THE CHHATTISGARH SCHOOL EDUCATION GAZETTED SERVICE (SCHOOL LEVEL SERVICE) RECRUITMENT AND PROMOTION RULES, 2008

 

PREAMBLE

In exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh hereby makes the following rules relating to the recruitment to the Chhattisgarh School Education Gazetted Services namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008.

(2)     It shall come into force with effect from the date of its publication in the "Chhattisgarh gazette".

Rule - 2. Definitions.

In these rules, unless the context otherwise, requires;

(a)      "Appointing Authority" means in respect of the service of the State Government;

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

(c)      ''Government" means the Government of Chhattisgarh;

(d)      "Governor" means the Governor of Chhattisgarh;

(e)      Schedule" means the Schedule appended to these rules;

(f)       "Scheduled Caste" means the Scheduled Caste as specified in relation to this State under Article 341 of the Constitution of India;

(g)      "Scheduled Tribe" means the Scheduled Tribe as specified in relation to this State under Article 342 of the Constitution of India;

(h)     "Other Backward Class" means the backward classes of citizen as specified by the notification number F-85 (XXV)/4/84 dated 26th December, 1984 as State Government vide amended lime to time;

(i)       "Service" means the Chhattisgarh School Education Gazetted Service (School Level Service);

(j)       "Director" means Director, Public Education Chhattisgarh;

(k)      "State" means the State of Chhattisgarh;

Rule - 3. Scope and Application.

Without prejudice to the generality of the provisions contained in the Chhattisgarh Civil Services (General Conditions of Service) Recruitment Rules, 1961, these rules shall apply to every member of the Service.

Rule - 4. Constitution of the Service.

The Service shall consist at the following persons namely:

(i)       Persons who at the commencement of these rules are holding substantively or in an officiating capacity the post specified in the schedule;

(ii)      Person recruited to the service before the commencement of these rules;

and

(iii)     Persons recruited to the service in accordance with the provisions of these rules;

Rule - 5. Classification, Scale of Pay etc.

The classification of the service the scale of pay attached thereto number of post included in the service and it shall be in accordance with the provisions contained in the Schedule 1:

Provided that the Government may from time to time add to or reduce the number of posts included in the service either on a permanent or temporary basis.

Rule - 6. Method of Recruitment.

(1)     Recruitment to the service after the commencement of these rules shall be done by the following methods, namely:

(a)      Through direct recruitment by selection holding competition examination;

(b)      By promotion of member of the service;

(c)      By transfer of persons who hold in a substantive capacity in such post in such services, as may be specified in this behalf;

(2)     The number of persons recruited under clause (b) or clause (c) of sub-rule (1) shall not at any time exceed the percentage shown in Schedule II of the number of duty post, as specified in Schedule I;

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the services as may be required to be filled during any particular period of recruitment and the number of persons to be recruited by each method shall be determined in each occasion by the Government in consultation with the commission.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, the Government may, with the approval of the General Administrative Department, adopt such methods of recruitment to the service other than those specified in sub-rules as it may, by order issued in this behalf prescribe.

(5)     During the time/period of recruitment the provisions would be in accordance to the "Chhattisgarh Public Service Commission (Scheduled Caste, Scheduled Tribe and Other Backwards Classes Reservation) Act, 1994".

Under this act, orders issued from lime to time by the General Administrative Department shall also be applicable.

Rule - 7. Appointment to post in the Service.

All appointments to the service after the commencement of these rules shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment specified in Rule 6.

Rule - 8. Conditions of eligibility for direct recruitment.

In order to be eligible to be selected and compete in the examination candidate must satisfy the following conditions, namely:

(1)     Age:

(a)      He must have attained the age prescribed in column (3) of Schedule III and not attained the age given as in column (4) of Schedule 3 on the 1st day of January next following the date of the commencement of selection/Examination;

(b)      The upper age limit shall be relaxed up to a maximum of 5 years if a candidate belongs to a Scheduled Caste, Scheduled Tribe;

(c)      The upper age limit for female candidates shall also be relaxed up to 10 years on all duty post of direct recruitment but an additional relaxation of 5 years in general upper age limit shall be given to widow, destitute or divorced female candidates.

