THE SPECIAL RULES FOR THE KERALA LAST GRADE SERVICE, 1966

[1]THE SPECIAL RULES FOR THE KERALA LAST GRADE SERVICE, 1966

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in super session of all existing orders and rules on the subject, the Governor of Kerala hereby makes the following Special Rules for the Kerala Last Grade Service:-

Rule - 1. Constitution.

The service shall consist of the following categories of posts, namely:-

Category 1:

(a)      Gallery Assistant in the Department of Museums and Zoos,

[2][(aa) Matron and Nursing Assistant, Balamandir, Kozhikode.]

(b)      Line Mastery, Line Attendant, Caretaker, Packer (in Departments other than the Government Presses), Duffadar, Gasman, [3][Guard], [4][xxx], Helmsman. [5][xxx], Filed Worker, Ayah, Court Keeper, Head Keeper, Field Assistant and Turn Cook in the various Departments.

[6][(c) Head Gardener in the Government Secretariat)

[7][(d) Head Gardener in the Public Works Department]

[8][(e) Cycle Stand Watchman in the Government Secretariat)

[9][(f) Saddler and Ferrier in the National Cadet Corps Department)

Category 2:

(a)      Counter, Binder-Helper and Tractor Cleaner in the Agriculture Department.

(b)      Messenger and Regular Marker in the Animal Husbandry Department.

[10][(bb) Messenger in the Administrative Secretariat)

(c)      Office Boy, Library Boy, Laboratory Boy and Marker in the Collegiate Education Department.

[11][(cc) Marker in the Technical Education Department)

(d)      Laboratory Boy and Office Boy in the Fisheries Department.

[12][(dd) Survey Lascars, Depot and Watch Station Watchers, Plantation Watchers and Maistries, T.B. Watchers and Bungalow Watchers, Timber Supervisors, Tope Warden, Reserve Watchers, Tana Watchers and Dispensary Attendants in the Forest Department]

(e)      Waiter and Durbar Hall Watcher in the Government Secretariat.

(f)       Receiving Room Attendant and Ambulance Cleaner in the Health Services Department.

[13][(ff) Unskilled Worker in the Public Health Engineering Department.)

(g)      Messenger, Sathrom Watcher and Ballot Box Watchman in the Land Revenue Department.

(h)     Sports Boy and Marker in the Medical Colleges,

(i)       Waiter, Room Boy and Bungalow Matey in the Tourist Department.

[14][(ii) Messenger in the Forest Department.]

[15][(j) Telephone Attender, T.B. Watchman, Cleaner and Sewer Cleaner in the Public Works Departmentl

[16](jj) Time Assistant in the Government Presses.]

[17][(jjj) Watch Woman in the Welfare Institutions under Social Welfare Department)

(k)   Boat Cleaner, Chainman (Except in the Land Revenue and Survey and Land Records Department), Chowkidar, Gate Keeper, Lascar (Except in the Fisheries Department), Lorry Cleaner, Masalchi, Masappadi, Peon. Van Cleaner, Watcher/Night Watcher/Night Watchman [18][xxx] and Hostel Watcher/Depot Watcher in the Various Departments.

[19][Note. The term "Watcher" includes "Watchman" also.]

[20][(l) Light Keeper in the Ports Department.]

[21][(m) Animal Keeper in the Drugs Control Department]

Category 3:

(a)      Packer-cum-Carpenter in the Animal Husbandry Department.

(b)      Lascar in the Fisheries Department.

(c)      Boat Watcher, Boat Lascar and Rest House Watcher in the Forest Department.

(d)      Packer in the Government Presses.

[22][(e) Tailor, Mastery and Electrical Lascar in the Health Services Department, (f) [23][xxx]

(g)   Chainman in the Land Revenue and Survey and Land Records Department.

(h)   Boatman in the Police Department.

(i)    Boatman, Pier Sweeper/Sweeper and Helper in the Port Department.

(j)    Butcher in the Public Health Laboratory.

(k)   Janitor, Counter, Dresser, Keeper, Mochee, [Store Attendant [24](Secretariate Store Branch)) and Deckman/Boat Deckman in the various Departments.

[25][(l) Store Attender/Store Assistant in the Stationary Department]

Category 4:

(a)      Sweeper, [26][Sanitation Worker] Cleaner, [27][Sweeper-cum-Sanitation Worker.] Dhobies, Sweeper-cum-Watchman, Waterman, Gardener, Waterman-cum-Gardener, Watcher-cum-Gardener, Watcher-cum Sweeper and Sweeper-cum-Peon, Cook and Barber in the various Departments.

