Rajasthan Subordinate Offices Ministerial Service Rules, 1999

 

In exercise of the powers conferred by the proviso to the Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules regulating recruitment to, and the conditions of service of persons appointed to, the ministerial service in the subordinate offices :-

 

Part I

General

Rule - 1. Short title and commencement.?

 

(i)       These Rules may be called the Rajasthan Subordinate Offices Ministerial Service Rules, 1999.

 

(ii)      They shall come into force from the date of their publication in the Rajasthan Rajpatra.

Rule - 2. Definition.?

 

In these Rules unless the context otherwise requires :-

(a)      "Appointing Authority" means ?

 

(i)       in respect of the post of Establishment Officer and Administrative Officer, [Head of Department Concerned];

 

(ii)      in respect of [Additional Administrative Officer] and Personnel Assistant of the Collectorates, the Board of Revenue;

 

(iii)     in respect of Assistant Registrar, Board of Revenue;

 

(iv)    in respect of Assistant Registrar, Technical Education, the Director, Technical Education, Rajasthan; and

 

(v)      in respect of other post(s) in the service, the Head of Department or to the extent the authority is delegated to him, such officer to whom the authority to make appointment to the staff may be delegated by the Head of Department with the approval of the Government.

 

(b)      "Commission" means the Rajasthan Public Service Commission;

(c)      "Committee" means the Committee referred to in rule 32;

 

(d)      "Direct recruitment" means recruitment made in accordance with the provision laid down in Part - IV of these Rules;

 

(e)      "Government" means the Government of Rajasthan;

 

(f)       "Head of Department" means the highest administrative authority other than Government in respect of subordinate office;

 

(g)      "Schedule" means the Schedule appended to these Rules;

 

(h)     "Service" means the Rajasthan Subordinate Offices Ministerial Service;

 

(i)       "Subordinate office" means any office under the control of Government other than the Secretariat or office of the State Legislature or High Court and the Courts subordinate there to or Public Service Commission;

 

(j)       "State" means the State of Rajasthan;

 

(k)      "Substantive Appointment" means an appointment made under the provisions of these Rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes, an appointment on probation followed by confirmation on the completion of the probationary period;

 

Note. - Due selection by any methods of recruitment prescribed under these rules will include recruitment either on initial constitution of Service or in accordance with the provisions of any Rules promulgated under proviso to Article 309 of the Constitution of India, except urgent temporary appointment.

(l)       "Service" or "Experience" wherever laid down in these Rules as a condition for promotion from one service to another or within the service from one category to another or to senior posts in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with Rules promulgated under proviso to Article 309 of the Constitution of India; and

Note: - Absence during service e.g. training, leave and deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as service for computing experience or service required for promotion.

(m)    "Year" means the financial year beginning from 1st April and ending on 31st March next.

Rule - 3. Interpretation.?

 

Unless the context otherwise requires the Rajasthan General Clause Act, 1955 (No. VIII of 1955), shall apply for the interpretation of these Rules as it applies, for the interpretation of a Rajasthan Act.

Part - II

Cadre

Rule - 4. Strength of Service.?

 

(1)     The nature of posts of the service shall be as specified in column No.2 of schedule - I.

 

(2)     The strength of the posts of the service shall be such as may be determined by the Government from time to time.

Provided that the. ?

 

(i)       Government may create any post, permanent or temporary from time to time, as may be found necessary and may abolish or allow to lapse any such post in the like manner without thereby entitling any person to any compensation.

 

(ii)      Appointing Authority may leave unfilled or hold in abeyance any post permanent or temporary, from time to time, without thereby entitling any person to any compensation.

Rule - 5. Constitution of Service.?

 

The service shall consist of :-

 

(i)       all persons holding substantively the posts specified in Schedule-I;

 

(ii)      all persons recruitment to the service before the commencement of these Rules; and

 

(iii)     all persons recruited to the service in accordance with the provisions of these Rules except urgent temporary appointment.

Part - III

Recruitment

Rule - 6. Method of Recruitment.?

 

(1)     Subject to the provisions herein after contained in these Rules, recruitment or appointment to posts in the service shall be made by the following methods of recruitment in the proportion as indicated in column no. 3 and 4 of Schedule I : -

 

(a)      [by direct recruitment in accordance with the procedure laid down in Part IV of these Rules;

Provided that. ?

 

(i)       the post of [Junior Assistant] and Stenographer shall be filled in by Combined Competitive Examination in accordance with the syllabus as prescribed in Schedule-II & III respectively through the agency of the Commission.

 

(ii)      the Appointing Authority may appoint a physically handicapped person to any post of the service in accordance with the provisions of the Rajasthan Employment of physically handicapped Rules, 1976. Such appointment shall be treated as regular appointment.

 

(iii)     the Appointing Authority may appoint on the post of Lower Division Clerk on availability of vacancies of one of the dependents of persons who died in police firing on 13.3.99 at town Kherli, District Alwar subject to the condition that such dependent fulfils academic qualifications and age limit and other conditions prescribed under the rules for appointment to the post of Lower Division Clerk. Such appointment shall be treated as regular appointment.]

 

(iv)    [the Appointing Authority may appoint on the post of Lower Division Clerk on availability of vacancies, one of the dependants of the person who died in Lathi Charge and / or Police firing during the period from 27.10.2004 to 6.12.2004 at town Gharsana and Rawla, District Sri Ganga nagar, and Khajuwala, District Bikaner and in Police firing on 13.6.05 at Sohela, district Tonk subject to the condition that such dependent fulfils academic qualifications, age limit and other conditions prescribed under the rules for appointment to the post of Lower Division Clerk. Such appointment shall be treated as regular appointment.]

 

(b)      by promotion in accordance with the procedure laid down in Part - V of these Rules;

 

(2)     Recruitment to the service by the aforesaid methods shall be made in such a manner that the persons appointed to the service by each method do not at any time exceed the percentage laid down in the Rules/Schedule of the total cadre strength for each category from time to time.

 

Provided that if the Appointing Authority is satisfied in consultation with the Government/Commission, as the case may be, that suitable persons are not available for appointment by either method of recruitment in the proportion so indicated in a particular year, appointment by other method in relaxation of the prescribed proportion may be made in the same manner as specified in these Rules.

 

(3)     [Notwithstanding anything contained in these rules the persons, irregularly appointed on duly sanctioned posts and completed ten years service on 10-04-2006, without intervention of any court or tribunal, and continuously working as such on the date of commencement of these amendment rules, shall be screened by a committee consisting of :-]

(a)      in case of posts falling within the purview of the Commission: -

 

(i)       Chairman of commission or a member nominated by him;

 

(ii)      Pr. Secretary/Secretary to the Government, Department of Personnel;

 

(iii)     Pr. Secretary/Secretary to the Government, Finance Department or his nominee not below the rank of Deputy Secretary; and

 

(iv)    Pr. Secretary/Secretary to the Government, of the concerned department;

 

(b)      in case of the posts outside the purview of the Commission : -

 

(i)       Pr. Secretary/Secretary to the Government, Department of Personnel;

 

(ii)      Pr. Secretary/Secretary to the Government, Finance Department or his nominee not below the rank of Deputy Secretary;

 

(iii)     Pr. Secretary/Secretary to the Government, of the concerned department;

Provided they were eligible for appointment, as per rules on the date of their initial irregular appointment and vacancy is available at the time of screening. The Appointing Authority shall issue appointment order of the person, who is adjudged suitable by the screening committee and appointment shall be effective from the date of issue of such appointment order.