(d)      The upper age limit shall also be relaxed in respect of candidates who are or have been employees of Chhattisgarh Government to the extent and Subject to the conditions specified below.

(i)       A candidate who is a permanent Government servant of Chhattisgarh should not be more than 38 years of age.

(ii)      A candidate holding a temporary post, including work charged employees, person getting pay from contingency and person empowered in project implementation committee, applies for any other post should not be more then 38 years of age.

(iii)     A candidate who is retrenched Government servant shall be allowed to deduct from his/her age period of all temporary services previously rendered by him/her up to a maximum limit of 7 (seven) years even if it represents more then one spell provided that the resultant age does not exceed the upper age limit by more than 3 years.

Explanation. The term retrenched Government servant denotes a person who was in temporary service of the State or of any of the constituent units for the continuous period of not less than six months and who was discharged because of reduction in establishment not more than three years prior to the date of his registration at the employment exchange or of application made otherwise for employment in Government service.

(iv)    A candidate who is an Ex-serviceman shall be allowed to deduct from his age the period of all defence service previously rendered by him, provided that the resultant age does not exceed the upper age limit by more than 3 (three) years.

 Explanation. The term "'Ex-serviceman" denotes a person who belonged to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who was retrenched or declared surplus as a result of the recommendation of the economy unit due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or of application made otherwise for employment in Government service

(1)     Ex-serviceman (military) released under mustering out concession.

(2)     Ex-serviceman (military) enrolled for the second time and discharged on

(a)      Completion of short terms engagement.

(b)      Fulfilling the condition of enrolement.

(3)     Ex-personnel of Madras Civil Unit.

(4)     Officers (military and civil) discharged on completion of their contract (including short service regular commissioned officers).

(5)     Officer discharged after working for more than six months continuously against leave vacancies.

(6)     Ex-serviceman invalided out of service.

(7)     Ex-serviceman discharged on the ground that they are unlikely to become efficient soldiers.

(8)     Ex-serviceman who are medically boarded out on account of Gun shot Wounds etc.

(v)      The upper age limit shall be relaxable up to two years in respect of Green card holder candidates under the Family Welfare Programme;

(vi)    The upper age limit shall be relaxable up to 5 years in respect of awarded superior caste partner of a couple under the Inter-Caste Marriage incentive scheme. Chhattisgarh Inter-Caste Marriage Promotional Scheme for Untouchability Eradication Rule, 1984 (Chhattisgarh Asparashyata Nivaran Anterjatiya Vivah Protsahan Yojna Niyam, 1984);

(vii)   The upper age limit shall be relaxable up to 5 years in respect of Shaheed Rajeev Pandey Award, Gundadhur Award, Maharaja Praveer Chandra Bhanjdev Samman holder candidates and National Youth Award holder young candidates;

(viii)  The upper age limit shall be relaxable up to maximum of 38 years of age in respect of candidates who are the employee of Chhattisgarh State Corporation/Boards;

(ix)    The upper age limit shall be relaxable in the case of Home Guards and Non-Commissioned Officers of Home Guards for the period of service rendered so by them subject to the limit of 8 years but in no case their age should exceed 38 years;

Note. Candidates who are admitted to examination/selection under the age concession mentioned in sub-rule (I) and (II) above shall not be eligible for appointment if after submitting the application they resign from service either before or after taking the examination. They will however continue to be eligible if they are retrenched from the service or post after submitting the application.

(x)      Departmental candidates must obtain previous permission of the appointing authority to appear in the examinations;

(xi)    After providing relaxation in the age limit on the basis of any one or more of the above for entering in Government Service, the age limit of 45 years shall not exceed;

(xii)   Directions issued by the General Administration Department of the Government from time to time also shall be applicable;

(2)     Educational Qualifications.

The candidate must possess the educational qualifications prescribed for the service as shown in Schedule III.

(3)     Fee.

Candidate would have to pay fee prescribed by the commission.

Rule - 9. Disqualification.

Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by the Commission to disqualify him/her for selection to the examination.

Rule - 10. Commission's decision about the eligibility of candidates shall be final.

