THE UTTAR PRADESH PUBLIC SERVICE COMMISSION (COMPUTER SECTION) SERVICE REGULATIONS, 2009

 

PREAMBLE

In exercise of the powers under Article 318 of the Constitution, the Governor, in supersession of all existing rules and orders, if any, on the subject, is pleased to make the following regulations, regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Public Service Commission Data Processing Section (Computer Center) Service.

PART I GENERAL

Regulation - 1. Short title and commencement.

(1)     These regulations may be called the Uttar Pradesh Public Service Commission (Computer Section) Service Regulations, 2009.

(2)     They shall come into force at once.

Regulation - 2. Status of Service.

The Uttar Pradesh Public Service Commission (Computer Section) Service is a service, comprising Group 'A', Group 'B' and Group 'C posts.

Regulation - 3. Definitions.

In these regulations, unless there is anything repugnant in the subject or context:

(a)      'Appointing Authority' in respect of Group 'A' and Group 'B' posts means the Chairman and in respect of Group 'C posts means the Secretary;

(b)      'Chairman' means the Chairman of Uttar Pradesh Public Service Commission;

(c)      'Secretary' means the Secretary of Uttar Pradesh Public Service Commission;

(d)      'Citizen of India' means a person who is or is deemed to be a Citizen of India under Part-II of the Constitution;

(e)      'Constitution' means the Constitution of India;

(f)       'Government' means the Government of Uttar Pradesh;

(g)      'Governor' means the Governor of Uttar Pradesh;

(h)     'Service' means the Uttar Pradesh Public Service Commission (Computer Section) Service;

(i)       'Substantive appointment' means an appointment not being an ad hoc appointment on a post in the cadre of the service made after selection in accordance with the regulations and if there are no regulations, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;

(j)       'Year of recruitment' means a period of twelve months commencing from the first day of July of a calendar year.

PART II

Regulation - 4. Cadre.

(1)     The strength of the service and of each category of posts therein shall be such as may be determined by the Governor from time to time.

(2)     The strength of the service and each category of posts therein shall until orders varying the same are passed under sub-regulations (1) be as given in the Appendix-1.

(i)       Provided that the Appointing Authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or

(ii)      The Governor may create such additional, permanent or temporary posts as he may consider proper.

Regulation - 4. Absorption of Punch/Verifier Operator, Technical Assistant and Supervisor in the Service.

Notwithstanding anything to the contrary, contained in any regulation of these regulations a person who held the post of Punch/Verifier Operator, Technical Assistant and Supervisor in the Office of the Commission in a substantive capacity on the date of promulgation of these regulations shall be deemed to be appointed substantively to the post of Computer Operator Grade-'B', Computer Operator Grade 'C and Programmer Grade-2 in the service.

PART III RECRUITMENT

Regulation - 5. Source of Recruitment.

Recruitment of the various categories of posts in the service shall be made from the following sources.

SOURCE OF RECRUITMENT

Group "A" Posts

Name of Post

(1)     System Analyst

(1)     Fifty per cent by direct recruitment through Commission.

(2)     Fifty per cent by promotion through the Selection Committee from amongst substantively appointed Programmer Grade-I who have completed five years of service as such on the first day of the year of recruitment:

Provided that if eligible and suitable persons are not available for promotion the post may be filled by the appointing authority on deputation of an officer of a Government Department, who possesses the qualifications prescribed for the post till availability of a suitable person for promotion.

Group "B" Posts

(2)     Programmer Grade-1

By promotion through the Selection Committee from amongst substantively appointed Programmer Grade-2 who have completed five years of service as such on the first day of the year of recruitment.

(3)     Programmer Grade-1

(1)     Fifty per cent by direct recruitment through the Aptitude test and Interview by Selection Committee.

(2)     Fifty per cent by promotion through the Selection Committee from amongst substantively appointed Computer Operator Grade 'C, who have completed six years of service as such on the first day of the year of recruitment and who have possessed essential qualification prescribed for the post of Programmer Grade-2 for direct recruitment.

Group "C" Posts

(4)     Computer Operator Grade-C

By promotion through the selection committee from amongst substantively appointed Computer Operator Grade-B who have completed six years of service as such on the first day of the year of recruitment.

