[1]THE ORISSA SECRETARIAT LEGAL SERVICE (METHOD OF RECRUITMENT
AND CONDITIONS OF SERVICE OF ASSISTANT LAW OFFICERS IN THE LAW DEPARTMENT)
RULES, 2004 In exercise of the powers conferred by the proviso to
Article 309 of the Constitution of India, the Governor of Orissa is pleased to
make the following rules for regulating the method of recruitment and conditions
of service of persons appointed to the posts of Assistant Law Officers in the
Law Department of the Government of Orissa, namely:- (1)
These rules may be called the Orissa
Secretariat Legal Service (Method of Recruitment and Conditions of Service of
Assistant Law Officers in the Law Department) Rules, 2004. (2)
They shall come into force on the date
of their publication in the Orissa Gazette. In these rules, unless the context otherwise requires, (a)
"Assistant Law Officer"
means the Assistant Law Officer, (Group-B) comprising the feeder cadre post of
the Legal Branch in the Law Department; (b)
"Commission" means the
Orissa Public Service Commission; (c)
"Committee" means the
Selection Committee constituted under Rule 4; (d)
"Government" means the
Government of Orissa in the Law Department; (e)
"Scheduled Castes and Scheduled
Tribes" means such Castes and Tribes as notified by the President of India
under Articles 341 and 342 of the Constitution of India; (f)
"Service" means the service
of the Assistant Law Officers in the Law Department, Government of Orissa; (g)
"S.E.B.C." means Socially
and Educationally Backward Classes of citizens other than the Scheduled Castes
and Scheduled Tribes as may be specified by the State Government from time to
time; (h)
"Year" means a calendar
year; and (i)
All other words and expressions which
have been used but not specifically defined in these rules shall have the same
meaning as respectively assigned to them in the Orissa Service Code. (1)
(a) Twenty per cent of the posts in
the service shall be filled up by such category of persons having the
eligibility as mentioned in sub-rule (1) of Rule 7. (b) Appointment to the vacancies in service against he
twenty per cent quota shall be made by way of selection from among the Group 'C
employees of the Departments of Government in the manner provided under Rule 4
in consultation with the Commission. (2)
(a) Eighty per cent of the posts in
service shall be filled up by such category of persons having the eligibility
as mentioned in Sub-rule (2) of Rule 7. (b) Appointment to the vacancies in the service against the
eighty per cent quota shall be made by way of direct recruitment through a
competitive examination which shall consist of a written examination and a viva
voce test in the manner provided under Rule 5. (1)
There shall be a Selection Committee
to consider the suitability of eligible candidates for appointment to the
service by way of selection as specified under sub-rule (1) of Rule 3. The
Committee shall consist of ? (i) Secretary to Government, Law Department ... Chairman (ii) Legal Remembrancer and ex officio Additional Secretary to Government,
Law Department ... Member (iii) Secretary, State Law Revision Committee-cum-Additional Secretary to
Government, Law Department ... Member (2)
The list of eligible candidates for
appointment to the service by way of selection shall be placed before the
Committee. The Committee shall after considering the confidential character
rolls and service records of all eligible candidates conduct a viva voce test
and prepare a list of successful candidates on the basis of merit and
suitability. The list so prepared by the Committee along with the service
records and C.C.Rs. shall be referred to the Commission for their concurrence
who in turn shall forward the same along with their comments to the Government
for approval and after receiving the approval the same shall from the select
list. (1)
Ordinarily in the month of January of
the year the Government shall intimate to the Commission the number of
vacancies in the service already existing and vacancies likely to occur in the
year, indicating therein the number of post/posts required to be filled up by
persons eligible under sub-rule (2) of Rule 7. (2)
On receipt of the intimation, the
Commission shall make advertisement in daily newspapers having wide circulation
in Orissa, inviting applications for the competitive examination. The
Commission shall also indicate the likely date, time and place of the
examination. (3)
The application form, the documents
required to be accompanied with the application form, scrutiny of applications
and the admission to the examination shall be such as may be decided by the
Commission. (4)
The Commission shall hold the
