THE KERALA HARBOUR ENGINEERING SERVICE (CIVIL BRANCH) SPL. RULES, 1995

[1][THE KERALA HARBOUR ENGINEERING SERVICE (CIVIL BRANCH) SPL. RULES, 1995]

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Service Act, 1968 (19 of 1968), and in supersession of the Kerala Port Service (Harbour Engineering Branch) Rules, issued under Notification No. 39020/B1/170/DD dated the 6th August, 1975 and published as S.R.O. No. 775/75 in the Kerala Gazette No. 35 dated the 9th September, 1975, the Government of Kerala hereby make the following Special Rules for the Kerala Harbour Engineering Service (Civil Branch), namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Harbour Engineering Service (Civil Branch), Rules, 1995.

(2)     They shall come into force at once.

Rule - 2. Constitution.

This service shall consist of the following categories of officers, namely:

(1)     Chief Engineer:

(2)     Deputy Chief Engineer/Superintending Engineer;

(3)     Executive Engineer;

(4)     Assistant Executive Engineer/Technical Assistant;

(5)     Assistant Engineer/Head Draftsman.

Rule - 3. Appointment.

Appointment to the several categories shall be made as follows:

Note. (1) A non-graduate Assistant Executive Engineer who while holding the post of Assistant Executive Engineer acquires a degree in Civil Engineering or any other qualification recognized by the Government as equivalent thereto shall be eligible for promotion as Executive Engineer only after the claims of all other graduate Assistant Executive Engineers who on the date of his acquiring the degree or such other qualification have been considered.

Note.1 (a) Promotion shall be made from the select list of eligible officers prepared on the basis of merit and ability, 'Seniority being considered only when merit and ability are approximately equal. Persons included in the select list shall be ranked in the order of their seniority.

(b) A ratio of 3:1 of the total posts of Assistant Executive Engineers in the department shall be applied between candidates possessing qualifications prescribed under Group A and candidates possessing the qualifications prescribed under Group B against category 4 in the table under rule 4 in the matter of appointment to the category of Assistant Executive Engineers.

(c) Separate seniority lists in the category of Assistant Executive Engineers for graduates (Group A) and Diploma holders (Group B) shall be maintained and promotion and reversion of each category of officers shall be confined to the quota allowed for each category within the cadre strength.

Note.2 (a) A non-graduate Assistant Engineer who while holding the post of Assistant Engineer acquires a degree in Engineering or any other qualifications recognized by the Government as equivalent thereto, shall be treated as the junior most graduate Assistant Engineer as on the date of his acquiring the degree or such other qualifications for the purpose of promotion as Assistant Executive Engineer against the ratio allocated for those under Group A.

(b) A non-diploma Assistant Engineer who while holding the post of Assistant Engineer acquires a diploma in Engineering or any other qualification recognized by Government as equivalent thereto shall be treated as the junior most diploma Assistant Engineer as on the date of his acquiring the diploma for the purpose of promotion as Assistant Executive Engineer against the quota allocated for those under Group B.

Note.1 (a) The ratio of 6:3:1 for appointment by direct recruitment and for appointment by transfer of diploma holders and certificate holders shall be applied to the total cadre strength of Assistant Engineers/Head Draftsman.

(b) Appointment by transfer shall be made from the select list of eligible officers prepared on the basis of merit and ability, seniority being considered only when merit and ability are approximately equal. Persons included in the select list shall be ranked in the order of their seniority in the respective categories.

(c) Separate seniority list for graduates (Direct recruits) diploma holders and certificate holders (Promotees) shall be maintained and promotion and reversion of each category of officer will be confined to the quota allowed for each category within the cadre strength.

Note.2 Out of the 60% vacancies to be filled up by direct recruitment, 54% shall be filled up by candidate from the open market. The remaining 6% shall be filled up by candidates from the staff of Harbour Engineering Department having not less than six years of service and who possess the qualifications prescribed for direct recruitment to the category of Assistant Engineer/Head Draftsman. If at any time qualified candidates are not available from among the staff in the Harbour Engineering Department, the 6% of vacancies reserved for appointment from such candidates shall also be filled up by candidates from the open market by direct recruitment. Rules of reservation and rotation will not be applicable for direct recruitment to the selection from Departmental candidates.

Rule - 4. Qualifications.

No person shall be eligible for appointment to the category mentioned in column (1) of the table below by the method of appointment specified in column (2) unless he/she possesses the qualifications prescribed in the corresponding entry in column (3) thereof.

Table

Group A

[3][Group B

(1)     Diploma in Civil Engineering or any other qualification recognized by the Government of Kerala, as equivalent thereto.

