[THE KERALA PART-TIME CONTINGENT SERVICE SPECIAL RULES,
1975]
PREAMBLE
In exercise of the powers conferred by sub-section
(1) of section 2 of the Kerala Public Services Act. 1968 (19 of 1968) and in
super session of all the existing rules and orders on the subject, the
Government of Kerala hereby make the following Special Rules for the Kerala
Part-time Contingent Service, namely:-
Rule - 1. Constitution.
The
service shall consist of the following categories of Part-time Contingent
Posts, namely:-
|
Category 1.
|
Night School
Teachers and Librarians,
|
|
Category 2.
|
Sweeper [Sanitation
Worker] [Sweeper-cum-Sanitation
Worker] Gardener, Watcher, Watchman, Aya, Mess Boy/Mess Girl, Cook, Sweeper-cum-Watchman,
Servant, [Sanitation
Worker-cum-Gardener] Menial Servant, Night Watcher, Cleaner, Waterman,
Sculpture Boy, Masalchies, Mess Attendant, Water Carrier, Sick Room
Attendant, Tiffin Room Boy, Tower Clock Winder, [Seasonal/Part-time
Ferryman.]
|
|
Category 3.
|
Any other
part-time contingent post in the part-time service which has no been included
in any other Service.
|
Rule - 2. Appointing authority.
The
appointing authority for all the categories of posts in the Offices and
Institutions specified in column (1) of the table below shall be the authority
specified in the corresponding entry in column (2) thereof.
|
Table
|
|
Office or
Institution
|
Appointing
authority
|
|
(1)
|
(2)
|
|
(a) Governor's
Secretariat
(b) Finance
Department
(c) Other
Departments
|
Secretariat
Secretary to the
Governor
Joint Secretary
to Government, Finance
Department
Secretary to
Government, Public Department or any other officer authorised in this behalf
by the Chief Secretary to Government.
|
Revenue Department
|
(a) Board of
Revenue
|
Secretary, Board
of Revenue or any other officer authorised in this behalf by the Board.
|
|
[(b) Collect orates
|
The District
Collector concerned or any other officer authorised in this behalf by the
District Collector]
|
|
(c) Other
Offices of the
|
Revenue Divisional
Officer having jurisdiction over Revenue Department the office concerned.
|
|
Other
Departments
|
|
(a) Judicial
Department
|
The District
Judge, the State Transport Appellate Tribunal and the District Magistrate.
|
|
(b) Offices of
the Heads of Departments
|
The Head of the
Department concerned or any other officer having jurisdiction over the office
concerned authorised in this behalf by the Head of the department.
|
|
(c) Offices and
Institutions in the Districts
|
The highest
officer of the District having jurisdiction over the Office or the
Institution concerned.
|
|
(d) Institutions
over which District Officers have no Jurisdiction
|
Head of the
Institution concerned
|
[Note.
In the case of Departments where there are no District Officers having jurisdiction
over the Institutions and offices in the District, the appointing authority
shall be the Head of the Institution concerned.]
Rule - 3. Appointment.
The
method of appointment to the various categories shall be by recruitment through
Employment Exchange.
(Provided
that this rule shall not apply in the case of appointment of Ex-Home Guard
Volunteers [xxx]
[[Provided
further that] this rule shall not apply in the case of appointment of relatives
or dependents of Government Servant dying in harness.]
[Provided
also that this rule shall not apply in the case of appointment of part-time
contingent employees, who were on fixed contingent charges without posts
according to the orders in force prior to the issue of these Special Rules and
were continuing as such on the 3rd November, 1980, to the newly created
Part-time Contingent Posts as ordered in G.O. (P) No. 831/80/(253)/Fin. dated
the 3rd November. 1980.]
[Provided
also that this rule shall not apply in the case of appointment of persons.
(i)
who were or are engaged as Voluntary Promoters of family
welfare methods, under the "Employment Generation programme" of the
Government of India to the posts in the Health Services Department; and
(ii)
who were Dais trained under the scheme of Training of
Traditional Birth Attendants of the Government of India to the posts in the
Health Services Department.]
[Provided
also that this rule shall not apply in the case of appointment of persons who
were engaged as voluntary Vaccinators for a period of one year or more under
the "Live Stock Disease Control Scheme" to the posts in the Animal
Husbandry Department.]
[Provided
also that this rule shall not apply in the case of appointment of persons who
were engaged as Artificial Inseminators in Animal Husbandry Department for a
period of one year or more and trained in Artificial Insemination in the Animal
Husbandry Department.]
[Note:
1. Three per cent reservation shall be allowed to the
physically handicapped persons for appointment to the various categories. The appointing
authority shall however satisfy himself that the duties attached to the
relevant category can be performed by a physically handicapped person]
2.
In view of the arduous and special nature of duties and responsibilities
attached to the following posts only male candidates shall be eligible for
appointment under this rule to such posts:-
Watcher.