Rule - [6A. Compassionate Appointment of Dependents of the Deceased/Permanently incapacitated Armed Forces Service Personnel/ Para-Military Personnel.?

 

(1)     Notwithstanding anything contained in these rules the Appointing Authority may fill the vacancies of the ?

 

(i)       [that the upper age limit shall be relaxed up to 45 years in case a dependent of a member of Armed Forces who died or was permanently incapacitated during the period from, 01.01.1971 to 31.03.1999, applies for appointment with-in-one year of the commencement of these amendment rules.]

 

(ii)      posts up to pay scale number 11 to be filled in by direct recruitment by appointing on compassionate ground, one of the dependents of a member of Armed Forces/Para Military Forces belonging to the state who dies [on or after 01.04.1999] in any defence operations including counter-insurgency operations and operations against terrorists;

 

(iii)     [post up to pay scale number 9A to be filled in by direct recruitment by appointing on compassionate ground, one of the dependent of a member of Armed Forces belonging to the state, who died or was permanently incapacitated in war or any defence operations including counter insurgency operations and operations against terrorists during the period from 01.01.1971 to 31.03.1999.]

 

(iv)    Subject to fulfilment of the educational qualifications and other service conditions prescribed under the relevant Service Rules and with the concurrence of Department of Personnel and the Rajasthan Public Service Commission if the post falls within the purview of the Commission:

Provided that: -

 

(i)       the dependents of a member of Armed Forces/ Para Military Forces belonging to the state shall be considered for appointment to the lowest post of the service (up to pay scale number 9A in case of permanently incapacitated personnel of Armed Forces/ Para Military Forces and up to pay scale No.11 in case he dies) at which direct recruitment is made, according to the qualifications possessed by the dependent.

 

(ii)      if the Armed Forces/ Para Military personnel who are permanently incapacitated are capable of and desirous of obtaining employment for themselves under the State Government, employment shall be given to them.

 

(iii)     if the widow or the children of the Armed Forces/ Para Military personnel who are killed or permanently incapacitated are not in a position to take up employment immediately, employment will be given to them on acquiring of eligibility for appointment.

 

(2)     Appointment shall be given to a dependent of Armed forces/ Para Military personnel only if any one of them has not got appointment on any post under the provisions of concerned service rules prevailing in the Government of India.

 

(3)     Appointment shall not be given to such dependents if any of the other dependents of the Armed Forces/ Para Military personnel is already employed on regular basis under the central/ any State Government or Statutory Board Organisation/ Corporation owned or controlled wholly or partially by the Central/ any State Government at the time of death of the Armed Forces/ Para Military personnel.

Provided that this condition shall not apply where the widow seeks employment for herself.

(4)     Such dependents shall address an application for the purpose to the Zila Sainik Kalyan Adhikari in the case of Armed Forces and the Officer Commanding the Para-Military Unit for Para-Military forces duly verified by the Head of the Unit where the deceased/ permanently incapacitated member of the Armed forces/ Para Military Forces was serving at the time of death/ becoming permanently incapacitated. The application shall be considered in relaxation of the normal recruitment rules subject to the condition that the dependent fulfils the academic qualifications and experience, except for appointment to Class IV for which educational qualification shall be relaxed, and age limit prescribed for the post and is also otherwise qualified for Government Service.

 

(5)     The application of such dependents shall be forwarded to the District Collector concerned for suitable appointment according to the qualifications possessed by the dependent. In the event of non-availability of vacancy in the District concerned the application shall be sent to the Divisional Commissioner who shall arrange appointment in any District under his jurisdiction. [If vacant post is not available under the jurisdiction of the Divisional Commissioner, then the application shall be referred by the Divisional Commissioner to Government in the Department of Personnel for providing appointment.]

 

(6)     The application shall contain the following information: -

 

(i)       Name and designation of the deceased/Permanently incapacitated Armed Force/ Para Military Force personnel;

 

(ii)      Unit in which he/she was working prior to death/ becoming permanently incapacitated;

 

(iii)     Date and place of death with death certificate issued by the Authority competent to declare him a battle casualty or becoming permanently incapacitated.

 

(iv)    Name, date of birth, education qualification of the applicant and his/ her relation with the deceased (with certificates).

Explanation: - for purpose of this rule : -

 

(a)      "Armed Force" means the Army, Navy and Air Force of the Union.

 

(b)      "Dependent" means spouse of the deceased/ permanently incapacitated person, son/ adopted son unmarried daughter/unmarried adopted daughter who were wholly dependent on the deceased/permanently incapacitated Armed Forces Service personnel/Para Military Personnel;

Note: - Adopted son/ daughter means legally adopted son/ daughter by the deceased/ permanently Incapacitated person during his/her life.

(c)      "Para Military Forces" means the Border Security Force, Central Reserve Police Force, Indo Tibetan Border Police and any other Para- Military Force as may be notified by Central and State Government, from time to time;

 

(d)      "Permanently incapacitated" means a person who is covered under the definition of the term "person with disabilities" as provided in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No.1 of 1996).]

Rule - [6B. Compassionate appointment of women who acquire disability as a result of cruelty by her husband or relative of her husband.?

 

(1)     Notwithstanding anything contained in rule 6(1) of these rules and rule 4 of the Rajasthan Employment of the Persons with Disabilities Rules, 2000, the Appointing Authority may appoint on the post of [Junior Assistant]/ Telephone Operator, or availability of vacancy, a women who acquire any disability as defined in the Rajasthan Employment of the Persons with Disabilities Rules, 2000 as a result of cruelty by her husband or relatives of husband and cognizance for offence under Section 498-A of the Indian Penal Code has been taken by the competent court subject to condition that such woman fulfils the academic qualifications prescribed under these rules and furnishes disability certificate issued by the Medical Authority prescribed under the Rajasthan Employment of the Persons with Disabilities Rules, 2000 in the "Form" prescribed under the said rules. Such appointment shall be treated as regular appointment.]

Rule - [6C. Compassionate appointment of dependents of the deceased persons who died in incident like riots, agitations etc.?

 

(1)     Notwithstanding anything contained in these rules on the recommendation of the District Collector [the Appointing Authority may appoint one dependant of the person who died in the year 1992 or thereafter in incidents like riots, terrorist attacks, agitations, picketing, demonstrations and rallies subject to the following conditions:-]

(a)      The dependant fulfils academic qualifications and other conditions and qualifications prescribed under the rules for post of [Junior Assistant].