The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination/selection shall be final and no candidate to whom a certificate of admission has not been issued by the Commission shall be interviewed by the Commission;

Rule - 11. Direct Recruitment by competitive examination,

(1)     A competitive examination for the recruitment to the service shall be held at such intervals as the Government may in consultation with the commission from time to time determine;

(2)     The examination shall be conducted by the Commission in accordance with such orders as the Government may from time to time issue in consultation with the Commission;

(3)     15 percent, 18 percent and 14 percent of the available vacancies for direct recruitment shall be reserved for candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes respectively;

(4)     At the time of recruitment in the service, the provision of the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribe and Other Backward Classes Reservation) Act 1994 and the directions issued under the Act by the General Administration Department of the Government from time to time shall be applicable; 30 percent of the available vacancies for direct recruitment shall be reserved for women candidates and such reservation will be horizontal and compartment wise. Posts will be filled according to roster determined by the Government.

(5)     In filling the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appear in the list referred in the rule 12 irrespective of their relative rank as compared with other candidates;

(6)     Candidates belonging to the Scheduled Castes or the Scheduled Tribes declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration, may be appointed to the vacancies reserved for the candidates of the Scheduled Castes or the Scheduled Tribes and Other Backward Classes as the case may under sub-rule (3);

(7)     If a sufficient number of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filling all the vacancies reserved for them, the remaining vacancies shall be re-advertised twice and selection is to be made by interviews exclusively for these candidates. If even after re-advertisement, any vacancies remain unfilled, these shall be filled from among the general candidates and an equivalent number of additional vacancies shall be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes as the case may be, during the subsequent selection:

Provided that the total number of vacancies reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes (including the vacancies carried forward) shall not at any time exceed forty five percent of the total vacancies advertised.

(8)     Where certain period of experience has been prescribed as an essential condition for filling the posts by direct recruitment and in the opinion of Public Service Commission it is found that the sufficient number of Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates having requisite experience are not likely to be available for recruitment on the reserved posts then the Public Service Commission may relax the condition of experience in respect of-Scheduled Castes/Scheduled Tribes candidates and Other Backward Classes.

Rule - 12. List of candidates recommended by the commission.

(1)     The commission shall forward to the Government, a list arranged in order of merit of the candidates who have qualified by such standards as the commission may determine and of the candidates belonging to Scheduled Castes and Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, are declared by the Commission to the suitable for appointment to the service with due regard to maintenance of efficiency of administration. The list shall also be published for general information.

(2)     Subject to the provisions of these rules and of the Chhattisgarh Civil Service (General Condition and Service) Rules, 1961 and candidate shall be considered for appointment to the available vacancies in the order in which their names appear in the list.

(3)     Inclusion of a candidate's name in the list confers no right to appointment unless the Government is satisfied, after such enquiry as may be considered necessary that the candidate is suitable in all respects for appointment to the service.

Rule - 13. Appointment by Promotion.

(1)     There shall be constituted a committee consisting of members mentioned in Schedule IV for making preliminary selection for promotion of eligible candidates.

(2)     The committee shall meet at intervals ordinarily not exceeding one year.

(3)     Reservation in promotion shall be made in accordance with the provisions of Chhattisgarh Public Services Promotion Rules 2003 and as per model roster.

(4)     Procedure for making promotion in the reserved vacancies shall be made in accordance with sub-rule (3) and the instructions issued by the General Administrative Department of the Government from time to time.

Rule - 14. Conditions of eligibility for promotion/Transfer.

(1)     The committee shall consider the case of all those persons as in column (2) of Schedule IV who on the 1st day of January of that year had completed such period of service (whether officiating or substitutive) in the post/service mentioned in column (3) of Schedule IV and are within the zone of consideration.

Explanation Method of complete eligibility for promotion.(1) The related year in which the Departmental Promotion Committee in convened on the 1st January they shall be calculated from the calendar year which the Public Servant has come in to the pay scale of respective feeder cadre/part of service/post, and not for the date of coming in the pay scale of the feeder cadre service/part of service/post:

Provided that after appointment to the service of the released officers of emergency and short service commission after their appointment in the service, shall be counted from the date from which they have been appointed in accordance with the General Administration Department Memo No. 2266-1987-I(3)-67, dated 21st October, 1967:

Provided further that any junior person shall be considered for select grade/ promotion in preference to the person senior to him on the basis of his completing the prescribed period of service.