(b)      Kitchen Matey in the Tourist Department.

(c)      Sweeper-cum-Animal Keeper, Animal House Attendant, Sweeper-cum-Attendant. Mazdoor in the Medical Colleges.

(d)      Fishennan-cum-Watchman and Fisherman in the Fisheries, Department

(e)      Mason Assistant and Bellows Boy in the Government Presses.

(f)       Gardener-cum-Laboratory Cleaner, Farm Worker, Head Mazdoor, Mali, Herdsman. Mastery, Ploughman, Beetle Pickers, Gardener-cum-Cleaner and Permanent Servant in the Agriculture Department.

(g)      Gallery Attendant. Keepers including Syces and Mahouts and Bellows Boy in the Museums and Zoos Department.

(h)     Watcher-cum-Cook (Cook-cum-Watchman) in the Forest Department.

(i)       Market Boy, Boatman, Syce, Saddler, Cobbler, Cook-cum-Sweeper and Bhisty (Water Carrier) in the Police Department.

(j)       Attendant, Poultry Attendant, Bull Attendant, Milker, Herdsman, Sweeper-cum-Attendant, Bull Keeper, Poultry Servant, Watcher-cum-Sweeper, Watcher-cum-Cleaner and Buffaloe Keeper in the Animal Husbandry Department

[28][(k) Lady Attendant, Male Sick Room Attender and Female Sick Room Attender in the Collegiate Education Department]

(l)    Pier Sweeper, Lascar-cum-Gardener in the Port Department.

(m) Hospital Servant, Mess Attender, Stretcher Bearer, Sweeper-cum-Peon, Dhobi and Washerman in the Department of Indigenous Medicine (including Ayurveda Colleges and Department of Homoeopathy.)

[29][(n) Hospital Attendant Grade II and Bottle Cleaner in the Health Services Department.

(nn) Bottle Cleaner in the Medical Colleges]

(o)   Boy Servants in the Industries and Commerce Department.

(p)   Bottle Cleaner in the Chemical Examiner's Laboratory.

(q)   Sick Room Attender in the Technical Education Department.

(r)    Full-time Menial in the Education Department.

(s)   [30][Metty and Full-time Ferryman in the Public Works Department.)

(t)    Masalchi and Full-time Lascar in the Central Stamp Depot in the Revenue Department

(u)   Menial Servant in the Harijan Welfare Department.

[31][(v) Tank Attender in the Fisheries Department.]

[32][(w) Watcher-cum-Cook in the Public Works Department.

(x)   Sweeper-cum-Night Watchman in the Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes.

(y)   Night Watcher-cum-Sweeper in the Stationery Department.)

[33][(z) Hospital Attendant Grade II in the Insurance Medical Services Department].

[34][(za) Full-time O. P. Attender in the Secretariat Health Centre.].

[35][Category 5:

(a)      Peon, Waiter, Watcher, Room Boy and Lascar in the Kerala House. New Delhi.

(b)      Peon in the Lottery Offices at New Delhi and Calcutta.

[36][Category 6:

Hospital Attendant Grade II in the Leprosy Hospitals under the Health Services Department.)

[37][Category 7:

Field Worker in the Health Services Department.

Category 8:

Process Servers in the Judicial Department.

Category 9:

(a)      Hospital Attendant Grade I In the Health Services Department.]

[38][(b) Hospital Attendant Grade I in the Insurance Medical Services Department.]

[39][Category 10:

Gate Keeper Grade II and Lascar Grade II in the Printing Department.]

[40][(Category 11:

Worker Grade I in the Public Works Department.

Category 12:

Worker Grade II to the public Works Department.]

[41][Note.- The higher grade posts created for the purpose of giving time bound promotion to members holding any of the categories of posts in the service shall also be treated as posts in the last grade service.]

Rule - 2. [Posts with different Designations.