 

(b)      Appointment shall not be given to such dependant if any of the dependant of the deceased person is already employed on regular basis under the Central / any State Government or Statutory Board/ Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the deceased person. Provided that this condition shall not apply where the widow seeks employment for herself.

 

(2)     [The application for appointment of such dependent shall be addressed to the District Collector concerned. He shall forward the application with his recommendation to the Appointing Authority.]

Explanation: - For the purpose of this rule :-"Dependant" means spouse of the deceased person, son/adopted son, unmarried daughter/unmarried adopted daughter who were wholly dependant on the deceased person.

Note: - Adopted son/daughter means legally adopted son/daughter by the deceased person during his/her life.]

 

Rule - 7. Special provision for Army/Air Force/Navy persons who joins during Emergency.?

 

Notwithstanding anything contained in these Rules the recruitment, appointment, promotion, seniority and confirmation etc of a person who joins the Army/Air Force/Navy during an emergency, shall be regulated by such orders and instructions as may be issued by the Government, from time to time, provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

Rule - 8. Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes.?

 

(1)     Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the [the provisions of the Rajasthan Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 at the time of recruitment] i.e. by direct recruitment and by promotion.

 

(2)     The vacancies so reserved for promotion shall be filled in by seniority -cum-merit.

 

(3)     In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Commission, for posts falling in its purview, and by the Appointing Authority in other cases, and the Departmental promotion Committee or the Appointing Authority, as the case may be, in the case of promotee, irrespective of their relative rank as compared with other candidates.

 

(4)     [Appointment shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. In the event of non- availability of the eligible and suitable candidates amongst the Scheduled Castes and the Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be carried forward until the suitable Scheduled Castes and the Scheduled Tribes candidate(s), as the case may be, are available. In any circumstances no vacancy reserved for Scheduled Castes and the Scheduled Tribes candidates shall be filled by promotion as well as by Direct recruitment from General category candidates. However, in exceptional cases where in the public interest the Appointing Authority feels that it is necessary to fill up the vacant reserved post(s) by promotion from the General category candidates on urgent temporary basis, the Appointing Authority may make a reference to the Department of Personnel and after obtaining prior approval of the Department of Personnel, they may fill up such posts(s) by promoting the General category candidate(s) on urgent temporary basis clearly stating in the promotion order that the General category candidate(s) who are being promoted on urgent temporary basis against the vacant post reserved for Scheduled Castes or the Scheduled Tribes candidates, as the case may be, shall have to vacate the post as and when the candidate(s) of that category become available.]

Rule - [9. Reservation of vacancies for Backward Classes, Special Backward Classes and Economically Backward Classes.?

 

Reservation of vacancies of Backward Classes, Special Backward Classes and Economically Backward Classes shall be in accordance with the provisions of the Rajasthan Scheduled Castes, Scheduled Tribes, Backward Classes, Special Backward Classes and Economically Backward Classes (reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 at the time of direct recruitment. In the event of non-availability of eligible and suitable candidate amongst Backward Classes, Special Backward Classes and Economically Backward Classes in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure.]

Rule - [10. Reservation of vacancies for woman candidates.?

 

Reservation of vacancies for women candidates shall be [30%] category wise in direct recruitment out of which 5% shall be for widow candidates. In the event of non-availability of the eligible and suitable widow candidates in a particular year, the vacancies so reserved for widow candidates shall be filled by other women candidates and in the event of non-availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled [up by male candidates] and such vacancies shall not be carried forward to the subsequent year and the reservation shall be treated as horizontal reservation i.e. the reservation of women candidates shall be adjusted proportionately in the respect category to which the women candidate belong.]

Rule - 11. Reservation of vacancies for Outstanding Sports-persons.?

 

Reservation of vacancies for outstanding sportspersons shall be 2% of the total vacancies outside the purview of the Commission in a year earmarked for direct recruitment. In the event of nonavailability of the eligible and suitable sportspersons in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year. The reservation for sportspersons shall be treated as horizontal reservation and it shall be adjusted in the respective category to which the sportsperson belong.

 

Explanation: - "Outstanding sportspersons" shall mean and include the sports persons belonging to the State who have participated individually or in team, in the Sports & Games recognised by the International Olympic Committee and Indian Olympic Association or in International Championships in Badminton, Tennis, Chess and Cricket recognised by their respective National Level Association, Federation or Board, with the following descriptions for each class of the civil services.

 

Rule - 12. Determination of vacancies.?

 

(1)     (a) Subject to the provisions of these Rules, the Appointing Authority shall determine on 1st April every year, the actual number of vacancies occurring during the financial year.

(b) Where a post is to be filled in by a single method as prescribed in the rules or schedule, the vacancy so determined shall be filled in by that method.

(c) Where a post is to be filled in by more than one method as prescribed in the rules or schedule, the apportionment of vacancies, determined under clause (a) above to each such method shall be done maintaining the prescribed proportion for the over-all number of posts already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota.

(2)     The Appointing Authority shall also determine the vacancies of earlier years year-wise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.

Rule - 13. "Nationality".?

 

A candidate for appointment to service must be ?

 

(a)      a citizen of India, or

 

(b)      a subject of Nepal, or

 

(c)      a subject of Bhutan, or

 

(d)      a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India, or

 

(e)      a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar) Zambia, Malawi, Zaire and Ethopia with the intention of permanently settling in India;

Provided that a candidate belonging to category (b),(c),(d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the [Government in the Department of Home Affairs and Justice after proper verification].

(f)       [Deleted].

Rule - 14. Condition of eligibility of persons migrated from other Countries to India.-

 

Notwithstanding anything contained in these Rules provisions regarding eligibility for recruitment to the service with regard to Nationality, age-limit and fee or other concessions to a person who may migrate from other countries to India with the intention of permanently settling in India shall be regulated by such orders or instructions as may be issued by the State Government from time to time and the same shall be regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

Rule - 15. Age.?

 

A candidate for direct recruitment to any post must have attained the age of 18 years and must not have attained the age of [35 years] on the first day of January, of the year, following the last date fixed for receipt of applications :

Provided that :

 

(1)     that [the upper age limit mentioned above shall relaxed ?

 

(a)      by 5 years in the case of male candidates belonging to the Scheduled Castes and the Scheduled Tribes.]

 

(b)      by 5 years in the case of [women candidate belonging to general category] and Economically backward classes; and

 

(c)      by 10 years in the case of woman candidates belonging to Scheduled Castes, Scheduled Tribes and the [Backward Classes] and Special Backward Classes.

 

(2)     [If a candidate would have been entitled in respect of his/her age for direct recruitment in any year in which no such recruitment was held, he/she shall be deemed to be eligible in the next following recruitment], if he/she is not overage by more than 3 years.

 

(3)     there shall be no restriction as to age for a candidate already serving in connection with the affairs of the State in a substantive capacity, or in a temporary capacity continuously having been so appointed prior to his/ her attaining the age of 33 years;

 

(4)     the upper age-limit for the Ex-service Personnel and the reservists, namely the Defence Service Personnel transferred to the reserve shall be 50 years;

 

(5)     the persons appointed temporarily to a post in the service shall be deemed to be within the age-limit had they been within the age-limit when they were initially appointed even though they have crossed the age-limit when they appear finally before the Commission and shall be allowed upto two chances had they been eligible as such at the time of their initial appointment.