(2)     The field of selection shall ordinary be limited to seven times the number of officers to be included in the select list in respect of posts to be filled on the basis of merit-cum-seniority:

Provided that if the required number of suitable officers are not available in the field, so determined, the filed may be enlarged to the extent considered necessary by the Committee by mentioning the reasons in writing.

Rule - 15. Preparation of list of suitable officers.

(1)     The Committee shall prepare list of such persons who satisfy the conditions prescribed in rule 14 above and held by the committee to be suitable for promotion to the service. This list shall be sufficient to cover the anticipated vacancies on account of retirement and promotions during the course of one year from the date of preparation of the select list. In addition to this a reserve list shall be prepared to fill the unexpected vacancies during said period.

(2)     List of suitable officers shall be prepared as per the provisions Chhattisgarh Public Service Promotion Rules, 2003.

(3)     The list to be prepared shall be reviewed and revised every year.

(4)     If in the process of selection review or revision, it is proposed to supersede any member of the State sub-ordinate civil service, the committee shall record its reasons for the proposed supersession during selection, scrutiny or revision, then the committee shall state the reason in written regarding inclusion.

Rule - 16. Consultation with the Commission.

(1)     The recommendation of the Departmental Promotion Committee presided over by the member of the Commission shall be deemed to be compliance of the requirement of consultation with the Commission and sub-clause (b) of clause (3) of Article 320, the constitution and a separate consultation with the Commission shall not be necessary.

(2)     The list prepared in accordance with rule 15 shall then be forwarded to Commission by the Government along with:

(i)       the record of all persons included in the list;

(ii)      the records of all such members of the service who are proposed to be superseded by the recommendation made in the list;

(3)     If the Chairman of the Commission or any member who are nominated by the Chairman/Commission is present in the promotion committee and if all members of the committee including Chairman have signed on the proceeding of the meeting then the above action under sub-rule (1) is not required;

Rule - 17. Select list.

(1)     The list as Finally approved by the Government shall form the select list for promotion of the members of service from the post shown in column (2) of Schedule IV to the posts shown in column (3) of Schedule IV,

(2)     The select list ordinarily be in force until it is reviewed or revised in accordance with sub-rule (4) of rule 15 but its validity shall not be extended beyond a total period of 18 months from the date of its preparation:

Provided that in the event of lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Government and the Commission, may, if it thinks fit, remove the name of such person from the select list.

Rule - 18. Appointment to the service from the select list.

(1)     Appointment of the officers included in the select list to post borne on the cadre of the service shall follow the order in which the names of such officers appear in select list:

Provided that, where administrative exigencies so require, a person whose name is not included in the select list or who is not next in order in the select list, may be appointed to the service if the Government is satisfied that the vacancy is not likely to last for more than three months.

(2)     it shall not ordinarily be necessary to consult the Commission before appointment of a person whose name is included in the select list to the service unless during the period intervening between the inclusion of his name in the select list and the dale of the proposed appointment, there occurs any deterioration in his work which in the opinion of the Government is such as to render him unsuitable for appointment to the service;

(3)     A person whose name is included in the select list, shall not be promoted, if he is facing a departmental enquiry or prosecution is about to be instituted against him, until he has been completely exonerated in that enquiry or prosecution as the case may be.

Rule - 19. Probation.

Every person directly recruited to the service shall be appointed on probation for a period of two years.

Rule - 20. Interpretation.

If any question arises relating to the interpretation of these rules it shall be referred to the Government whose decision thereon shall be Final.

Rule - 21. Relaxation.

Nothing in these rules shall be constructed to limit or abridge the power of the Governor to deal with the case of any person to whom these rules apply in such manner as may appear to him to be just and equitable:

Provided that the case shall not be dealt with any manner less favorable to him than that provided in these rules.

Rule - 22. Repeal and saving.

All rules corresponding to these rules and in force immediately before their commencement arc hereby repealed in respect of matters covered by these rules:

Provided that any order made or any action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

 

Schedule I

[Vide Rule 6]

 

Schedule II

[Vide Rule 6]

 

Schedule III

[Vide Rule 8]

 

Schedule IV

[Vide Rule 8]