For the purpose of appointment and promotion, probation and seniority, discharge for want of vacancies and reappointment, postings and transfers and appointment of full members, every post or group of posts which are on the same scale of pay and require only literacy qualification and to which candidates are advised from a common ranked list, shall be treated as belonging to the same category:][42]

40[Provided that in the case of Land Revenue Department, the posts of Peons. [43][xxx] Messengers and Chowkidars shall be grouped as one Category:]

[44][Provided further that persons who have been selected from a common ranked list and who possess additional qualifications, if any, prescribed for a post under the service shall be allowed category change, on request, subject to the condition that a person who is thus allowed to change the category shall take rank as the junior most in the post to which he is transferred:

Provided also that category change between posts to which selection is made from a common ranked list, shall be allowed on request if the qualification prescribed for the posts are the same subject to the condition that a person who is thus allowed to change the category shall take rank as the junior most in the post to which he is transferred.]

[45][Provided also that request made for category change on reasonable ground between the following posts in Category 4 shall be allowed if the applicant possesses the additional qualifications, if any, prescribed for the post, to which category change is requested subject to the condition that the applicant shall, in the post to which category change is allowed take rank as the junior most:

(1)     Sweeper

(2)     Scavenger

(3)     Cleaner

(4)     Sweeper-cum-Scavenger

(5)     Sweeper-cum-Watchman

(6)     Waterman

(7)     Watcher-cum-Sweeper

(8)     Sweeper-cum-Peon.]

[46][(9) Full-time Menial]

Rule - 3. [Applicability of General Rules.

Part II of the Kerala State and Subordinate Services Rules other than rules 3, 4, 7, 9, 10 (c), 14, 15, 16, [47][17, 18(h) and 27] shall not apply to the service.][48]

Rule - 4. [Appointing Authority.

The District Collector of the concerned District shall be the Appointing Authority for all posts coming under Category 4 in the offices and institutions in the District except those in the Departments of the Health Services, Medical Colleges Employees' State Insurance. Indian Systems of Medicine (including Ayurveda Colleges), Homoeo, Animal Husbandry, Museums and Zoos, Governor's Secretariat, Departments of the Secretariat including Law, Legislature [The appointment in the Legislature Secretariat is governed by "The Kerala Legislature Secretariat (Recruitment and Conditions of Service) Rules 1979"] and Finance, Judicial Department, Public Service Commission and Office of the Advocate General. The Appointing Authority for all the posts in Category 4 in the Departments specified above and for other categories 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.][49]

[50][Note:- In the case of Departments where there are no District Officers having jurisdiction over the Institutions/Offices in the District, the Appointing Authority shall be the Head of the Institution concerned.)

Rule - 5. Appointment.

[51][(a) Appointment to the various categories or post shall be made as follows:-

Category 1:

[52][(a) Gallery Assistant in the Department of Museums and Zoos:

(i)       By promotion from the category of Gallery Attendant in the Department of Museums and Zoos;

Or

(ii)      In the absence of suitable hands under item (i) above, by promotion from any other categories of the Last Grade Service of the Department of Museums and Zoos;

Or

(iii)     In the absence of suitable hands under items (i) and (ii) above, by direct recruitment)

(b)   All posts except the post of Gallery Assistant in the Department of Museums and Zoos:

(i)       By promotion from a lower post or category within the jurisdiction of the Appointing Authority concerned;

Or

(ii)      If suitable hands are not available under item (i) above, by promotion from a lower post or category within the jurisdiction of another Appointing Authority in the concerned department;

Or

(iii)     By direct recruitment.

[53][Note.- The post of Ayah in all the Departments shall be reserved exclusively for Women Candidates.]

[54][(c) Head Gardener in the Government Secretariat: By promotion from Gardeners in the Government Secretariat.]

[55][(d) Head Gardener in the Public Works Department; By promotion from Gardeners in the Public Works Department.]

[56][(e) Cycle Stand Watchman in the Government Secretariat.

(i)       By appointment from among the Gardeners in Secretariat.

Or

(ii)      In the absence of willing hands under item (i) above, by appointment from any other post or category in the Last Grade Service within the jurisdiction of the Appointing Authority in the concerned Department]

[57][(f) Saddler and Ferrier in the National Cadet Corps Department.

(i)       By appointment from the Last Grade Servants in the National Cadet Corps Department;

Or

(ii)      In the absence of qualified persons under item (1) above by direct recruitment.]

Category 2:

By direct recruitment.

Category 3:

[58][(a) All posts except the posts of Watcher-cum-Stores Attendant (Secretariat Stores Branch) [59][xxx] and Store Attender/Store Assistant in the Stationery Department.]