 

(6)     the upper age-limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet instructors if the resultant age does not exceed the prescribed maximum age-limit by more than three years they shall be deemed to be within the prescribed age-limit.

 

(7)     there shall be no age-limit in the case of persons repatriated from East African countries of Kenya, Tanganyika, Uganda and Zanzibar;

 

(8)     the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served under the Government on a substantive basis on any post before his conviction and was eligible for appointment under the rules;

 

(9)     in the case of other ex-prisoner the upper age-limit mentioned above shall be relaxed by a period equal to the terms of imprisonment served by him provided he was not over age before his conviction and was eligible for appointment under the rules;

 

(10)   there shall be no age-limit in case of persons repatriated from Pakistan during the 1971 Indo-Pak war.

 

(11)   the upper age-limit shall be 40 years for direct recruitment in the case of persons serving in connection with the affairs of the State, Panchayat Samitis and Zila Parishads and State Public Sector undertakings/ Corporation in substantive capacity.

 

(12)   there shall be no age limit in the case of widows and divorcee woman.

 

Explanation: - In the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorcee she will have to furnish the proof of divorce.

(13)   [Deleted.]

 

(14)   [the upper age limit mentioned above shall be relaxed by 5 years in the case of candidates belonging to the Other Backward Classes.]

Rule - 16. Academic Qualification.?

 

A candidate for direct recruitment to the post mentioned in column number 2 of Schedule I shall possess:

 

(1)     the qualification and experience as laid down in column number 5 of Schedule I;

 

(2)     working knowledge of Hindi written in Devnagri script and knowledge or Rajasthani culture.

Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency: -

(i)       before appearing in the main examination, where selection is made through two stages of written examination and interview;

 

(ii)      before appearing in interview where selection is made through written examination and interview;

 

(iii)     before appearing in the written examination or interview where selection is made through only written examination or only interview, as the case may be.

Rule - 17. Character.?

 

The character of a candidate for direct recruitment to any post must be such as to qualify him/her for employment in the Service. He/she must produce a certificate of good character from the Principal Academic Officer of the University or College or the School in which he/she was last educated and two such certificates written not more than six months prior to the date of application from two responsible persons not connected with his/her school, college or university and not related to him.

 

Notes 1. - A conviction by a Court of Law need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object the overthrow by violent means of Government as by law established, the more conviction need not be regarded as a disqualification.

Notes 2. - Ex-prisoners who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed should not be discriminated against on grounds of their previous conviction for purposes of employment in the service. Those who are convicted of offences not involving moral turpitude, shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After care Home or if there are no such Homes in a particular district, from the Superintendent of Police of that district.

Notes 3. - Those convicted of offences involving moral turpitude shall be required to produce a certificate from the Superintendent, After care Home, or if there is no such home is a particular district from the Superintendent of Police endorsed by the Inspector General of Prisons, to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct in an After care Home.

Rule - 18. Physical Fitness.?

 

A candidate for direct recruitment to the service, must be in good mental or bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his/ her duties as a member of the service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of a candidate who is already serving in connection with the affairs of the state if he/she has already been medically examined for the previous appointment and the essential standards of Medical Examination of the two posts held by him/her are held to be comparable for efficient performance of duties of the new post and his/her age has not reduced his/her efficiency for the purpose.

Rule - 19. Employment of irregular or improper means.?

 

A candidate who is or has been declared by the Commission/ Appointing Authority guilty of impersonation or of submitting fabricated documents, which have been tempered with or of making statements which are incorrect or false or of suppressing material information or of using or attempting to use unfair means in the examination or of interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview, shall, in addition to rendering himself/herself liable to criminal prosecution, be debarred either permanently or for a specified period -

(a)      by the Commission/Appointing Authority from admission to any examination or appearance at any interview held by the Commission/Appointing Authority for selection of candidates, and

(b)      by the Government from employment under the Government.

Rule - 20. Canvassing.?

 

No recommendation for recruitment either written or oral other than that required under these Rules, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his/her candidature by other means may disqualify him/her for recruitment.

Part - IV

Procedure for Direct Recruitment

Rule - [21. Frequency of the examination.?

 

The Competitive Examination for the post of Stenographer and [Junior Assistant] shall be held every year on such dates and such places as the Commission may order on a requisition from the Government unless intimation to the contrary is received from it:

 

Provided that the Commission may held the Combined Competitive Examination for the vacancies of [Junior Assistant] and Stenographer's under these rules and also under the provisions of the Rajasthan Secretariat Ministerial Services Rules, 1970. A candidate would be entitled to apply for the vacancies in Secretariat as well as in Subordinate Offices for which there shall be one application for the [Junior Assistant] or Stenographer's Combined Competitive Examination and the candidate shall mention his choice for either [Junior Assistant] (Secretariat) or [Junior Assistant] (Subordinate Offices) or Stenographer (Secretariat) or Stenographer (Subordinate Offices), as the case may be, in the application form. Only one examination fee will be payable by the candidate for such Combined Competitive Examination. The Commission shall prepare two lists of such successful candidates. One list shall be in accordance with Rule 22 of the Rajasthan Secretariat Ministerial Service Rules, 1970 and other list shall be under the provisions of Rule 32 and Rule 29 of these rules.]

Rule - 22. Authority for conducting the Competitive Examination.?

 

The Competitive Examination for direct recruitment to the posts mentioned in Schedule - I shall be conducted by the Commission in accordance with these rules.

Rule - 23. Syllabus for Examinations.?

 

The Syllabus for competitive examination for direct recruitment to the post of [Junior Assistant] and Stenographer shall be as specified in Schedule II and III respectively.

Rule - 24. Inviting of application.?

 

The application for competitive examination for [Junior Assistant] and Stenographers shall be invited by the Commission by advertising the posts in such manner, as they may deem fit, and shall be made in such form as 27 they may approve.

[The Advertisement shall contain a clause that a candidate who accepts the assignment on the post being offered to him/her shall be paid monthly fixed remuneration at the rate fixed by the State Government from time to time during the period of probation and the scale of pay of the post as shown elsewhere in the Advertisement shall be allowed only from the date of successful completion of the period of probation mentioned in the said rules:]

Provided that in case of competitive examination [Junior Assistant], a candidate shall be required to state in the application form the name of only one District in which he/she desires to serve.

Rule - 25. Contents of Notice and Instructions connected therewith.?

 

(1)     Subject to the provisions of these Rules notice shall, among other things state : -

 

(i)       number of posts to be filled in as the result of each examination, indicating separately the number of posts reserved for candidates of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Woman Candidates, Physically Handicapped, Sportspersons etc.;

 

(ii)      date of submission of applications for admission;

 

(iii)     qualification required for admission at the examination and the steps to be taken by candidates to establish their eligibility; and

 

(iv)    date and place of examination.