(2)     Not less than twenty years of service, of which seven years shall be as Assistant Executive Engineer in the Harbour Engineering Department.]

Note:- When an Assistant Executive Engineer possessing the qualifications prescribed under Group-B against category 4 in this table acquires any of the qualifications prescribed under Group-A thereof, he will inform the Department about the acquisition of such qualifications. He will also exercise his option whether he desires to be considered as a candidate under Group-A or under Group-B. In case he opts for consideration under Group-A, he will be considered as the junior most Assistant Executive Engineer in the list of persons coming under Group-A working in the Department on the date of his acquisition of qualification under Group-A. An option thus exercised shall be final and cannot be altered under any circumstances.

Note:- 1. Preference will be given to those having Post -graduate Degree in Harbour Engineering/Marine Structures/Hydraulics/Ocean Engineering and Acquaculture/Post -graduate Diploma (D.I.E.T.)/Structural Engineering/ Soil Mechanics.

2. When an Assistant Engineer possessing the qualifications prescribed under Group A or B against category 5 in this table (i.e. one who is appointed by transfer) acquires any of the qualifications prescribed for direct recruitment under the same category he will inform the department about the acquisition of such qualifications. He will also exercise his option whether he desires to continue as a Non-Graduate Engineer or to be considered as a Graduate Engineer thereafter for the purpose of future promotions. In case he opts for consideration as a Graduate Engineer, he will be considered as the junior most Assistant Engineer in the list of persons coming under Graduate Assistant Engineers working in the department on the date of his acquisition of the above said qualification. An option thus exercised shall be final and cannot be altered under any circumstances.

[4][3. Those who were recruited to the Civil Branch of the Harbour Engineering Department as per the Rules issued under Notification No. 39020/B1/70/ DD dated the 6th August 1975 and published as S.R.O. No. 776/75, and in service as on 3-2-1995 and holding Degree or Diploma in Mechanical Engineering shall be deemed to be qualified for promotion to the posts in the Civil Engineering Branch with effect from 28-11-1997.]

Note. 1. When an Overseer/Draftsman Grade-I who is a certificate holder acquires a diploma in Civil Engineering or qualification equivalent thereto he will inform the department about the acquisition of such qualifications. He will also exercise his option whether he desires to continue as a diploma holder thereafter. In case he opts for being considered as diploma holder, he will be considered as the junior most Draftsman/Overseer Grade-1, in the list of diploma holders on the date of acquisition of the diploma qualification by him. An option thus exercised shall be final and cannot be altered under any circumstances.

[5][Note 2:-Those who were recruited to the Civil Branch of the Harbour Engineering Department as per rules issued under notification No. 39020/B1/70/DD dated the 6th August 1975 and published as S.R.O. No. 776/75, and in service on the 3rd February 1995 holding Diploma/Certificate in Mechanical Engineering shall be deemed to be qualified for promotion to the posts in the Civil Engineering Branch with effect from 22-3-1999.]

Rule - 5. Age limit for direct recruitment.

No person shall be eligible for direct recruitment to any of the categories if he/she has completed 40 years of age on the 1st day of January of the year in which applications for appointment are invited, with usual relaxation to Scheduled Castes/Scheduled Tribes and other backward communities:

Provided that the upper age limit specified above shall not be applicable in the case of candidates belonging to the category of Draftsman/Overseer first and second Grade or Clerks in the Harbour Engineering Subordinate Service for appointment to the 6% of vacancies reserved for them to the post of Assistant Engineers/Head Draftsman.

Rule - 6. Probation.

Every person appointed to any of the categories shall from the date on which he joins duty, be on probation-

(a)      if appointed by promotion, for a total period of one year on duty within a continuous period of two years; and

(b)      if appointed by transfer or direct recruitment for a total period of two years on duty within a continuous period of three years.

Rule - 7. Reservation of Appointment.

The rules of reservation of appointments mentioned in Rules 14 to 17 of the General Rules under the Kerala State and Subordinate Service Rules, 1958, shall apply to appointment by direct recruitment.

Rule - 8. Tests.

Every person appointed to any of the categories shall within the period of probation pass the Account Test for Executive Officers of the Kerala State and Kerala Public Works Departmental Test, if he has not already passed the tests.

Rule - 9. Appointing authority.

The Government shall be the appointing authority in respect of categories 1 to 4. The Chief Engineer, Harbour Engineering Department shall be the appointing authority in respect of category 5.

Note. All appointments and promotions which were made in the Department on or after 6-3-1969 and before coming into effect of these rules shall stand regularized from the dates on which such appointments and promotions were made and further promotions, if any, in respect of persons who were appointed or promoted during the said period shall, after coming into effect of these rules, be made only in accordance with the provisions contained in these rules.