(5)     Computer Operator Grade-B (At present known as

Punch/Verifier Operator)

Reservation

By direct recruitment through aptitude test and interview through the Commission.

Regulation - 6. Reservation.

Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other Categories shall be in accordance with the orders of the Government in force at the time of the recruitment.

PART IV QUALIFICATIONS

Regulation - 7. Nationality.

A candidate for direct recruitment to a post in the service must be:

(a)      a citizen of India; or

(b)      a Tibetan refugee, who came over to India before the first January, 1962 with the intention of permanently settling in India; or

(c)      a person of Indian origin, who has migrated from Pakistan, Burma or Sri Lanka or any of the East African Countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyka and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:

Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh:

Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period, of more than one: year and the retention of such a candidate in service beyond a period of one year shall be subject to his acquiring Indian Citizenship.

Regulation - 8. Academic Qualifications.

A 'candidate for direct recruitment to the various posts in the service must possess the following qualifications.

 

Group "A" Qualifications/Essential

Name of Posts

(1)     System Analyst

(1)     M.E./M. Tech. (Computer Science), Certificate of "C" level from D.O.E. or B.E./B Tech. (Computer Science) from recognised Institution/University established by law and five years regular service or M.C.A./M.Sc. (Computer Science) from recognised Institution/University and 3 years experience.

(2)     Complete knowledge in software development in oracle/ingreess/cybase, DB/2 etc. and C/c Foxpro, RDBMS, use of equipments in Dos/Unix/Window base active environment. Knowledge of networking environment like novel and windows NT. Complete knowledge of web inbilled application development and Internet.

Group "B"

(2)     Programmer Grade-2

(1)     Bachelor Degree with Post Graduate Diploma in Computer Science from recognised Institution/University.

Or

Bachelor Degree with 'A' Level Certificate (Advance Diploma) from DOE.

(2)     Complete knowledge in software development in Oracle/ingreess/cybase, D.B./2. etc. and C/c-Foxpro. RDBMS use of equipments in Dos/Unix Windows base active environment.

(3)     Knowledge of networking environment like Noval and Windows NT etc.

(4)     Complete knowledge of office automation packages and internet.

Group-C

(1)     Computer Operator Grade-B.Bachelor Degree with diploma in computer science.

Or

Bachelor Degree with 'O' Certificate from D.O.E.

(2)     Knowledge of Data Entry in Hindi and English on various softwares as M.S. Office/Lotus/mart suit etc. in dbase/unix/windows.

(3)     Knowledge of exposure of net working on Noval and Window N.T.

(4)     25 and 40 words per minute speed of typewriting in Hindi and English.

Regulation - 9. Preferential qualifications.

A candidate, who has:

(i)       Served in the Territorial Army for a minimum period of two years;

or

(ii)      Obtained a 'B' Certificate of National Cadet Corps shall, other things being equal be given preference in the matter of direct recruitment.

Regulation - 10. Age.

A candidate for direct recruitment must be within following minimum and maximum age limits on the first day of July of the calendar year in which vacancies for direct recruitment are advertised:

Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be relaxed by such number of years as may be specified.

Regulation - 11. Character.

The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.

Regulation - 12. Marital Status.

A male candidate, who has more than one wife living or a female candidate, who has married a man already having a wife living shall not be eligible for appointment to a post in the service:

Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this regulation.

Regulation - 13. Physical Fitness.

No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required:

(a)      In the case of a gazetted post in the service to pass an examination of a Medical Board:

(b)      In the case of other post in the service to produce a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10, contained in Chapter III of the Financial Hand Book Volume-II, Part III:

Provided that a Medical Certificate of fitness shall not be required from a candidate required by promotion.

PART V PROCEDURE FOR RECRUITMENT

Regulation - 14. Determination of Vacancies.

The Appointing Authority shall determine the number of vacancies for Group-A, B or services to be filled during the course of year of recruitment as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Regulation-6.

Regulation - 15. By direct recruitment (when recruitment is to be made through an Aptitude Test and Interview).

(1)     Application for permission to appear in the aptitude test shall be called by the Appointing Authority in the prescribed Form which may be obtained from the Secretary, to the; Commission on payment, if applications received are less than four times of the vacancies notified. Appointing Authority shall re-advertise the notified vacancies.