 

(2)     In addition to the notice, the Commission/Appointing Authority, as the case may be, may issue, in such other manner as the Commission/Appointing Authority, as the case nay be, may deem fit, such instructions including the syllabus for the guidance of the candidates.

Rule - 26. Examination fee.?

 

(1)     A candidate for direct recruitment to a post in the Service shall pay to the Commission such fee as is fixed by them, from time to time in such manner, as may be indicated by them.

 

(2)     No claim for the refund of the examination fee shall be entertained nor the fee shall be held in reserve for any other examination except when the advertisement is cancelled by the Commission because of withdrawal of requisition by the Requisitioning Authority or for any other reason in which case the amount shall be refunded;

 

Provided that no claim for the refund of fee shall be entertained after a period of one month from the date of issue of the letter of refund by the Commission to the candidate.

Rule - 27. Admission to the Examination.?

 

(1)     The applications which are found to be incomplete and have not been filled in accordance with the instructions issued by the Commission shall be rejected by them at the initial state. The Commission shall permit rest of those candidates to appear in the examination provisionally to whom they consider it proper to grant the certificate of admission. No candidate shall be admitted to the examination unless he holds the certificate of admission to that examination granted by the Commission. Before appearing at the examination, it should be ensured by the candidate himself/herself that he/she fulfils the condition in regard to age, educational qualifications, experience, if any, etc. as provided in the rules. Being allowed to take the examination shall not entitled the candidate to presumption of eligibility. The Commission shall scrutinise later on the applications of such candidates only as qualify in the written examination.

 

(2)     The decision of the Commission as to the admission of a candidate to an examination and eligibility shall be final.

Rule - 28. Selection to the post of[Junior Assistant].?

 

(1)     The Commission shall prepare merit list of the candidates declared successful in the [[Junior Assistant] Examination]:

Provided that the Commission may, to the extent of 50% of the finally intimated vacancies keep names of the suitable candidates on the reserve list. The names of such candidates may, on receipt of requisition within 6 months from the date on which the original list is forwarded by the Commission to the Government in the Administrative Reforms Department in such manner as the Commission may decide, be recommended in the order of merit to the Government in the Administrative Reforms Department for appointment against additional vacancies;

Provided further that the Commission shall also prepare separate list of the candidates belonging to the Scheduled Castes and the Scheduled Tribes, Other Backward Classes, Woman candidates etc in accordance with the reservation prescribed by the Government from time to time and it shall not be obligatory for the Scheduled Castes and Scheduled Tribes to obtain the percentage of qualifying marks in the type writing test prescribed in these Rules but the marks obtained in the type writing test shall be added to the aggregate marks obtained by them.

(2)     The names of the candidates shall be arranged in the respective lists in the order of aggregate marks obtained by them in the examination.

(3)     [The Commission shall not recommend any candidate who has failed to obtain a minimum of 40% marks in each of the paper of the Phase-I and a minimum of 36% marks in each of the paper of the Phase-II of the competitive examination for the post of Junior Assistant. However, relaxation in Minimum marks upto 5% shall be available in each paper of each phase to Schedule Caste/Scheduled Tribe category candidates.]

 

(4)     The Commission shall send these lists to Administrative Reforms Department of the Government Secretariat who shall notify it for the information of all concerned Appointing Authorities. From out of these lists, Administrative Reforms Department shall allot candidates to various Appointing Authorities on the basis of the position obtained by them in the merit list prepared under sub-rule (1) above and in accordance with the rosters for Scheduled Castes/Scheduled Tribes/Other Backward Classes maintained by the Department. While doing so, the Administrative Reforms Department will try to allot to the candidates the District opted by him/her in the application form, in order of merit as far as possible. In case of non-availability of vacancies in the District opted by a candidate he/she may be allotted any other District of the State. The Appointing Authority shall satisfy himself/herself by making such enquiry as may be considered necessary that such candidates are otherwise suitable in all respect for appointment to the posts.

Rule - 29. Selection for Appointment to the post of Stenographer.?

 

(1)     The Commission shall prepare lists of candidates declared successful in the Stenographer's Competitive Examination. Such a list shall be sent by the Commission to the Administrative Reforms Department in the Secretariat who shall notify them for information of all the Appointing Authorities. From out of such list the Administrative Reforms Department shall allot candidates to various Appointing Authorities in accordance with the rosters maintained in the Department concerned.

 

[Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 40% marks in each of the paper of the Phase-I and a minimum of 36% marks in the paper opted in Phase II of the Competitive examination for the post of Stenographer. However, relaxation in minimum marks upto 5% shall be available if each paper of each phase to Scheduled caste/Scheduled Tribe category candidates.]

(2)     Before making appointment the Appointing Authority concerned shall satisfy himself/herself by making such enquiry as may be considered necessary that such candidates are otherwise suitable in all respects for appointment to the posts of Stenographers.

Rule - 30. Retotalling of the marks.?

 

(1)     The Commission may order retotalling of the marks obtained by a candidate during such period as may be decided by the Commission in their discretion on payment of such fee as may be fixed by the Commission from time to time but evaluation of the answer papers shall not be re-examined.

 

(2)     The Commission may take steps to rectify such mistakes as are detected on re-totalling of the marks as are detected on re-totalling of the marks in pursuance of the provisions of sub-rule (1).

 

(3)     If as a result of such rectification, the Commission discovers that the candidate becomes eligible for selection, such fact shall be immediately and in any case not later than 40 days from the announcement of the result reported to the Government in the Administrative Reforms and to that extent the recommendations of the Commission made under rule 28 and 29 shall stand protanto modified.

Rule - 31. Disqualification for appointment.?

 

(1)     No male candidate who has more than one wife living shall be eligible for appointment to the service unless the Government after being satisfied that there are special grounds permissible under the personal law for doing so, exempt any candidate from the operation of this rule.

 

(2)     No female candidate who is married to a persons having already a wife living shall be eligible for appointment to the service unless the Government after being satisfied that there are special grounds permissible under the personnel law for doing so, exempt any female candidate from the operation of this rule.

 

(3)     No married candidate shall be eligible for appointment to the service if he had at the time of his marriage accepted any dowry.

Explanation. - For the purpose of this rule, 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act, 28 of 1961).

(4)     [No candidate shall be eligible for appointment to the service who has more than two children on or after 1-6-2002.

Provided that the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June, 2002 does not increase.

 

Provided further that where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

 

Provided also that the provisions of this sub-rule shall not be applicable to the appointment of a widow to be made under The Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rule, 1996.]

Part - V

Procedure for appointment by Promotion.

Rule - 32. Constitution of the Committee.?

 

The Constitution of the Committee for selection to the posts in General Wing, and Personnel Wing shall be as specified in Column No.8 of Schedule - I ?

 

Provided that in case any Member or Member Secretary, as the case may be, constituting the Committee has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the Member-Secretary as the case may be, of the Committee.

Rule - [33. Criteria, Eligibility and Procedure for Promotion to the post of the Service.?

