In exercise of the powers conferred by
the proviso to Article 309 of the Constitution of India, the Governor of Odisha
is pleased to make the following rules regulating the methods of recruitment
and conditions of service of the persons appointed to different grades of the
Odisha Diploma Engineers' Service, namely PART-A PRELIMINARIES (1)
These rules may be called the'' Odisha
Diploma Engineers' Service (Methods of Recruitment & Conditions of Service)
Rules-2012". (2)
They shall come into force on the date of
their publication in Odisha Gazette. (1)
In these rules unless the context otherwise
requires- (a)
"Government" means the Government
of Odisha. (b)
"Commission" means the Odisha
Public Service Commission/Odisha Staff Selection Commission as the case may be. (c)
"Committee" means the Departmental
Promotion Committee constituted under rule 10; (d)
"Ex-Servicemen" means a person as
defined in the Odisha Ex-Servicemen (Recruitment to State Civil Services and
Posts) Rules, 1985. (e)
"Person with Disabilities (or Physically
Handicapped Persons)" means a person who would be granted a disability
certificate by competent authority as per the provisions under rule 4 of the
Persons with Disabilities (Equal Opportunities, Protection of Right, and Full
Participation) Odisha Rules, 2003; (f)
"Scheduled Castes and Scheduled
Tribes" means such Castes and Tribes as notified by the President of India
from time to time under Article 341 and 342 of the Constitution of India,
respectively; (g)
"SEBC" means the Socially and
Educationally Backward Classes of citizens other than the Scheduled Castes and
Scheduled Tribes as referred to in clause (e) of section 2 of the Odisha
Reservation of Posts and Services (For Socially and Educationally Backward
Classes) Act, 2008: (h)
"Service" means the Odisha Diploma
Engineers' Cadre Service; (i)
"Sportsmen" means a person who
would be issued with identity card as sportsmen by the Director, sports as per
Resolution No. 24808/Gen dated 18th November 1985 of General Administration
Department; (j)
"Year" means a Calendar Year. (k)
"Diploma" means 3 years Diploma
Course in Civil/Electrical/Mechanical/Mining etc. conducted by Odisha State
Council of Technical Education and Vocational Training. (1)
"Branch" means
Civil/Electrical/Mechanical/Mining etc. (2)
All other words and expressions used in these
rules but not specifically defined shall, unless the context otherwise requires,
have the same meaning as respectively assigned to them in the Odisha Service
Code. (1)
The Service shall consist of the following
grades namely (i)
Junior Engineer (ii)
Assistant Engineer PART-B METHODS OF RECRUITMENT (1)
Subject to other provisions made in these
rules recruitment to different grades in the service shall be made by the
following methods, namely (a) In respect
of the grade of Junior Engineer- by direct recruitment through
competitive examination to be held once in a year by the Odisha Staff Selection
Commission. (b) In respect
of the grade of Assistant Engineer- by way of promotion from the grade of
Junior Engineer of Odisha Diploma Engineers' Service only in consultation with
Odisha Public Service Commission. Notwithstanding anything contained in
these rules reservation of vacancies or posts, as the case may be for (a)
Schedule Castes and Schedule Tribes shall be
made in accordance with the provisions of the Odisha Reservation of Vacancies
in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and
the rules made there under or any other law or rule for the time being in force
and (b)
SEBC, Women, Sportsmen, Ex-servicemen and
Physically Handicapped Persons shall be made in accordance with the provisions
made under such Act/Rules, orders or instructions issued on this behalf by
Government from time to time. PART-C DIRECT RECRUITMENT In order to be eligible for direct
recruitment to the posts of Junior Engineer in the service, a candidate must
satisfy the following conditions, namely (a)
Nationality: She/he must be a citizen of
India. (b)
Educational Qualification: She/he must have
possessed a Diploma in Engineering or an equivalent qualification from the
Institution recognized by the Odisha Council of Technical Education &
Vocational Training. (c)
Age Limits: She/he must not be below 21 years
and above the age of 32 years on the 1st day of January of the year of
recruitment. Provided that the upper age limit in
respect of reserved categories of candidates referred to in rule 5 shall be
relaxed in accordance with the provisions of the Act, rules, orders or
instructions, for the time being in force, for the respective categories. (d)
Knowledge in Odia: She/he must be able to
read, write and speak Odia; and have- (i)
Passed Middle School examination with Odia as
a language subject; or (ii)
Passed Matriculation or equivalent