(2)     The applications will be scrutinised by the Appointing Authority through Officer Incharge and call the eligible candidates to appear in the aptitude test. No candidates shall be admitted to the aptitude test unless he holds a Certificate of Admission, issued by the Appointing Authority.

(3)     After the results of the aptitude test prepared following the rules laid down by the Commission have been received and tabulated, the Appointing Authority shall, having regard for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Regulation-6, call for interview such number of candidates, on the result of the aptitude test, who have come up to the standards fixed by the Appointing Authority in this respect. The marks awarded to each candidates at the interview by Selection Committee shall be added to the marks obtained by him in the aptitude test.

(4)     For the purpose of recruitment a Selection Committee shall be constituted comprising:

(i)       Chairman

(ii)      Appointing Authority

(iii)     A Technical Advisor, who shall be Head of Computer Centre from any University or Lecturer of any reputed Technical Institute viz. Engineering College I.I.T. etc., where degree in computer science is awarded.

(iv)    Nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens in the Selection Committee shall be made in accordance with the order made under Section 7 of the Uttar Pradesh Public Services (Representation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 as amended from time to time.

(5)     The appointing Authority shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate in the aptitude test and interview and recommend such number of candidates as they consider fit for appointment. If two or more of candidate obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in aptitude test shall be placed higher in the lists.

(6)     By direct recruitment (when recruitment is to be made otherwise than through an aptitude test).Application for permission to appear in the interview shall be called by the Appointing Authority in the prescribed Form which may be obtained from Secretary to the Commission's office on payment. If no application is received within the prescribed date or applications received are less than four times of the vacancies notified, the Appointing Authority shall re-advertise the notified vacancies.

(7)     The Appointing Authority having regard to the need for securing due representation of the candidate belonging to the Scheduled Castes, Schedules Tribes and other Categories in accordance with Regulation 6, shall call for interview such number of candidates, who fulfil in the requisite qualification, as they consider proper.

(8)     For the purpose of recruitment a Selection Committee shall be constituted comprising:

(1)     Chairman/Appointing Authority

(2)     Member of the Commission nominated by Chairman

(3)     A Technical Advisor, who shall be Head of Computer Centre from any University or Principal or Head of Computer Centre from recognised and reputed Technical Training Institute viz. Engineering College, Indian Institute of Technology, Kanpur etc., where degree in computer science is awarded:

Provided that if the Selection Committee so constituted does not include a person belonging to Scheduled Castes/Scheduled Tribes/Backward Classes then an officer holding Group 'A' post belonging to Scheduled Castes/Scheduled Tribes/Backward Classes shall be nominated as a member of the Selection Committee.

(9)     The Appointing Authority shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the candidate higher in age shall be placed higher in the list in order of merit.

Regulation - 16. Procedure for recruitment by promotion.

(1)     Recruitment by promotion shall be made on the basis of seniority subject to the rejection of unfit through a Selection Committee comprising:

FOR THE POSTS OF SYSTEM ANALYST, PROGRAMMER

GRADE-I AND PROGRAMMER GRADE-2

A Selection Committee consisting of the following shall be constituted by the Appointing Authority:

(1)     Chairman.Appointing Authority

(2)     Member.One member of the Commission nominated by the Appointing Authority

(3)     Member.Secretary

(4)     Nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens in the Selection Committee shall be made in accordance with the order made under Section 7 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 as amended from time to time.

FOR THE POST OF COMPUTER OPERATOR

Grade-C (Group-C)

A Selection Committee consisting of the following shall be constituted by the Appointing Authority:

(1)     Chairman.Appointing Authority (Secretary)

(2)     Member.One Senior Officer of the Commission nominated by the Secretary

(3)     Member.System Analyst of the Commission

(2)     The Appointing Authority shall prepare eligibility list of candidates in accordance with the Uttar Pradesh Promotion by Selection (On posts outside the purview of the Public Service Commission) Eligibility List Rules, 1986 and place the same before the Selection Committee along with their Character Rolls and such other records pertaining to them, as may be considered proper.

(3)     The Selection Committee shall consider the cases of candidates on the basis of the records, referred to in sub-regulation (2) and if considers necessary, it may interview the candidates also.