(i)       By promotion from a lower post or category within the jurisdiction of the Appointing Authority concerned;

Or

(ii)      If suitable hands are not available under item (i) above by promotion from a lower post or category within the jurisdiction of another Appointing Authority in the concerned Department:

Or

(iii)     By direct recruitment,

(b) Watcher-cum-Stores Attendant (Secretariat Stores Branch):

(i)       By appointment from suitable persons in the Last Grade Service within the jurisdiction of the appointing authority concerned;

(ii)      In the absence of suitable persons under item (i) above, by direct recruitment.

[60][(c) xxx]

[61][(d) Store Attender/Store Assistant in the Stationery Department

(i)       By promotion from suitable candidates in the Last Grade Service employed in the Department,

Or

(ii)      In the absence of suitable candidates for appointment by promotion, by direct recruitment.]

[62][Category 4:

(a)      (i) 50% of the posts in the Departments of Health Services, Indian Systems of Medicine (including Ayurveda Colleges), Homoeo, Employees' State Insurance and Medical Colleges shall be filled up by promotion of Part-time Contingent Employees in these Departments concerned on the basis of seniority by the respective Appointing Authorities.

(ii) The remaining 50% of the posts in the Department specified under item (i) above shall be filled up by the respective Appointing Authorities by promotion from the candidates advised by the District Collectors from the common seniority list of Part-time Contingent Employees prepared on Revenue District-wise basis as mentioned in Note 1 below.

(iii) In the absence of suitable hands under items (i) and (ii) above, by direct recruitment through Employment Exchange.

(b)      In respect of posts in Departments other than those mentioned in the opening paragraph of rule 4,-

(i)       by promotion of Part-time Contingent Employees from the common seniority list prepared by the District Collectors on Revenue District wise basis,

(ii)      In the absence of suitable hands under item (1) above, by direct recruitment through Employment Exchange.

(c)      (i) In respect of posts in the, under mentioned Departments appointment shall be made by promotion from Part-time Contingent Employees of the Department concerned on the basis of seniority-

(i)       Department of Animal Husbandry

(ii)      Department of Museums and Zoos

(iii)     Governor's Secretariat

(iv)    Departments in the Government Secretariat including Law,

(v)      Legislature and Finance

(vi)    Judicial Department

(vii)   Public Service Commission

(viii)  Office of the Advocate General.

(ii) In the absence of suitable hands for such promotion under item (i) above, appointment shall be made by direct recruitment through Employment Exchange.

Notes.-

(1)     For the purpose of promotions under clauses (a) (ii) and (b) (i) above, the District Collector shall prepare and publish a common seniority list of Part time Contingent Employees of all Offices and Institutions in the Revenue District (other than those mentioned in the opening paragraph of Rule 4) from time to time.

(2)     The Secretary, General Administration Department shall be the Appellate Authority for settling the disputes in the matter of common seniority list prepared by the District Collector. Any person aggrieved by the ranking given in the common seniority list may appeal to Government in the General Administration Department within 30 days of the publication of list and the decision of Government thereon shall be final.

(3)     The Appointing Authorities in the districts shall report to the District Collector concerned every alternate vacancy in Category 4 as and when they arise for the purpose of promotion to the 50% of vacancies reserved under Item (a) (ii) above. The District Collector shall send the names and other details of the requisite number of persons on the basis of their seniority in the common seniority list and thereupon the Appointing Authorities shall promote and post such persons to the vacancies.

(4)     For the purpose of promotion under clause (b) (I) above the Head of Offices/Departments/Institutions shall report the vacancies as and when they arise to the District Collector and the District collector shall fill up the vacancies by promoting persons from the common seniority list on the basis of seniority.

(5)     The Appointing Authorities/Head of Offices shall report cases of retrenchment for want of vacancies to the District Collector concerned for further action.

[63][(6) Only Part-time Barbers. Part-time Gardeners-and Part-time Cooks will be eligible for Appointment by promotion as Barbers. Gardeners and Cooks respectively in the Various Departments and Part-time/Seasonal Ferrymen as Full-time Ferrymen in the Public Works Department.]

[64][Category 5:

By direct recruitment through Local Employment Exchanges.]

[65][Category 6:

By appointment of patient employees of the Leprosy Hospitals.

Note.-

(1)     The patient employees appointed as Hospital Attendants Grade II shall be treated as a separate unit for the purpose of appointment and transfer and their services shall be confined only to the Leprosy Hospitals under the Health Services Department.