examination with Odia as medium of examination in non-language subject, or (iii)
Passed in Odia as language subject in the
final examination of Class-VII or above from School or Educational Institution
recognised by the Government of Odisha or the Central Government, or (iv)
Passed a test in Odia in Middle English School
Standard conducted by the School and Mass Education Department/Board of
Secondary Education, Odisha. (e)
Marital Status: A candidate if married must
not have more than one spouse living; Provided that the State Government
may, if satisfied that such marriage is permissible under the personal law
applicable to such person or there are other grounds for doing so, exempt any
person from the operation of this rule. (f)
Physical Fitness: A candidate must be of good
mental condition and bodily health and free from any physical defect likely to
interfere with the discharge of his duties in the service. (i)
The competitive examination for direct
recruitment to the grade of Junior Engineer shall be conducted by the Odisha
Staff Selection Commission. (ii)
The Engineer-in-Chief/Engineer of equivalent
status of the Administrative Department shall communicate the total number of
vacancies, that is, the existing vacancies, if any, and the anticipated
vacancies likely to arise during the recruitment year to be filled up by direct
recruitment to the commission in the first week of December, indicating the
post to be reserved for candidates belonging to different reserved categories.
Such communication shall furnish the necessary details in the format prescribed
for the purpose by the Commission. (iii)
The Odisha Staff Selection Commission shall,
on receipt of the vacancies to be filled up by direct recruitment publish the
advertisement at the latest by the last week of December in the two widely
circulated Odia dailies inviting applications from eligible candidates to
appear at the examination. (iv)
The Odisha Staff Selection Commission after
receiving all the applications shall take steps to select candidates in the
manner given below; (v)
Selection shall be based on career evaluation
and objective type written test. (a)
Weightage on career evaluation shall be 50%
(fifty per cent) and objective type written test 50% (fifty per cent). (b)
The career evaluation shall be made in the
following manner, (i)
High School Certificate: 20 % (Twenty per
cent) (ii)
Certificate or Diploma in Engineering: 30%
(Thirty per cent) (vi)
There shall not be any viva voce test. (vii)
The Odisha Staff Selection Commission shall
prepare a list of selected candidates arranged in order of merit equal to the
number of advertised vacancy on the basis of the marks secured in career
evaluation and the written test taken together. Explanation: The commission shall
prepare a common merit list taking into account all categories along with
separate merit list category wise. (1)
On the basis of the results of the
examination, the Odisha Staff Selection Commission shall prepare a common list
of successful candidates found suitable for appointment in order of merit
subject to reservations for different categories/various branches of the cadre
and forward the list to Government. The merit list received from the Commission
shall be placed before the Government for approval and on such approval, it
shall form the select list. The list after approval of the Government shall
also be published by the Commission for general information. (2)
Appointment to the grade of Junior Engineer
shall be made in the order the names as they appear in the Select List. (3)
Every candidate included in the Select List
shall be examined by a Medical Board, and any candidate who fails to qualify
the Medical Board shall not be eligible for appointment. (4)
The select list shall ordinarily remain in
force for one year from the date of its approval by the Government under
sub-rule (1) or until another select list is prepared, whichever is earlier. PART-D PROMOTION In order to be eligible for promotion
to the grade of Assistant Engineer, a Junior Engineer must have passed the
Departmental/Professional Examination under Rule-18 and have completed at least
10 years of service as such. (1)
There shall be constituted a Committee for
considering promotion of Junior Engineers to the posts of Assistant Engineer
with the following members (a)
Principal Secretary/Commissioner-cum-Secretary/Secretary
of the Administrative Department-Chairman (b)
Engineer-in-Chief/Engineer of equivalent
status of the Administrative Department-Member (c)
Chief Engineer, Mechanical-Member (In case of promotion of corresponding
posts of Mechanical wing only). (d)
Additional Secretary/Joint Secretary/Deputy
Secretary of the Administrative Department dealing with the subject-Member
Convenor (2)
