In exercise of the powers conferred by
sub-section (1) of Section 2 of the Kerala Public Services Act, 1968 (19 of
1968), read with Section 3 thereof, the Government of Kerala hereby make the
following rules further to amend the Special Rules for the Personal Staff of
the Ministers, the Leader of the Opposition and the Government Chief Whip
issued by Notification under G. O. (Ms.) No. 343/Public Department (Rules),
dated the 3rd March, 1959 and published in Part I of the Kerala Gazette No. 11
dated the 17th March, 1959, namely: (1)
These
rules may be called the Special Rules for the Personal Staff of Ministers, the
Leader of the Opposition and the Government Chief Whip (Amendment) Rules, 2021. (2)
(a)
clause (a) of sub-rule (2) of Rule 2 shall be deemed to have come into force on
1st day of April, 1982; (b) clause (b) of sub-rule (2) of Rule 2
shall be deemed to have come into force on 26th day of March, 2012; (c) clause (c) of sub-rule (2) of Rule 2
shall be deemed to have come into force on 1st day of April, 2013; (d) sub-rule (1) of Rule 2 shall be deemed to
have come into force on 1st day of June, 2016. In the Special Rules for the Personal Staff
of Ministers, the Leader of the Opposition and the Government Chief Whip, (1)
after
Rule 1, the following rule shall be inserted, namely: "(1 A) In addition
to the categories specified in Rule 1 the Chief Minister shall have the right
to appoint additional categories of persons and their staff, not exceeding 7 in
aggregate, in the personal staff of Chief Minister." (2)
in
Rule 9 (a)
for
sub-rule (1), the following sub-rule shall be substituted, namely: "(1) Persons appointed by direct recruitment to the
personal staff of Ministers, the Leader of the Opposition and the Government
Chief Whip having a minimum service of three years shall be eligible for
pension. Qualifying service for maximum pension shall be 30 years. Personal
Staff service after the age of 56 years shall also be reckoned as qualifying
service for Personal Staff Pension." (b)
in
sub-rule (6) for clause (a), the following clause shall be substituted, namely: "(a) A person relieved from the personal staff on or
before the age of 56 after completing the qualifying service for pension shall
be eligible for commutation of 40% of basic pension at the rate of 11.10
commutation factor. Restoration period of commutation shall be 12 years with
effect from the date of commutation. Persons appointed in the personal staff
after the age of 56 years shall not be eligible for this benefit provided,
persons appointed in the personal staff before the age of 56 years and continue
after 56 years of age without break in service shall be eligible for
commutation at the time of his retirement/relief from service, as per the
commutation factor rules in-force from time to time." (c)
for
sub-rule (8), the following sub-rule shall be substituted, namely: "(8) A pensioner under this scheme on re-appointment
in Government Service, Co-operative Societies or Public Sector Undertakings or
Autonomous Bodies or re-employed in personal staff shall not get pension during
the period of appointment/re-employment. However, if he is re-appointed in
Government Service before 1st April, 2013 or re-employed in personal staff
thereafter pension shall be revised taking into account his previous service in
the Personal Staff also as and when his re-appointment terminates or when he
retires from service, as the case may be, if the gratuity already drawn is
re-funded. Persons who are having Personal Staff service before 1st April, 2013
on being appointed in the State Government Service after 1st April, 2013 with
break in service will be placed under the Contributory Pension Scheme and they
will be entitled to Personal Staff Pension after the age of retirement from
Government Service, decided from time to time. Persons who are having Personal
Staff service prior to 1st April, 2013 and got relieved from personal staff to
join Government Service without break in service will be placed under Statutory
Pension Scheme and their prior service in the personal staff shall be treated
as eligible service for statutory pension."SPECIAL
RULES FOR THE PERSONAL STAFF OF MINISTERS, THE LEADER OF THE OPPOSITION AND THE
GOVERNMENT CHIEF WHIP (AMENDMENT) RULES, 2021
PREAMBLE