(2)     The physical fitness of the patient employees to be appointed as Hospital Attendants Grade II shall be certified by a Medical Board constituted by the Director of Health Services consisting of the District Medical Officers of Health in the Alleppey, Trichur and Calicut Districts, the Superintendent of the concerned Leprosy Hospital and a nominee of the Director of Health Services.]

[66][Category 7:

(i)       Appointment by transfer from posts in the Health Services Department carrying similar or identical scales of pay;

Or

(ii)      In the absence of qualified persons under item (i) above, by promotion from posts in the Health Services Department;

Or

(iii)     In the absence of qualified persons under items (i) and (ii) above, by direct recruitment.

Category 8:

[67][(i)] By appointment from among qualified persons in the Judicial Department carrying similar or Identical scale of pay, according to seniority and Willingness;

Or

(ii)   In the absence of qualified persons under item (1) above, by promotion from among the qualified persons in the Last Grade Service in the Department according to seniority;

Or

(iii)   In the absence of qualified persons under items (i) and (ii) above, by direct recruitment.]

Category 9:

By promotion from Hospital Attendant Grade II in the Department.]

[68][Category 10:

By direct recruitment.]

[69][Category 11:

By promotion from Category 12.

Category 12:

By appointment from NMR Workers who have completed five years of service as N.M.R. Worker as on the 19th of May 1983 in the Public Works Department.]

[70][Note. Female candidates shall not be eligible for promotion to the posts in the Armed Reserves. Armed Battalions and Police Training Institutions in the Police Department. In Women's Hostels attached to the Polytechnics and Engineering Colleges only female candidates shall be posted as cooks,]

(b)   All promotions shall be made in accordance with seniority, unless the promotion of a member has been withheld as a penalty.

[71][Note.-

(1)     In view of the arduous and special nature of the duties and responsibilities attached to the posts specified in the Table below, only male candidates shall be eligible for appointment under this rule to the said posts.]

[72][(2) Only Women shall be appointed for watch duty in the Welfare Institutions under Social Welfare Department wholly meant for women.]

[73][Table

(1)     Watchman of all Categories. Watcher and Chowkidar

(2)     Cleaner-cum-Conductor

(3)     Cleaner (Boat Cleaner, Tractor Cleaner, Van Cleaner, Ambulance Cleaner, Lorry Cleaner)

(4)     Fisherman

(5)     Fisherman-cum-Watchman

(6)     Boatman

(7)     Lascar

(8)     Bull Attendant

(9)     Bull Keeper.

[74][(10. Light Keeper in the Ports Department]

[75][11. Animal Keeper in the Drugs Control Department)

Rule - [6.

[xxx][76]

Rule - 7. Reservation of appointment.

The rules relating to reservation of appointments (General Rules 14-17) shall apply to appointments to the service by direct recruitment.

Rule - 8.

(a)      Qualifications regarding ago. No person shall be eligible for appointment to any of the posts by direct, recruitment 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 1st day of January of the year in which applications for appointment are invited:

Provided that in the case of a candidate who is an ex-serviceman, the period of his service in the Defence Forces shall be excluded in computing his age for appointment:

[77][Provided further that in the case of candidates who were Family Planning Voluntary Workers, the maximum age limit shall be 45 years:

Provided also that in the case of candidates from among Ex-Servicemen [78][xxx] for appointment to the posts in the Rajya Sainik Board and N.C.C. Departments, the maximum age limit shall be 50 years.]

(b)      Other qualifications.- No person shall be eligible for appointment to the posts specified in column (1) of the table below unless he possesses the qualifications specified in the corresponding entry in column (2) thereof:

Note. [99][Physical fitness certificate obtained from a Medical Officer not below the rank of an Assistant Surgeon shall be produced by candidates at the time of Interview.]

Note. The educational qualification prescribed for the post shall not be applicable in the case of those who are appointed as Peons on or before 31st December, 1990]

[101][Gate Keeper Grade II and Lascar 1. Pass in Standard VII (New) or its equivalent. Grade H in the Printing Department 2. Must be physically fit

Note:- The physical fitness shall be proved by a certificate obtained from a Medical Officer not below the rank of an Assistant Surgeon.] All other posts Must be able to read and write Malayalam or Tamil or Kannada.