The recommendation of the committee shall be
valid and can be acted upon notwithstanding the absence of any one of its
members other than the Chairman. Provided that the member so absenting
was duly invited to attend the meeting of the Committee and the majority of
members of the Committee attended the meeting. (1)
The Committee shall meet at least once in a
year preferably in the month of January to prepare a list of Junior Engineers,
as are held by them suitable for promotion to the rank of Assistant Engineer. (2)
The Committee while considering the cases of suitable
officers and preparation of the list shall follow the provisions of- (a)
The ORV Act & the Rules made there under. (b)
The Odisha Civil Services (Zone of
Consideration for Promotion) Rules, 1988. (c)
The Odisha Civil Services (Criteria for
Promotion) Rules, 1992 and (d)
The Odisha Civil Services (Criteria for
Selection for Appointment including Promotion) Rules, 2003. (1)
The recommendations of the committee, shall
be referred to the Odisha Public Service Commission for concurrence along with
the list of all eligible officers, including those who have not been
recommended together with the service particulars and other documents, if any. (2)
The Odisha Public Service Commission shall
consider the list along with the service particulars received under Sub-Rule
(1) and shall furnish its recommendations to Government. (1)
The recommendations of the Odisha Public
Service Commission in respect of reference made to it under sub-rule (1) of rule
12 shall be considered by Government and the list approved by Government shall
form the select list. (2)
The list referred to under sub-rule (1) shall
ordinarily be in force for a period of one year from the date of its approval
by the Government or until another select list is prepared afresh whichever is
earlier. Appointment to the grade of Assistant
Engineer in the service shall be made in the order in which the names of
officers appear in the select list prepared under rule 13. PART-E OTHER CONDITIONS OF SERVICE (1)
Every person appointed in the service by
direct recruitment shall be on probation for a period of two years. Provided that the appointing authority
may, if think fit, in any case or class of cases, extend the period of
probation: Provided further that such period of
probation shall not include- (a)
extraordinary leave (b)
period of unauthorized absence; or (c)
any other period held to be not being on actual
duty (2)
The appointment of a probationer may, for
good and sufficient reasons to be recorded in writing, be terminated by
Government at any time without previous notice during the period of probation
including extension of such period, if any. (3)
A probationer after completing the period of
probation to the satisfaction of Government shall be eligible for confirmation
subject to passing of Departmental and Professional Examination under Rule 18
and availability of permanent vacancy in the grade. The seniority of the officers
appointed in the service in a particular year shall be in the order in which
their names appear in the select list prepared under Rule 8 and 13 as the case
may be: The conditions of service in regard to
matters not covered by these rules shall be the same as are or as may from time
to time be prescribed by Government. Every member of the service shall be
liable to pass the prescribed Departmental and Professional Examination during
the period of probation otherwise He/She will not be eligible for next
increment. PART-F MISCELLANEOUS When the Government are of the opinion
that it is considered necessary or expedient so to do, in public interest, it
may, by order, for reasons to be recorded in writing, relax any of the
provisions of these rules in respect of any class or category of employees in
consultation with the Commission. The General Administration Department
Notification No. 6514/Gen., dated 23rd March, 1982 and regulations,
instructions or orders in force immediately before the commencement of these
rules in respect of matters relating to the service and covered by these rules
are hereby repealed. Provided that any order or appointment
made, action taken or things done under the rules, regulations, instructions or
orders so repealed shall be deemed to have been made, taken or done under the
corresponding provisions of these rules. If any question arises relating to the
interpretation of these rules, it shall be referred to Government whose
decision thereon shall be final. The Government may issue such instructions
not inconsistent with the provisions of these rules as they may consider
necessary to regulate the matters not specifically covered by the provisions of
these rules.ODISHA DIPLOMA ENGINEERS' SERVICE (METHODS OF RECRUITMENT
& CONDITIONS OF SERVICE) RULES, 2012
PREAMBLE