalent to the amount of his pay and
allowances for the period of earned leave to his credit on the date of
termination of his services [4][deducting
from such period of earned leave the period], if any, for which pay and
allowances in lieu of notice under Rule 5 has been paid.] The
payment of terminal gratuity to and death gratuity to the family of a temporary
Government servant or quasi-permanent servant shall be governed by the
provisions of the Karnataka Civil Services Rules governing the grant of
terminal gratuity and death gratuity for temporary employees for the time being
in force. [1] Substituted by GSR, 37, dated 23-1-1974, w.e.f. 21-2-1974,
for the followings:- "by payment to him of" [2] Omitted by GSR 37, dated 23-1-1974, for the followings:- "by payment of pay plus
allowances" [3] Inserted Rule 7-A by GSR. 56, dated 17-1-1968, w.e.f.
30-1-1969 [4] Substituted for the words "excluding the period"
by GSR 143, dated 5-5-1976.KARNATAKA STATE CIVIL SERVICES (TEMPORARY
SERVICES) RULES, 1967
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