examination which shall ordinarily be of the standard of LL.B. of a recognized
University in the State of Orissa. (5)
There shall be a Committee constituted
for the purpose of conducting interview through viva voce of the candidates
selected in the written test which shall be constituted by the Commission. The
Committee will co-opt. Subject Experts as Advisers. The Government would
nominate the Secretary to Government in Law Department or Legal Rememberancer
as authorised by the Law Secretary of the Department as the representative by the
Government, to participate in the Selection Committee. (6)
After the written and viva voce test
are over the Commission shall prepare a list of successful candidates, which
shall be equal to the number of the vacancies advertised by the Commission in
accordance with the merit of the candidates. (7)
The Commission shall forward the list
of the candidates so prepared under sub-rule (6) to the Government for approval
and after receiving the approval the same shall form the select list. (1)
The Select list, unless the Government
otherwise decides, shall remain in force for a period of one year from the date
of its approval by the Government under sub-rule (7) of Rule 5 and sub-rule (2)
of Rule 4. (2)
Mere inclusion of the name of a candidate
in the Select list shall not confer any right to appointment unless after
inquiry it is found that the candidate is suitable in all respect for being
appointed to the service. (1)
In order to be eligible for
consideration, by the Committee, under sub-rule (1) of Rule 3, a candidate must
- (i)
have completed at least five years in
a Group 'C post which requires noting and drafting in any Department of the
Government carrying a scale of pay of Rs.4,750-125-7,500 or its corresponding
revised scale of pay; (ii)
be of outstanding merit and ability as
reflected in his confidential character rolls in the preceding five years; (iii)
have never been punished under the
provisions of the Orissa Civil Services (Classification, Control and
Appeal).Rules, 1962; and (iv)
have completed graduation in law from
a recognised University. (2)
In order to be eligible for the
competitive examination under sub-rule (2) of Rule 3, a candidate must - (a)
(i) have completed graduation in Law
from a recognised University along with practice in Bar as an Advocate at least
for a period of three years on the date of application; (ii) be not less than twenty-one years and more than
thirty-two years on the date of application; (iii) be a citizen of India; (iv) be able to speak, read and write Oriya fluently; (v) have passed an examination in Oriya language equivalent
to that of Middle English School standard; (vi) be of good character; and (vii) have not more than one spouse living. Or (b)
have completed Graduation in Law from
a recognised University along with experience of at least 12 years of service
in any Group 'C post in any Departments of Government, other than the employees
of Common Cadres and must not be of more than 45 years old on the date of
application. There shall be reservation of vacancies for candidates - (a)
belonging to the Scheduled Castes and
Scheduled Tribes, in accordance without he provisions of the Orissa Reservation
of Vacancies in Posts and Service (For Scheduled Castes and Scheduled Tribes)
Act, 1975 and the rules made thereunder; and (b)
belonging to S.E.B.C., Women,
Orthopaedically Handicapped, Sportsmen and ex-servicemen in accordance with
rules/instructions in force issued by the State Government from time to time. Seniority of the candidates appointed to the service shall
be fixed according to their position in the select list. Where the Government are of opinion that it is necessary or
expedient to do so in the public interest, it may, by order, for reasons to be
recorded in writing, relax any of the provisions of these rules in respect of
any class or category of persons. All orders and instructions including the executive
instructions issued in this regard vide Office Memorandum No.8042, dated the
12th June 2003 of the Government in Law Department which were in force
immediately before the commencement of these rules, are hereby repealed: Provided that anything done or any action taken or any
appointment made under the provisions of the orders and instructions so
repealed shall be deemed to have been done or taken or made under the
corresponding provisions of these rules. If any question relating to the interpretation of any of
the provisions of these rules it shall be referred to the Government for
decision.THE ORISSA SECRETARIAT LEGAL SERVICE
(METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF ASSISTANT LAW OFFICERS IN
THE LAW DEPARTMENT) RULES, 2004
PREAMBLE