 

(1)     As soon as the Appointing Authority determines the number of vacancies under rule regarding determination of vacancies of these rules and decides that a certain number of posts are required to be filled in by promotion, it shall subject to the provisions of sub-rule (6), prepare a correct and complete list of the senior most persons who are eligible and qualified under these rules for promotion on the basis of seniority-cum-merit or on the basis of merit to the class of posts concerned.]

 

(2)     The persons enumerated in the relevant column regarding post from which promotion is to be made, of the relevant Schedule shall be eligible for promotion to posts specified against them in column 2 there of to the extent indicated in column 3 subject to their possessing minimum qualifications and experience on the first day of the month of April of the year of selection as specified in the relevant column regarding minimum qualification and experience for promotion.

 

(3)     No person shall be considered for first promotion in the service unless he is regularly selected on the post from which promotion is to be made in accordance with one of the methods of recruitment prescribed under the provisions of these rules.

 

Explanation. - In case direct recruitment to a post has been made earlier than regular selection by promotion in a particular year such of the persons who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.

(4)     No person shall be considered for promotion for five recruitment years from the date on which his promotion becomes due, if he/ she has more than two children on or after 1st June, 2002.

Provided that ?

 

(i)       the persons having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June, 2002 does not increase.

 

(ii)      where a Government servant has only one child from the earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

 

(5)     Selection for promotion on the post included in the service shall be made on the basis of seniority-cum-merit.

 

Provided that promotion on the highest post in the state service if it is at least third promotion shall be made on the basis of merit alone.

 

Provided further that if the Committee is satisfied that suitable persons are not available for selection by promotion to the highest post(s) strictly on the basis of merit in a particular year, selection by promotion to the highest post(s) on the basis of seniority cum merit may be made in the same manner as specified in these rules.

 

(6)     The Zone of consideration of persons eligible for promotion shall be as under ?

 

(ii) ??Where, the number of eligible persons for promotion to higher post is less than the number specified above, all the persons so eligible shall be considered.

(iii) ?Where, adequate number of the candidates belonging to the Scheduled Castes or the Schedule Tribes, as the case may be, are not available within the zone of consideration specified above, the zone of consideration may be extended up to seven times the number of vacancies and the candidates belonging to the Scheduled Castes or the Schedule Tribes, as the case may be (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.

(iv) For any post in the service:

(a)      If promotion is from more than one categories of posts in the same pay scale, eligible persons up to two in number from each category of posts in the same pay scale shall be considered for promotion;

 

(b)      If promotion is from more than one categories of posts carrying different pay scales, eligible persons in the higher pay scale shall be considered for promotion first and if no suitable person is available for promotion on the basis of merit or seniority cum merit, as the case may be, in the higher pay scale than only the eligible persons of other categories of posts in lower pay scales shall be considered for promotion and so on and so forth. The zone of consideration for eligibility in this case shall be limited to five senior most eligible persons in all.

 

(7)     Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these rules.

(8)     The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of post(s) concerned under these rules and shall prepare a list containing names of the persons found suitable on the basis of seniority cum-merit or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these rules equal to the number of vacancies determined under these rules. The list so prepared on the basis of seniority-cum-merit and / or on the basis of merit, as the case may be, shall be arranged in the order of seniority of the category of post(s) from which selection is made.

(9)     The Committee may also prepare a list on the basis of seniority-cum-merit or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these rules, containing names of persons not exceeding the number of persons selected in the list prepared under sub rule (8) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit or on the basis of merit shall be arranged in the order of seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the year for which the meeting of the Committee is held.

 

(10)   Lists prepared under sub rule (8) and (9) shall be sent to the Appointing Authority together with Annual Confidential Reports/ Annual Performance Appraisal Reports and other Service Records of all the candidates included in the Lists as also of those not selected, if any.

Explanation: - For the purpose of selection for promotion on the basis of merit, no person shall be selected if he does not have "Outstanding" or "Very Good" record of at least four out of seven years preceding the year for which the meeting of the Committee is held.

(11)   If in any subsequent year, after promulgation of these rules vacancies relating to any earlier year are determined under these rules which were required to be filled in by promotion, the Committee shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which meeting of the Committee is held and such promotion shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate and the Service/ Experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion, but no arrears of pay shall be allowed to him.

 

(12)   The Government or the Appointing Authority may order for the review of the proceedings of the Committee held earlier on account of some mistake or error apparent on the face of record, or on account of a factual error substantially affecting the decision of the Committee or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies judgment/direction of any Court or Tribunal, or where adverse entries in the Confidential Reports of an individuals are expunged or toned down or a punishment inflicted on him is set aside or reduced. The concurrence of the Department of Personnel and the Commission (where Commission is associated) shall always be obtained before holding the meeting of the review committee.

 

(13)   Where consultation with the Commission is necessary the lists prepared by the Committee shall be forwarded to the Commission by the Appointing Authority along-with the Personal Files and Annual Confidential Rolls/Annual Performance Appraisal Reports of all the persons whose name have been considered by the Committee.

 

(14)   The Commission shall consider the lists prepared by the Committee along-with other relevant documents received from the Appointing Authority and unless any change is considered necessary, shall approve the lists. In case the Commission consider it necessary to make any change in the lists received from the Appointing Authority, it shall inform the Appointing Authority of the changes proposed by it. After taking into account the comments of the Commission, if any, the Appointing Authority may approve the lists finally with such modifications, as may in it's opinion, be just and proper and when the Appointing Authority is an authority subordinate to the Government, the lists approved by the Commission shall be disturbed only with the approval of the Government.

 

(15)   Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule

 

(16)   in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised or remain in force, as the case may be.

 

(17)   The Government may issue instructions for provisionally dealing with the promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension, or against whom departmental proceedings is under progress, at the time promotions are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings.

 

(18)   The Provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provision of these Rules.

Rule - 34. Restriction of promotion of persons foregoing promotions.?

 

In case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendation of the Departmental Promotion Committee, forgoes such an appointment through his written request and if the concerned Department/office accepts his/her request, the person concerned shall be debarred for consideration for promotion (both on the basis of urgent, temporary appointment or on regular basis) for subsequent two recruitment years for which the Departmental Promotion Committee is held and the name of such person who forgoes promotion shall not be included in the seniority-cum-eligibility list to be placed before the Departmental Promotion Committee for subsequent two recruitment years.

Rule - 35. Special provision for posting on promotion of Scheduled Caste/ Scheduled Tribe candidates.?

 

Notwithstanding anything contained in these Rules, a person belonging to the Scheduled Caste or the Scheduled Tribe promoted to higher post in the service may be posted by the Appointing Authority in a District or Zone or Range or Division, other than his/her Home District or Zone or Range or Division.