Notes.-

[102][(1) The General Qualification of literacy In Malayalam. Tamil or Kannada shall be insisted only in respect of posts coming under category 4 of Rule 1 of the Special Rules when appointments are made direct through the Employment Exchanges, provided this General Qualification shall not be insisted when appointments to these posts are made by promotion of the Part-time Contingent Employees.]

[103][(IA) The general qualification of literacy In Malayalam. Tamil or Kannada shall not be insisted in the case of Worker Grade I and Worker Grade II in the Public Works Department.]

(2)   Only persons professing the Hindu Religion shall be appointed to posts in the Hindu Religious and Charitable Endowments Department.

[104][(3) For appointment by direct recruitment to the posts of Chowkidards and Messengers in the Administrative Secretariat and for appointment.

by direct recruitment of males [105][other than physically handicapped persons] to the posts of Peons, ability to ride a bicycle shall be an essential qualification.][106]

(4) Physically handicapped persons are not eligible for appointment of the following, categories of posts, namely:-

(i)       Watcher/Watchman/Night Watchman/Night Watcher/[107][xxx] [108][xxx]

(ii)      Keeper.

[109][(iii) Chainman (Land Revenue and Town Planning Departments)]

[110][(iv) Marker (Medical Colleges, Collegiate Education Department and Technical education Department).]

(v)   Regular Marker (Animal Husbandry).

(vi)   Boatman (Port Department)

(vii) Pier Sweeper/Sweeper (Port Department).

[111](viii) [Survey Lascars, Depot and Watch Station Watchers, Plantation Watchers and Masteries, T.B. Watchers and Bungalow Watchers. Timber Supervisors, Tope Warden, Reserve Watchers, Tana Watchers and Dispensary Attendants in the Forest Department,

(ix)   Telephone Attender. T.B. Watchman. Cleaner and Sewer Cleaner in the Public Works Department.]

[112][(x) Gate keeper Grade II and Lascar Grade II in the Printing Department.]

[113][(xi) Watch Woman in the Welfare Institutions under Social Welfare Department.

(xii) Fisherman-cum-Watchman and Fisherman in the Fisheries Department.]

[114](xiii) Animal Keeper in the Drugs Control Department]

(5)   Only Ex-Servicemen [115][xxx] shall be appointed to the posts in the N. C. C. and Rajya Sainik Board Departments.

[116][(6) Only Ex-Servicemen [117][xxx] shall be appointed to the post of Watchman/ Night Watchman in the Port Department.]

[118][(7) Only Woman candidates shall be appointed to the post of Watch Woman in the Welfare Institutions under the Social Welfare Department]

(c)      No person shall be eligible for appointment by direct recruitment to the service if he has more than one wife living or if such person is a woman, if she, is married to any person who has a wife living.

(d)      Security. Where the State Government have by general or special order directed that the holder of any specified posts shall deposit security for the due and faithful performance of his or her duties, no person shall be eligible for appointment to any such post, whether by direct recruitment or by recruitment by transfer or by promotion, unless he or she is able and willing to deposit security for such amount as may be specified in such general or special order.

Rule - 9. Probation.

Every person appointed to a category shall be on probation-

(i)       If recruited direct, for a total period of one year on duty within a continuous period of three years; and

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

Rule - 10. Service in a category in different departments or offices.

Subject to the provisions of sub-rule (d) of rule 17 service rendered in a post included in anyone of [119][the Categories] in a department or office shall count for probation and seniority in regard to another post in the same category whether in the same or another department or office.

Rule - 11. Suspension or termination or 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 or, as the case may be, revert him to his permanent post or category for want of a vacancy; and

(b)      at its discretion by order terminate the probation of a probationer and discharge him from the service, or, as the case may be revert him to his permanent post or category after giving him a reasonable apportunity of showing cause against the action proposed to be taken in regard to him.

Rule - 12. Probationer's suitability for full membership.

(a)      If at the end of the prescribed period of probation the Appointing Authority considers the probationer to be suitable for full membership, it shall, as soon as possible by an 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 completed 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, or, as the case may be, revert him to his permanent post or category after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

Rule - 13. Appeal against discharge.

(a)      A probationer who is discharged under sub-rule (b) of Rule 11 or under sub-rule (b) of Rule 12 shall be entitled to appeal against the order of discharge passed by the Appointing Authority to the authority to which and within the period of limitation within which an appeal would lie against an order of dismissal passed by the Appointing Authority against a full member of the service, class or category as the case may be.