Watchman. Sweeper-cum-Watchman. Night Watcher.
[3.
Only Ex-Servicemen shall be appointed to the posts in the National Cadet Corps
and Rajya Sainik Board Departments. In the absence of Ex-Servicemen, other
persons shall be appointed.]
[4.
Till all the Voluntary Promoters of family welfare methods and trained Dais are
appointed in the Health Services Department, appointment to the Part-time
Contingent posts in Health Services Department from the open market shall be
dispensed with. The rules of communal reservation and rotation shall be
followed and a ratio of 2:1 shall be maintained in the appointment to part-time
contingent posts from among the Voluntary Promoters of family welfare methods
and trained Dais. In district where there are no Family Welfare Promoters or
Dais, recruitment shall be made through Employment Exchanges]
[5.
Till all the Voluntary Vaccinators coming under the fourth proviso are appointed
in the Animal Husbandry Department, appointment to the Part-time Contingent
posts in Animal Husbandry Department shall be dispensed with. The rules of
communal reservation and rotation shall be followed in the appointment to
Part-time Contingent posts from among the Voluntary Vaccinators]
[6.
Till all the Artificial Inseminators coming under the fifth proviso are
appointed In the Animal Husbandry Department, appointment to the part-time
Contingent posts of Artificial Inseminators in Animal Husbandry Department
shall be dispensed with. The rules of communal reservation and rotation shall
be followed in the appointment to Part-time Contingent posts from among
Artificial Inseminators.]
Rule - 4. Reservation of appointment.
(a) The rules
relating to reservation of appointments (General Rules 14-17 of the Kerala
State and Subordinate Services shall apply to appointments to the Service.
[(b)
For the purpose of this rule, posts in each of the groups mentioned below in
offices within the jurisdiction of an employment exchange shall be deemed to be
a separate category:
|
Group
I
|
Librarian, Night
School Teacher.
|
|
Group
II
|
Ayah, Cook, Mess
Attendant, Mess Boy/Mess Girl. Sick Room Attendant, Tiffin Room Boy.
|
|
Group
III
|
Cleaner, [Sanitation
Worker] "[Sanitation Worker-cum Gardener] "(Sweeper-cum-Sanitation
worker]
|
|
Group
IV
|
Gardener, Menial
Servant, Masalchy, Night Watcher, Sweeper, Sweeper-cum-Watchman. Servant,
Sculpture Boy, Tower Clock Winder, Watcher, Watchman, Water Carrier,
Waterman.]
|
Rule - 5.
(a)
Qualification regarding age. No person shall be eligible
for appointment to any of the posts in the Service if he has not completed or
will not complete 18 years or if he has completed or will complete 35 years of
age on the first day of January of the year in which applications for
appointment are invited with the relaxation of 5 years in the case of Scheduled
Castes and Scheduled Tribes and 3 years in the case of Other Backward Classes.
[Provided
that the maximum age limit shall be 50 years in the case of persons who were
within the age limit at the time of registration of their names in the
Employment Exchange and whose names remain in the live Registers of the
Employment Exchange on the said date by virtue of such registration or renewal
of such registration.]
[Provided
further that in the case of Ex-Home Guard Volunteers, the maximum age limit
shall be [55
years]]
[Provided
also that in the cases of Voluntary Promoters of family welfare methods and
trained Dais, the maximum age limit shall be 50 years.]
[Provided
also that in the case of Voluntary Vaccinators of the Animal Husbandry
Department the maximum age limit shall be 50 years as on the date on which they
started working as Part-time Contingent Employees on daily wages.]
[Provided
also that in the case of Artificial Inseminators of the Animal Husbandry
Department the maximum age limit shall be 50 years as on the date in which they
started working as Part-time Contingent Employees on daily wages.]
(b)
Other qualifications.
No
person shall be eligible for appointment to the categories specified in column
(1) of the table below unless he possesses the qualifications specified in the
corresponding entry in column (2) thereof:
|
Table
|
|
Category
|
Qualifications
|
|
Category I
Category 2 &
3
|
Pass in Form III
or Standard VII (new)
Good Physique.
|
Rule - 6. Probation.
Every
Person appointed to any of the categories shall be on probation for a total
period of one year on duty within a continuous period of two years.
Rule - 7. Suspension or termination of probation.
At
any time before the expiry of the prescribed period of probation, the
appointing authority may-
(a)
suspend the probation of a probationer and discharge him
from the service for want of vacancy and
(b)
at its discretion by after terminate the probation of a
probationer and discharge him from the service after giving him a reasonable
opportunity of showing cause against the action proposed to be taken in regard
to him.
Rule - 8. Probationer's suitability for full membership.