Provided that: -

 

(i)       for purpose of promotion to higher post, for the persons belonging to Scheduled Castes/Scheduled Tribes, subject to provision contained in rule relating to seniority the inter-se-seniority on lower post shall be determined at State Level;

 

(ii)      in case a person belonging to Scheduled Castes/Scheduled Tribes is promoted on higher post and posted by the Appointing Authority against a vacancy available in District or Zone or Range or Division other than the Home District or Zone or Range or Division, he/she shall be eligible for transfer to his/her Home District or Zone or Range of Division, only when he/she has served for a period not less than five years in the District or Zone or Range or Division in which he/she has been posted on promotion to higher post;

 

(iii)     in case a person belonging to Scheduled Castes/Scheduled Tribes, does not want his/her promotion in another District or Zone or Range or Division, in that event a chance shall be extended for promotion to higher post by the Appointing Authority to the next junior persons;

 

(iv)    in case if in a District or zone or Range or Division, the persons belonging to Scheduled Castes/Scheduled Tribes, are not available for promotion to higher post against reserved vacancies in that event such reserved vacancies shall be filled in from amongst the persons belonging to the Scheduled Castes or the Scheduled Tribes, available in another District or Zone or Range or Division.

Rule - 36.

 

[***]

 

Part - VI

Probation and Confirmation

Rule - 37. Seniority.?

 

(1)     [Seniority of persons appointed to the post encadred in the service shall be determined from the date of appointment on the post after regular selection in accordance with the provisions of these rules. Appointments on ad hoc or urgent temporary basis shall not be deemed to be appointment after regular selection.]

 

Provided that ?

 

(i)       the seniority inter se of the persons appointed by direct recruitment to the post of [Junior Assistant] & Stenographer on the result of one and the same examination except those who do not join service when a vacancy is offered to them, shall follow the order in the list prepared under rule 28 and 29 respectively.

 

(i-a) if two or more persons are appointed to the service during the same year a person appointed by promotion shall be senior to a person appointed by direct recruitment.

(ii)      the persons selected and appointed as a result of selection, which is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection. Seniority inter se of persons selected on the basis of seniority-cum-merit in the same selection shall be the same as in the next below grade;

 

(iii)     notwithstanding anything contained to the contrary in substantive part of rule 39, in case of a person holding a post mentioned in Schedule I in a Department and has been transferred from one Department to another on the corresponding post in the cadre concerned at his/her own request in accordance with the provisions of these Rules the inter se seniority of such person visa- vis persons of the Department in which such person has been taken on transfer at his/her own request shall be determined from the date he/she joins the new Department on the post concerned ;

 

(iv)    the seniority of persons promoted on the post of Administrative Officer shall be of the same as determined by the Committee as per list prepared by it.

 

(v)      the seniority of each of the posts of the ministerial staff of the offices of the Board of Revenue, Divisional Commissioners and District Collectorates shall be maintained separately but the Chairman, Board of Revenue shall act as the Controlling Authority.

 

(vi)    in special exigencies of the service, the Chairman, Board of Revenue shall be competent to temporarily transfer an official from one District to other District on the same post;

 

(vii)   in special exigencies of the service the Divisional Commissioner shall be competent to temporarily transfer an official from one District to other District on the same post within the Division.

 

(viii)  Notwithstanding anything contained in proviso (v), the official so transferred shall continue to retain his lien, seniority and right of promotion in his parent office and in case such person attains the age of superannuation while working in other office, the vacancy caused by his retirement shall, for the purpose of appointment and promotion, be deemed to have occurred in his parent office.

 

(ix)    [Deleted.]

 

(x)      [Deleted.]

 

(xi)    [the inter-se seniority of the persons screened under proviso added by these amendment rules in rule relating to method of recruitment, shall be determined according to the length of continuous service after their irregular appointment. These persons shall rank junior to the persons appointed regularly before the commencement of these amendment rules.]

 

(2)     Subject to the provisions contained in sub-rule(1) in case powers of Appointing Authority have been delegated by the Head of Department concerned with the approval of the Government to the District/Divisional/Zonal/Regional/Range Level Authority for appointment and/or promotion to the categories of posts of Ministerial cadre of a Department, the seniority of persons appointed by such an authority shall be determined on the basis of District/ Divisional/Zonal/ Regional/ Range basis;

 

Provided that in case such persons are transferred by the Head of Department concerned from District/ Division/ Zone /Region /Range /Department to another District/ Division/ Zone/ Region/ Range/ Department on the same post in accordance with the provisions contained in proviso (iii) to sub-rule (i) or on higher posts in accordance with the provisions of these Rules the official so transferred shall continue to retain his lien, seniority and right of promotion in his parent

District/Division/Zone/Region/Range/Department and in case such persons attain the age of superannuation while working in another District/ Division/ Zone/ Region/ Range/ Department, as the case may be, the vacancy caused by their retirement shall, for the purpose of appointment and promotion, be deemed to have occurred in their parent District/ Division/ Zone/ Region/ Range/Department, as the case may be.

Rule - [37A. Urgent temporary appointment.?

 

(1)     A vacancy in the service which cannot be filled in immediately either by direct recruitment or by promotion under these rules may be filled in by the Government or by the Government or by the Authority competent to make appointment, as the case may be, by appointment in an officiating capacity thereto a person eligible for appointment to the post by promotion or by appointing temporarily thereto a person eligible for direct recruitment to the service where such direct recruitment has been provided under the provisions of these rules:

 

Provided that such an appointment shall not be continued beyond a period of one year without referring the case to the Commission for concurrence, where such concurrent is necessary and shall be terminated immediately on its refusal to concur;

 

Provided further that in respect of the service or a post in the service for which both the methods of recruitment have been prescribed, the Appointing Authority competent to make appointment shall not, save with the specific permission of the Government in the Administrative Department concerned fill the temporary vacancy against the direct recruitment quota by a whole time appointment for a period exceeding three months, otherwise than out of person eligible for direct recruitment and after a short term advertisement.

 

(2)     In the event of non-availability of suitable persons fulfilling the requirements of eligibility for promotion, Government may notwithstanding the condition of eligibility for promotion, Government may notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall however be subject to concurrence of the Commission, as required under the said sub-rule.]

Rule - [38. Period of Probation.?

 

(1)     A person entering the service by Direct Recruitment against a clear vacancy shall be placed as Probationer-trainee for a period of 2 years.

 

Provided that any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.

(2)     During the period of probation specified in sub-rule (1), each probationer trainee may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify.]

 

(3)     [The period spent as probationer trainee shall not be counted for experience and eligibility for promotion.]

Rule - [38A. Pay during probation.?

 

A probationer trainee appointed to the service by direct recruitment, shall be paid monthly fixed remuneration during the period of probation at such rates as may be fixed by the Government from time to time:

 

Provided that an employee having been regularly selected as per provisions of recruitment rules in the Government service may be allowed emoluments in his/her own pay scale in the existing pay scale of the post during service as probationer trainee or fixed remuneration of the new post, which ever is advantageous to him/her.]

Rule - 39. Confirmation in certain cases.?

 

(1)     Notwithstanding anything to the contrary contained in the preceding rules a person appointed to a post in the service temporarily or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these Rules, has not been confirmed, within a period of six months on completion of a period of two year's service in case he is appointed by direct recruitment or within a period of one year's service in case he is appointed by promotion, shall be entitled to be treated as confirmed in accordance with his seniority, if ?