(b)      The authority competent to entertain an appeal under sub-rule (a) may, either of its own motion or otherwise revise any order discharging a probationer under any of the provisions referred to in the sub-rule, within one year of the date of such order

(c)      (i) When an order discharging a probationer is set aside on appeal under sub rule (a) or on revision under sub-rule (b) and the probationer is restored to the service, the period on and from the date of discharge to the date of such restoration may, with the previous sanction of the State Government be treated as on duty except for the purpose of probation. The period of probation undergone by such probationer at the time of his discharge shall however, count towards the period of probation prescribed under these rules.

(ii) Such probationer may during the period on and from the date of his discharge to the date of his restoration, be paid such pay and allowances not exceeding the pay and allowances to which he would have been entitled if he had not been discharged as the authority passing the order under sub-rule (a) or (b) may with the previous sanction of the State Government determine.

Rule - 14. Seniority.

(a)      Seniority of a member in any category of the service shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such category:

Provided that if any portion of the service of such person does not count towards probation under the rules, his seniority shall be determined by the date of commencement of his service which counts towards probation.

(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.

(c)      Notwithstanding anything contained in clauses (a) and (b) above, the seniority of a person appointed to a category in the service on the advice of the Commission shall, unless he has been reduced to a lower rank as punishment, be determined by the date of first effective advice made for his appointment to such category and when two or more persons are included in the same list of candidates advised, their relative seniority shall be fixed according to the order in which their names are arranged in the advice list.

Note. (1) The date of effective advice in this rule means the date of the letter of the Commission on the basis of which the candidate is appointed.

[120][Note,- (2) Seniority of a person advised by the District Office of the Kerala Public Service Commission for appointment against a vacancy in Headquarters and transferred after such appointment to the District of the choice shall be determined with reference to the original advice by the District Office of the Public Service Commission.]

Rule - 15. 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 re-appointed as vacancies arise in the inverse of the order laid down in clause (i)

(b)      For the purpose of this rule, posts within the jurisdiction of each Appointing Authority shall be treated as a separate unit.

Rule - 16. 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 vacancy shall be appointed.

Explanation. For the purpose of this sub-rule, an approved probationer on leave shall be deemed to be on duly 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 - 17. Postings and Transfers.

(a)      A member of the service in any category may be required to service 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 appointing authority. Such transfers shall be made by the authority to which the appointing authorities are administratively subordinate.

[121][Note. The patient employees, appointed as Hospital Attendants Grade II in the Leprosy Hospitals under the Health Services Department shall not be transferred to institutions other than Leprosy Hospitals.]

(d)      Transfers 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 (i) forgo their right to seniority based on rule 14 and each of them takes his rank last in the list of probationers, approved probationers or full members, as the case may be, for the administrative unit to which he is transferred as it stands on the date on which he joins the new Unit and (ii) receive no T.A. 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 or for any reason his pay in the substantive post in the parent department becomes higher than the pay of the new post held by him.

Note:- (1) The persons appointed as Peon in the Lottery Offices at New Delhi and Calcutta will not be eligible for transfer to another unit before completing five years of service in the respective station.

[122][Note. (2) The patient employees appointed as Hospital Attendants Grade II in the Leprosy Hospitals under the Health Services Department shall not be eligible for transfer to institutions other than Leprosy Hospitals.]

[123][Note. (3) The persons recruited through the District Office of the Kerala Public Service Commission shall not be eligible for transfer to another district before completing five years of service in the District of recruitment.]

Rule - [18.

[xxx][124]

Rule - 19. Pay, Allowance, leave, leave salary, pension and conditions of services.

The Kerala Civil Services (Classification, control and Appeal) Rules, the rules regulating the pay of the services issued from time to time, the Government Servants' Conduct Rules, the Travancore Service Regulations, the Cochin Service Regulations, the Fundamental Rules, the Madras leave Rules 1933, the Kerala Service Rules, 1959, and the pension rules for the time being in force shall, in so far as they may be applicable and except to the extent expressly provided in those rules shall govern members of the service in the matter of their pay, allowance, leave, leave salary, pension and other conditions of service:

Provided that the said rules and regulations shall in their application to persons employed in the Secretariat Staff of the Governor, be construed as if the functions of the State Government under those rules and regulations are the functions of the Governor.