(a)
If at the end of the prescribed period of probation the
appointing authority considers the probationer to the suitable to full
membership, it shall, as soon as possible by any order, declare him to have
satisfactorily completed his period of probation. On the issue of that order
the probationer shall be deemed to have satisfactorily computed his period of
probation on the date of expiry of the prescribed period of probation.
(b)
If at the end of the prescribed period of probation the
appointing authority does not consider the probationer to be suitable for such
membership it shall, by order discharge him from the service after giving him a
reasonable opportunity of showing cause against the action proposed to be taken
in regard to him.
Rule - 9. Seniority.
(a)
The Seniority of a member in any category of the service
shall be determined by the case of the order of his first appointment to such
category.
(b)
The appointing authority shall, at the time of passing an
order appointing two or more persons simultaneously to the service, fix the order
of preference among them; and seniority shall be determined in accordance with
it.
Rule - 10. Discharge and reappointment.
(a)
(i) The order in which probationers and approved
probationers in any category shall be discharged for want of vacancies shall be-First,
probationers in the order of juniority and second, approved probationers in the
order of juniority,
(ii)
Approved probationers and probationers who have been discharged for want of
vacancies shall be reappointed as vacancies arise in the inverse of the order
laid down in clause (1).
(b)
For the purpose of this rule, posts within the
jurisdiction of each appointing authority shall be treated as a separate unit.
Rule - 11. Appointment of full members.
(a)
Appointment of approved probationers as full members of
the service shall be made by the appointing authority.
(b)
An approved probationer shall be appointed as a full
member of the service in the category for which he was selected at the earliest
possible opportunity, in any substantive vacancy which may exist or arise in
the permanent cadre of such category and if such vacancy existed from a date
previous to the issue of the order of appointment, he may be so appointed with
retrospective effect from such date or, as the case may be, from such
subsequent date from which he was continuously on duty as a member of the
service in such category or in a higher category.
Provided
that where more than one approved probationer is available for such appointment
as full member, the senior-most approved probationer on the date of the
occurrence of the vacancy shall be appointed.
Explanation.
For the purpose of this sub-rule, an approved probationer on leave shall be
deemed to be on duty as a member of the service in the category concerned if he
would have been on duty in such category or in a higher category but for his
absence on leave.
Rule - 12. Postings and Transfers.
(a)
A member of the service in any category may be required
to serve in any post borne on the cadre of that category.
(b)
All transfers and postings shall be made by the
appointing authority: Provided that the powers conferred on the appointing
authority by this sub rule may be exercised also by any authority to which the
appointing authority is administratively subordinate.
(c)
A member of the service may, on grounds of administrative
necessity, be transferred from the jurisdiction of one appointing authority to
that of another authority. Such transfers shall be made by the authority to
which the appointing authorities are administratively subordinate.
(d)
Transfer on request.
Probationers,
approved probationers or full members desiring transfer from the jurisdiction
of one appointing authority to that of another appointing authority may be
permanently transferred mutually or otherwise, with the mutual consent of the appointing
authorities concerned if the persons desiring transfer will forego their right
for seniority under rule 9 and each of them takes his rank last in the list of
probationers, approved probationers or full members, as the case may be, in the
administrative unit to which he is transferred as it stands on the date on
which he joins the new unit and that they shall not be eligible for traveling
allowance for the journeys to the places to which they are transferred:
Provided
that full members shall be re-transferred to the unit from which they were
transferred in the event of there being no vacancy for them to continue in the
administrative unit to which they were transferred.
Rule - 13. Pay, allowances, leave salary and other conditions of service.
The
pay, allowances, leave salary and other conditions of service of the members of
the service shall be such as may be prescribed by Government from time to time.
Rule - [13A. Travelling Allowance and joining time.
A
member of the Service who is transferred in public interest shall be entitled
to Joining time. T. A. and D.A. at the same rate as admissible from time to
time to a Class IV Employee in Government Service to whom the Kerala Service
Rules are applicable.]
Rule - [13B. Subsistence Allowance to members under suspension.
A
member of the service who is placed under suspension shall be entitled to
receive payment as subsistence allowance, for the entire period of suspension,
an amount equal to one half of the pay and dearness allowance which he would have
drawn, had he been on duty].
Rule - [14. Leave.
A
member of the service is eligible for leave as follows, namely:-
(a) Casual leave
for [twenty
days] during a calendar year. Casual leave combined with holidays shall not
exceed [fifteen
days) at a time.
(b) Leave without
allowances in special circumstances for a total period of [one
hundred and twenty days] in a calendar year.
[(c)
Maternity leave for three months or leave for abortion or miscarriage for six
weeks, as the case may be, to female employees with full pay and Dearness
Allowance for the period.] [xxx
xxx xxx]
(d) Special
casual leave for undergoing sterilisation operation for a period not exceeding
six days for men and fourteen days for women.]
Rule - [15. Superannuation.
A
member of the service shall retire on the last day of the month in which he
completes the age of 70 years.]