 

(i)       he has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training;

(ii)      he fulfils conditions as are prescribed under rule relating to confirmation subject to the quota prescribed under these Rules; and

 

(iii)     permanent vacancy is available in the Department.

 

(2)     If an employee referred to in sub-rule (1) above fails to fulfil the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probationer under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfil the conditions mentioned in sub-rule(1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled.

 

(3)     The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of services.

 

(4)     The reasons for not confirming any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.

 

Explanation. - (i) Regular recruitment for the purpose of this rule shall mean ?

 

(a)      appointment by either method of recruitment or on initial constitution of service in accordance with the Rules made under the proviso to Article 309 of the Constitution of India;

 

(b)      appointment to the posts for which no Service Rules exists, if the posts are within the purview of the Commission, recruitment in consultation with them;

 

(c)      appointment by transfer after regular recruitment where the Service Rules specifically permit;

 

(d)      persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited; Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision.

(ii) persons who hold lien on another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary, they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.

Rule - 40. Unsatisfactory progress during probation.?

 

(1)     If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that a member of the Service has not made sufficient use of his opportunities or that he has failed to give satisfaction the Appointing Authority may revert him, to the post held substantively, by him/her immediately preceding his appointment, provided he holds a lien thereon or in other cases may discharge or terminate him from service.

 

Provided that the Appointing Authority may if it so think fit in any case or class of cases, extend the period of probation of any member of service by a specified period not exceeding two years in case of person appointed to a post in the service by direct recruitment and one year in the case of person appointed by promotion/special selection on such post;

Provided further that the Appointing Authority may, if it so thinks fit in case of persons belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, extend the period of probation by a period not exceeding one year at a time and a total extension not exceeding three years;

(2)     Notwithstanding anything contained in the above proviso, during the period of probation, if a probationer, is placed under suspension, or disciplinary proceedings are contemplated or started against him, the period of his probation may be extended till such period the Appointing Authority thinks fit in the circumstances.

 

(3)     A probationer reverted or discharged from service during or at the end of the period of probation under sub-rule (1) shall not be entitled to any compensation.

Rule - 41. Confirmation.?

 

A probationer shall be confirmed in his appointment at the end of the period of his probation, if -

(a)      he has passed the departmental examination and has successfully undergone such training as is referred to in sub-rule (2) of rule 39;

 

(b)      he has passed a department test of proficiency in Hindi; and

 

(c)      the Appointing Authority is satisfied that his integrity is unquestionable and that he is other wise fit for confirmation.

Part - VII

Scale of Pay

Rule - 42. Scale of Pay.?

 

The scale of monthly pay of a person appointed to the posts in the various cadres shall be such as may be sanctioned by the Government from time to time.

Rule - 43.

 

[Deleted.]

 

Rule - 43A.

 

[Deleted.]

 

Rule - 44. Regulation of pay, leave, allowances, pension etc.?

 

Except as provided in these Rules the pay, leave, allowances, pension and other conditions of service of a member of the service shall be regulated by -

(1)     The Rajasthan Service Rules, 1951, as amended from time to time.

 

(2)     The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended from time to time.

 

(3)     The Rajasthan Travelling Allowances Rules, 1971 as amended from time to time.

 

(4)     The Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 or 1998 as amended from time to time.

 

(5)     The Rajasthan Civil Services (Pension) Rules, 1996 as amended from time to time.

 

(6)     Any other rules prescribing general conditions of a service made by the Appointing Authority under the proviso to Article 309 of the Constitution of India and for the time being in force.

Rule - 45. Repeal and saving.?

 

All Rules and orders in relating to matter covered by these rules stand superseded but any action taken under or in pursuance of such existing rules and orders shall be deemed to have been taken under these Rules.

Rule - 46. Power to relax rules.?

 

In exceptional cases where the Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these Rules with respect to age or experience of any persons, it may with the concurrence of the Department of Personnel by order dispense with or relax the relevant provisions of these Rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner provided that such relaxation shall not be less favourable than the provisions already contained in these Rules.

 

Provided that relaxation in the prescribed period of service or experience under this rule shall only be granted to the extent of 1/3 period of the service or experience prescribed for promotion to any post before holding the meeting of the Departmental Promotion Committee.

Schedule ? I

 

Schedule - II

[Scheme and Syllabus of The Competitive Examination]

For the Post of [Junior Assistant]

 

Scheme of Examination: - The Competitive Examination shall include the following papers and each paper shall carry the number of marks as shown against it, namely: -

 

Explanation: - (1) "Persons with disabilities" means a person who is eligible for appointment on the post of [Junior Assistant] under the provisions of the Rajasthan Employment of the persons with Disabilities Rules, 2000.

(2) In proof of being so disabled, the candidate shall be required to submit a certificate issued by an officer not below the rank of Chief Medical and Health Officer at the time of submitting his application to the Commission for appearing in the examination.

(3) The standard of the papers will be that of the Secondary Examination of the Board of Secondary Education, Rajasthan. The syllabus and scope of each paper for the examination will be as prescribed by the Commission from time to time and will be intimated to the candidates within the stipulated time in the manner as the Commission deem fit.

(4) The Competitive Examination will be held in two phases- Phase-I & Phase-II. All the papers of Phase-I will be of objective type.

[(5) Candidates securing minimum 40% marks in the each of the paper Phase-I, shall only be admitted to the Phase-II subject to three times the number of advertised vacancies but in the said range all those candidates who secure the same percentage of marks shall be included. However, relaxation in minimum marks upto 5% shall be available in each paper of each phase to Scheduled Caste/Scheduled Tribe category candidates.]

(6) The marks obtained by a candidate in the Phase-I and Phase-II of the examination will be counted for determining their final order of merit.

(7) It will be necessary for a candidate to do typing work on the computer and he will bring his own computer, pen and pencil for the test."

Schedule - III

Scheme and Syllabus for the Competitive Examination

For the Post of Stenographer

 

1. Scheme of examination: -

 

[The Competitive Examination shall include the following papers and each paper shall carry the number of the marks as shown against it.

 

Explanation: - 1. The standard of the papers will be that of the Secondary Examination of the Board of Secondary Education, Rajasthan. The syllabus and scope of each paper for the examination will be as prescribed by the Commission from time to time and will be intimated to the candidates within the stipulated time in the manner as the Commission deem fit.

2. The Competitive Examination will be held in two phases- Phase-I & Phase-II. All the papers of Phase-I will be of objective type.

[3. All Candidates secure minimum 40% marks in each of the paper of Phase-I, shall only be admitted to the Phase-II subject to three times the number of advertised vacancies but in the said range all those candidates who secure the same percentage of marks shall be included. However, relaxation in minimum marks upto 5% shall be available in each paper of each phase to Scheduled Caste/Scheduled Tribe category candidates.]

4. The marks obtained by a candidate in the Phase-I and Phase-II of the examination will be counted for determining their final order of merit.

5. It will be necessary for a candidate to do typing work on the computer and he will bring his own computer, pen and pencil for the test."