(4)     The Selection Committee shall prepare a list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the Appointing Authority.

Regulation - 17. Combined Selection List.

If in any year of recruitment appointments are made both by direct recruitment and by promotion a combined select list shall be prepared by taking the names of candidates from relevant lists. In such a manner that the prescribed percentage is maintained. The first name in the said list shall be of the person appointed by promotion.

PART VI APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Regulation - 18. Appointment.

(1)     Subject to the provisions of sub-regulation (2) the Appointing Authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Regulation 15(5), 15(9), 16(4) as the case may be.

(2)     Where in any year of recruitment appointments are to be made both by direct recruitment and by promotion, regular appointment shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Regulation 17.

(3)     If more; than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as is stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the order referred to in Regulation 17.

Regulation - 19. Probation.

(1)     A person on substantive appointment to a post in the service in or against a substantive vacancy shall be placed on probation for a period of two years.

(2)     The Appointing Authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted:

Provided that save in exceptional circumstances the period of probation shall not be extended beyond one year and in no circumstances beyond two years.

(3)     If it appears to the Appointing Authority at any time during or at the end of the period of probation or extended period of probation, that a probationer has not made sufficient use of his opportunities, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4)     A probationer who is reverted or whose services are dispensed with under sub-regulation (3) shall not be entitled to any compensation.

(5)     The Appointing Authority may allow continuous services, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post to take into account for the purpose of computing the period of probation.

Regulation - 20. Confirmation.

(1)     Subject to the provisions of sub-regulation (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if:

(a)      his work and conduct is reported to be satisfactory;

(b)      his integrity is certified, and

(c)      the authority is satisfied that he is a candidate fit for confirmation.

(2)     Where in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991 confirmation is not necessary the order under sub-regulation (3) of Regulation 5 of these regulations declaring the person concerned has successfully completed the probation shall be deemed to be the order of confirmation.

Regulation - 21. Seniority.

The seniority of persons appointed substantively in any category of post, shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991 as amended from time to time.

PART VII PAY ETC.

Regulation - 22. Scales of pay.

(1)     The scales of pay admissible to persons appointed to the various categories of posts in the service whether in a substantive or officiating capacity or as a temporary measure, shall be such as may be determined by the Government from time to time.

(2)     The scales of pay at the time of the commencement of these regulations are as follows:

Regulation - 23. Pay during probation.

(1)     Notwithstanding any provisions in the Fundamental Rules to the contrary, a person on probation, if he is not in permanent Government Service shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, and second increment after two years service, when he has completed the probationary period and is also confirmed:

Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the Appointing Authority directs otherwise.

(2)     The pay during probation of persons who was already holding a post under the Government shall be regulated by the relevant fundamental rules:

Provided that if the period of the probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the Appointing Authority directs otherwise.

(3)     The pay during probation of a person already in permanent Government Service shall be regulated by the relevant rules, applicable to the Government Servants serving generally in connection with the affairs of the State.

PART VIII OTHER PROVISIONS

Regulation - 24. Canvassing.

No recommendation, either written or oral, other than those required under the rule applicable to the post or service will not taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

Regulation - 25. Regulation of other matters.

In regard to the matters not specifically covered by these regulations or by special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally, to Government Servants serving in connection with the affairs of the State.

Regulation - 26. Relaxation from the Conditions of Service.

Where the State Government is satisfied that the operation of any regulation regulating the conditions of service of any persons appointed to the service causes undue hardship in any particular case, it may notwithstanding anything contained in the regulations applicable to the case, by order dispense with or relax the requirement of that regulation to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner with the approval of the Commission.

Regulation - 27. Savings.

Nothing in these regulations shall effect reservation and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes and other Special Categories of persons in accordance with the orders issued by the Government from time to time in this regard.

Regulation - 28. Re-designation.

(1)     The existing designation of the posts will be re-designated as follows from the date of commencement of these regulations:

(2)     The staff working against the existing designation will continue to work under the re-designated posts and the period of the service against existing posts will be deemed as against re-designated posts.

(3)     The scale of pay of the re-designated posts and existing posts will be the same.

 

APPENDIX-I

The sanctioned strength of various posts in the services is as follows: