THE UTTARAKHAND GOVERNMENT ELEMENTARY EDUCATION (TEACHER) SERVICE RULES, 2012

PREAMBLE

In continuation of Section 58 of the Uttarakhand School Education Act, 2006 (Act No, 8 of 2006), and in exercise of the powers conferred by the proviso to Article 309 of 'the Constitution of India', with Supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating, recruitment and conditions of service of persons appointed to the Uttarakhand Government Elementary Education (Teacher) Service--

Part I GENERAL

Rule 1. Short title and commencement.

(1)     These rules may be called the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012.

(2)     It shall come into force at once.

Rule 2. Status of the Service.

The Uttarakhand Government Elementary Education (Teacher) Service is a such State service, which comprising Group 'C' posts.

Rule 3. Definitions.

In these rules unless there is anything repugnant in the subject or the context,--

(a)      'Appointing Authority' means Deputy Education Officer (Elementary Education) in case of Assistant Teacher, Government Primary School/Attached Primary School and District Education Officer (Elementary Education) in case of Head Teacher, Government Primary School, Assistant Teacher, Government Upper Primary School/Government Model School and Head Teacher of Government, Upper Primary School/Government Model School;

(b)      'Attached Primary School' means Government Primary Schools from Class 1 to 5 attached with Government Intermediate College imparting education from Class 6 to 12;

(c)      'Block Education Officer' means the officer appointed by the State Government as such for a particular Block;

(d)      'Chief Education Officer means the officer appointed by the State Government as such for a particular District;

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

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

(g)      'Deputy Education Officer' means the officer appointed by the State Government as such for a particular Block;

(h)     'Director, Elementary Education' means the officer appointed by the State Government as such for a State of Uttarakhand;

(i)       'District Education Officer (Elementary Education)' means the Officer appointed by the State Government as such for a particular District;

(1)     (J) 'Government' means the State Government of Uttarakhand;

(j)       'Governor' means the Governor of Uttarakhand;

(k)      'Government Upper Primary School' means a school imparting education from Class VI to VIII;

(l)       'Local Area' means the area over which a Local Body exercise jurisdiction;

(m)    'Member of Service' mean persons permanently/substantially appointed under the provisions of these rules or under the rules prevalent before the notification of these rules or orders;

(n)     'Government Model School' means a school imparting education from Class I to VIII and which was in existence as Government School before notification of Uttarakhand School Education Act, 2006;

(o)      'Government Primary School' means a school imparting education from Class I to V;

(p)      'Principal' means the officer appointed in District Institute of Education and Training/District Resource Centre by the State Government as such for a particular District;

(q)      'Regional Additional Director Basic' means the officer appointed by the State Government as such for a particular Region;

(r)      'Rural Local Area' means the area having jurisdiction of Zila Panchayat, Kshetra Panchayat, Gram Panchayat and Nyay Panchayat;

(s)      'Selection Committee' means the Selection Committee constituted under Rule 16 and sub-rule (1) of Rule 19;

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

(u)     'Training institution' means an institution imparting Diploma/Degree training for teaching in Elementary Education recognized by NCTE and State Government;

(v)      Teacher' means Assistant Teacher/Head Master/Head Mistress of Government Primary School, Government Upper Primary School, Government Model School and Attached Primary School;

(w)     'Urban Local Area' means the area having jurisdiction of Nagar Nigam, Nagarpalika Parishad, Nagar Panchayat;

(x)      'Uttarakhand Government Elementary Education (Teacher) Service' means the member of the service as an Assistant Teacher and Head Teacher in Government Primary School, Government Upper Primary School, Government Model School, Attached Primary School;

(y)      Tear of recruitment' means a period of twelve months commencing from the First day of July of a calendar year;

(aa) The terms and expressions not expressly defined herein but defined in the Uttarakhand School Education Act, 2006 shall have the same meaning as assigned to them in the said Act.

Rule 4. Extent of application.

These rules shall apply to--

All teachers employed in Government Primary Schools, Government Upper Primary Schools, attached Government Primary Schools and Model Schools in Rural Local Area and Urban Local Area, as mentioned in Section 53 of Uttarakhand School Education Act, 2006.

Part II CADRE

Rule 5. Cadre and Strength of the Service.

Under these rules--

(1)     There shall be a separate cadre of service for Assistant teachers Government Primary School and attached Primary Schools in every block;

(2)     There shall be a separate cadre of service for Head Teachers in Government Primary School, Assistant Teachers in Government Upper Primary School, Government Model School and Head Teachers in Government Upper Primary School, Government Model School in every District:

Provided that teachers appointed before notification of these rules will be of District Cadre as before.

(3)     The strength of the cadre of the teaching staff pertaining to a local area and the number of the posts in the cadre shall be such as may be determined by the Government from time to time;

Provided that--

(a)      the appointing authority may leave unfilled or the Governor may hold in abeyance any post without thereby entitling any person to compensation;

(b)      the Governor may create such permanent or temporary post as it may deem fit.

PART III RECRUITMENT

Rule 6. Sources of recruitment.

The procedure of recruitment to the various categories of posts mentioned below shall be as follows--

Part IV QUALIFICATION

Rule 7. Age.

A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 35 years on the first day of July of the calendar year in which the vacancies are advertised:

Provided that the upper age limit in the case of candidate belonging to the Scheduled Caste, Scheduled Tribe, Other Backward Classes and such other categories to the State of Uttarakhand, as may be notified by the Government from time to time shall be greater by such number of years as may be specified:

Provided further that where after successful completion of a course of training prescribed for teachers of Government primary schools, the candidate who could not get appointment due to non-availability of vacancy in the Block, that period may be relaxed for which he has remained un-appointed and shall not be counted for the calculation of his age by prior approval of the Director Elementary Education, provided further that the candidate has not attained the age of more than forty years on the date of appointment.

Rule 8. 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 January 1, 1962 with the intention of permanently settling in India; or

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (Formerly Tanganyika 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 Inspector General of Police, Intelligence Branch, Uttarakhand:

Provided also that if a candidate belonging to category (c), no certificate of eligibility will be issued for a period of more than one year and such candidate may be retained in service after a period of one year only if he has acquired Indian Citizenship.

Note. A candidate in whose case certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to interview and he may also be provisionally appointed, subject to the necessary certificate being issued in his favour.

Rule 9. Academic qualification.

The essential qualification of candidates for appointment to a post referred to in clause (a) of Rule 6 shall be as shown below against it and to ensure the availability of the subject teachers in Government Upper Primary School as per sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 and its schedule, the essential academic qualification, subject combination and minimum experience for the teachers mentioned of clauses (c) and (d) shall be as shown against them in clauses (b) and (c)--

Note. The posts of clause (b) can be filled by direct recruitment if the departmental eligible candidates are not available for promotion but the candidate for direct recruitment must have academic, training and subject combination as mentioned in clause (b) and should have passed Teacher Eligibility Test (T.E.T.),'conducted by the State Government/Central Government in accordance with the Guidelines framed by the NCTE for the purpose.

Rule 10. Reservation.

Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and Other categories belonging to the State of Uttarakhand shall be made in accordance with the orders of the Government in force at the time of the Recruitment/Promotion.

Rule 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.

Note. Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

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

Rule 13. Physical Fitness.

(1)     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.

(2)     Before a candidate is finally approved for appointment he shall be required to pass an examination by a Medical Board:

Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

Part V PROCEDURE FOR RECRUITMENT

Rule 14. Determination of vacancies.

In respect of appointment by direct recruitment to the post the appointing authority shall determine the number of vacancies and also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and other categories to the State of Uttarakhand of under Rule 10 and shall intimate to the selection committee.

Rule 15. Preparation of list of eligible candidates.

(1)     After advertising the vacancies in news papers, the appointing authority shall invite applications from the candidates possessing prescribed training qualification from the district concerned and shall scrutinize the applications received against advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment:

Provided that for the candidate for appointment to the post referred in clause (a) of Rule 6 for teaching Urdu, Bachelor's degree with Urdu as one of the subject or a Master's degree with Urdu is essential;

Provided further that to test special ability to teach in specific language such as Urdu, the selection committee shall arrange a written examination which shall be of 100 marks. In written examination the candidate will be required to write an essay on a current topic in the language in respect of which the post is to be filled. Minimum pass marks in written examination will be 50 per cent and the candidate who will get the minimum pass marks will be eligible for appointment. A candidate who obtains less than fifty percent marks in the written examination shall be disqualified for appointment.

(2)     For such female candidate whose home district is changed because of marriage after selection in the training. Regional Additional Education Director (Basic) of the concerned region on her application can order to add the name of such female candidate in her new home district which may be different district of her training.

(3)     The name of candidates in the list prepared under sub-rule (1) shall be arranged in the descending order of qualifying marks obtained in Teacher Eligible Test (T.E.T.).

(4)     No candidate shall be eligible for appointment unless his name is not included in the list prepared under sub-rules (1) and (3).

(5)     This list prepared under sub-rules (1) and (3) shall be forwarded by the appointing authority to the Selection Committee.

Rule 16. Constitution of Selection Committee.

For the selection of candidates by direct recruitment to any post under these rules, a selection committee comprising following members shall be constituted--

Provided that if no Member belonging to Scheduled Castes/Scheduled Tribes, Other Backward Classes or the Minority Community to the State of Uttarakhand then the nominated Officer by the District Magistrate shall be from this category.

Rule 17. Prepare a list of selected candidates.

(1)     The selection committee constituted under Rule 16 shall consider the candidates for selection on the basis of the list referred in sub-rules (1) and (2) of Rule 15 and prepare a list of selected candidates in the order in which their names appear in the merit list. If two or more candidates have equal merit points, the name of candidate who is senior in age shall be placed higher in the list.

(2)     The selection committee shall fix any date for the verification of original certificates of the selected candidates and will inform those persons about the date whose names are included in the list prepared under sub-rules (1) and (2) of Rule 15.

(3)     The selection committee, on the date fixed, shall scrutinize the original certificates of such candidates who will appear before it and whose names are included in the list prepared under sub-rules (1) and (2) of Rule 15. The selection committee shall prepare the list of eligible candidates in accordance with the sub-rule (2) of Rule 15.

(4)     The selection committee shall prepare a waiting list of candidates of each category (reserved and unreserved) having not more than 25% of the total vacant posts. The list prepared under this rule shall remain valid for one year or the next meeting of the selection committee, whichever is earlier, from the date of its preparation.

(5)     The selection committee shall forward the list prepared under sub-rules (3) and (4) to appointing authority.

Part VI PROCEDURE FOR RECRUITMENT BY PROMOTION

Rule 18. Fixation of Seniority for Promotion.

(1)     For promotion to the post of Head Teacher Primary School, Assistant Teacher Government Upper Primary School and Government Model School in the district cadre the District Education Officer (Elementary Education) of the concerning district shall prepare a combined seniority list of all the Assistant teachers working in the Government Primary Schools and attached Primary Schools of the Block cadre. Combined seniority in the district cadre shall be determined by reckoning the service from the date of substantive appointment in the feeding cadre. The teacher older in age shall be placed higher in the list in case the date of substantive appointment is same.

(2)     For promotion to the post of Head Teacher Government Upper Primary School/Government Model School in the District cadre, a combined seniority list of Head Teachers Primary School, Assistant Teachers Government Upper Primary School and Government Model School shall be prepared by reckoning the service from the date of substantive appointment in the feeding cadre.

Rule 19. Selection Committee for recruitment by promotion.

(1)     Recruitment by promotion a Selection Committee shall be constituted as follows--

Provided that if no Member belonging to Scheduled Castes/Scheduled Tribes, Other Backward Classes or the Minority Community to the State of Uttarakhand then the nominated Officer by the District Magistrate shall be from this category.

(2)     Recruitment by promotion on the posts mentioned in clause (b), (c) and (d) of Rule 6 shall be done on the basis of seniority subject to rejection of unfit, by the selection committee constituted sub-rule (1) in the following manner:

(3)     Promotion for the posts given hereunder shall be as follows--

(a)      Head Master/Head Mistress, Government Primary School:

For promotion on the post of Head Master/Head Mistress Government Primary School the Appointing authority shall prepare a combined seniority list of assistant teacher working in the Government Primary Schools and attached Primary Schools of the district, Appointing authority shall place this list before selection committee. Promotion shall be done on the basis of seniority subject to rejection of unfit, by the selection committee;

(b)      Assistant Master/Mistress Government Upper Primary School/Government Model School:

For promotion on the post of Assistant Teacher, Government Upper Primary School/Government Model School the appointing authority shall prepare a subject wise combined seniority list of all Assistant Teachers Government Primary School and Government attached Primary School, possessing the subject combination and eligibility mentioned clause (b) of under Rule 9. The appointing authority shall place this list before the selection committee. Promotion shall be done on the basis of seniority subject to rejection of unfit:

Provided that the appointing authority shall invite options from the Assistant Teachers Government Primary School/Government attached Primary Schools, eligible as per Rule 19 for promotion to the post of Head Teacher Government Primary School or Assistant Teacher Government Upper Primary School/Government model schools. Option thus received shall be enlisted separately and shall be placed before the selection committee. The appointing authority shall prepare a select list from the list mentioned above, determining the posts reserved and unreserved as per Rule 10 against the vacancies. Confidential Reports of last five years and other necessary documents along with the list prepared shall be placed before the selection committee. Selection Committee shall forward the select list in accordance with the options for promotion to the appointing authority.

Options for promotion as per eligibility opted by Assistant Teachers Government Primary School/Government attached Primary School for Head Teacher Government Primary School or Assistant teacher Government Upper Primary School/Government Model School will be mentioned in the service book of the teacher, Posts once opted will be irreversible.

(c)      Head Master/Mistress, Government Upper Primary School/Government Model School:

For promotion on the post of Head Teachers Government Upper Primary School/Government Model School, the appointing authority shall prepare a seniority list on the basis of substantial appointment in the feeding cadre from the Head teachers Government Primary Schools and Assistant Teachers Government Upper Primary School/Government Model School and placed it before the selection committee along with the annual confidential report and other essential documents. The promotion shall be given in order of seniority subject to rejection of unfit.

(4)     For promotion on the posts mentioned under clause (a), (b) and (c) of sub-rule (1) of Rule 19 the selection committee shall forward the list of eligible candidates in accordance with the seniority to the appointing authority. After that the promotion orders shall be issued by the appointing authority.

(5)     Women teachers from the list prepared clauses (b) and (c) or sub-rule (1) of under Rule 19 shall only be posted in the Government Girls Upper Primary School.

In case of non-availability of vacancies in the Government Girls Upper Primary School, women teachers from the list prepared, may be promoted and posted in the Government Upper Primary School of co-education.

(6)     If a teacher on promotion does not join the post within the stipulated time, then he/she shall not be considered for promotion for the next three years. Refusal of promotion as such shall compulsorily be mentioned in his/her service book and no financial benefits such as selection/promotion grade are accruable to him/her as the case may be.

PART VII APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule 20. Appointment order.

(1)     The appointing authority shall appoint the candidates in the order they stand in the list prepared under Rule 15.

(2)     If more than one appointment orders are issued against one selection, a combined order bearing the names of the persons selected in order of seniority as determined in the select list as it stood in the cadre from which they are promoted shall also be issued.

(3)     All appointments are made under these rules shall be in written.

Rule 21. Probation.

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

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

(3)     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 save in exceptional circumstances, the period of probation shall not be extended beyond two years.

(4)     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 or has otherwise failed to give satisfaction as the case may be he may be reverted to his substantive post, of any, and if he does not hold a lien on any post, his services may be dispensed with.

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

Rule 22. Confirmation.

A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if--

(a)      he has passed the prescribed departmental examination, if any;

(b)      he has successfully undergone the prescribed training, if any;

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

(d)      his integrity is certified; and

(e)      the appointing authority is satisfied that he is otherwise fit for confirmation.

Rule 23. Seniority.

(1)     Except as hereinafter provided, the seniority of persons in any category of post shall be determined according to the Uttarakhand Government Servants Seniority Rules, 2002. The seniority of persons in any category of post shall be determined from, the date of the orders of substantive appointment and if two or more persons are appointed together, by such order in which their names are arranged in the appointment order:

Provided that the appointment order specifies a particular back date with effect from which a person substantively appointed that date, will be deemed to be the date of order of substantive appointment and, in other case, it will mean the date of issue of the order:

Provided further that if after a selection, more than one appointment orders are issued, the seniority shall be such as, is mentioned in the combined appointment order issued under sub-rule (2) of Rule 20.

(2)     The seniority inter se of persons appointed directly on the result of any selection shall be the same as determined by the Selection Committee:

Provided that a candidate recruited directly may lose his seniority if he fails to join the post offered, without valid reasons and his appointment will also be cancelled.

(3)     The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.

(4)     The name of the persons, appointed through direct recruitment on the posts mentioned clause (b) of under Rule 9 shall be placed just below the last name of the combined seniority list of the Head Teacher Government Primary School and Assistant Teacher Government Upper Primary School/Government Model School, who are promoted just before the substantive appointment of the persons appointed through direct recruitment.

Part VIII SCALES OF PAY

Rule 24. Scales of Pay.

The scales of pay, admissible to persons appointed to the various categories of posts in the service, shall be such as may be determined by the Government from time to time. The scales of pay at the time of the commencement of these rules are given in Annexure 'A'.

Rule 25. Pay During Probation.

(1)     Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, has passed departmental examination and undergone training, where prescribed, and second increment after two years of service when he has completed the probation 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 be counted for increment unless the Appointing Authority directs otherwise.

(2)     The pay during probation of a person, who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules, applicable generally to Government servants serving in connection with the affairs of the State.

(3)     The day during probation of a person, who was already holding a permanent post under the Government, shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State.

Part IX OTHER PROVISIONS

Rule 26. Canvassing.

No recommendations, either written or oral, other than those required under the rules applicable to the post of service, shall be taken into consideration. Any evidence of attempt on the part of a candidate to enlist support directly for his candidature will disqualify him for appointment.

Rule 27. Regulation of the other matters.

In regard to the matters not specifically covered by these rules of 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.

Rule 28. Relaxation in the conditions of service.

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

Rule 29. Saving.

Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes of citizens and other special categories of persons to the State of Uttarakhand in accordance with the orders of the Government, issued from time to time in this regard.

ANNEXURE 'A'

[See Rule 24]

 

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THE UTTARAKHAND GOVERNMENT ELEMENTARY EDUCATION (TEACHER) SERVICE RULES, 2012

PREAMBLE

In continuation of Section 58 of the Uttarakhand School Education Act, 2006 (Act No, 8 of 2006), and in exercise of the powers conferred by the proviso to Article 309 of 'the Constitution of India', with Supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating, recruitment and conditions of service of persons appointed to the Uttarakhand Government Elementary Education (Teacher) Service--

Part I GENERAL

Rule 1. Short title and commencement.

(1)     These rules may be called the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012.

(2)     It shall come into force at once.

Rule 2. Status of the Service.

The Uttarakhand Government Elementary Education (Teacher) Service is a such State service, which comprising Group 'C' posts.

Rule 3. Definitions.

In these rules unless there is anything repugnant in the subject or the context,--

(a)      'Appointing Authority' means Deputy Education Officer (Elementary Education) in case of Assistant Teacher, Government Primary School/Attached Primary School and District Education Officer (Elementary Education) in case of Head Teacher, Government Primary School, Assistant Teacher, Government Upper Primary School/Government Model School and Head Teacher of Government, Upper Primary School/Government Model School;

(b)      'Attached Primary School' means Government Primary Schools from Class 1 to 5 attached with Government Intermediate College imparting education from Class 6 to 12;

(c)      'Block Education Officer' means the officer appointed by the State Government as such for a particular Block;

(d)      'Chief Education Officer means the officer appointed by the State Government as such for a particular District;

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

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

(g)      'Deputy Education Officer' means the officer appointed by the State Government as such for a particular Block;

(h)     'Director, Elementary Education' means the officer appointed by the State Government as such for a State of Uttarakhand;

(i)       'District Education Officer (Elementary Education)' means the Officer appointed by the State Government as such for a particular District;

(1)     (J) 'Government' means the State Government of Uttarakhand;

(j)       'Governor' means the Governor of Uttarakhand;

(k)      'Government Upper Primary School' means a school imparting education from Class VI to VIII;

(l)       'Local Area' means the area over which a Local Body exercise jurisdiction;

(m)    'Member of Service' mean persons permanently/substantially appointed under the provisions of these rules or under the rules prevalent before the notification of these rules or orders;

(n)     'Government Model School' means a school imparting education from Class I to VIII and which was in existence as Government School before notification of Uttarakhand School Education Act, 2006;

(o)      'Government Primary School' means a school imparting education from Class I to V;

(p)      'Principal' means the officer appointed in District Institute of Education and Training/District Resource Centre by the State Government as such for a particular District;

(q)      'Regional Additional Director Basic' means the officer appointed by the State Government as such for a particular Region;

(r)      'Rural Local Area' means the area having jurisdiction of Zila Panchayat, Kshetra Panchayat, Gram Panchayat and Nyay Panchayat;

(s)      'Selection Committee' means the Selection Committee constituted under Rule 16 and sub-rule (1) of Rule 19;

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

(u)     'Training institution' means an institution imparting Diploma/Degree training for teaching in Elementary Education recognized by NCTE and State Government;

(v)      Teacher' means Assistant Teacher/Head Master/Head Mistress of Government Primary School, Government Upper Primary School, Government Model School and Attached Primary School;

(w)     'Urban Local Area' means the area having jurisdiction of Nagar Nigam, Nagarpalika Parishad, Nagar Panchayat;

(x)      'Uttarakhand Government Elementary Education (Teacher) Service' means the member of the service as an Assistant Teacher and Head Teacher in Government Primary School, Government Upper Primary School, Government Model School, Attached Primary School;

(y)      Tear of recruitment' means a period of twelve months commencing from the First day of July of a calendar year;

(aa) The terms and expressions not expressly defined herein but defined in the Uttarakhand School Education Act, 2006 shall have the same meaning as assigned to them in the said Act.

Rule 4. Extent of application.

These rules shall apply to--

All teachers employed in Government Primary Schools, Government Upper Primary Schools, attached Government Primary Schools and Model Schools in Rural Local Area and Urban Local Area, as mentioned in Section 53 of Uttarakhand School Education Act, 2006.

Part II CADRE

Rule 5. Cadre and Strength of the Service.

Under these rules--

(1)     There shall be a separate cadre of service for Assistant teachers Government Primary School and attached Primary Schools in every block;

(2)     There shall be a separate cadre of service for Head Teachers in Government Primary School, Assistant Teachers in Government Upper Primary School, Government Model School and Head Teachers in Government Upper Primary School, Government Model School in every District:

Provided that teachers appointed before notification of these rules will be of District Cadre as before.

(3)     The strength of the cadre of the teaching staff pertaining to a local area and the number of the posts in the cadre shall be such as may be determined by the Government from time to time;

Provided that--

(a)      the appointing authority may leave unfilled or the Governor may hold in abeyance any post without thereby entitling any person to compensation;

(b)      the Governor may create such permanent or temporary post as it may deem fit.

PART III RECRUITMENT

Rule 6. Sources of recruitment.

The procedure of recruitment to the various categories of posts mentioned below shall be as follows--

Part IV QUALIFICATION

Rule 7. Age.

A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 35 years on the first day of July of the calendar year in which the vacancies are advertised:

Provided that the upper age limit in the case of candidate belonging to the Scheduled Caste, Scheduled Tribe, Other Backward Classes and such other categories to the State of Uttarakhand, as may be notified by the Government from time to time shall be greater by such number of years as may be specified:

Provided further that where after successful completion of a course of training prescribed for teachers of Government primary schools, the candidate who could not get appointment due to non-availability of vacancy in the Block, that period may be relaxed for which he has remained un-appointed and shall not be counted for the calculation of his age by prior approval of the Director Elementary Education, provided further that the candidate has not attained the age of more than forty years on the date of appointment.

Rule 8. 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 January 1, 1962 with the intention of permanently settling in India; or

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (Formerly Tanganyika 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 Inspector General of Police, Intelligence Branch, Uttarakhand:

Provided also that if a candidate belonging to category (c), no certificate of eligibility will be issued for a period of more than one year and such candidate may be retained in service after a period of one year only if he has acquired Indian Citizenship.

Note. A candidate in whose case certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to interview and he may also be provisionally appointed, subject to the necessary certificate being issued in his favour.

Rule 9. Academic qualification.

The essential qualification of candidates for appointment to a post referred to in clause (a) of Rule 6 shall be as shown below against it and to ensure the availability of the subject teachers in Government Upper Primary School as per sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 and its schedule, the essential academic qualification, subject combination and minimum experience for the teachers mentioned of clauses (c) and (d) shall be as shown against them in clauses (b) and (c)--

Note. The posts of clause (b) can be filled by direct recruitment if the departmental eligible candidates are not available for promotion but the candidate for direct recruitment must have academic, training and subject combination as mentioned in clause (b) and should have passed Teacher Eligibility Test (T.E.T.),'conducted by the State Government/Central Government in accordance with the Guidelines framed by the NCTE for the purpose.

Rule 10. Reservation.

Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and Other categories belonging to the State of Uttarakhand shall be made in accordance with the orders of the Government in force at the time of the Recruitment/Promotion.

Rule 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.

Note. Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

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

Rule 13. Physical Fitness.

(1)     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.

(2)     Before a candidate is finally approved for appointment he shall be required to pass an examination by a Medical Board:

Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

Part V PROCEDURE FOR RECRUITMENT

Rule 14. Determination of vacancies.

In respect of appointment by direct recruitment to the post the appointing authority shall determine the number of vacancies and also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and other categories to the State of Uttarakhand of under Rule 10 and shall intimate to the selection committee.

Rule 15. Preparation of list of eligible candidates.

(1)     After advertising the vacancies in news papers, the appointing authority shall invite applications from the candidates possessing prescribed training qualification from the district concerned and shall scrutinize the applications received against advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment:

Provided that for the candidate for appointment to the post referred in clause (a) of Rule 6 for teaching Urdu, Bachelor's degree with Urdu as one of the subject or a Master's degree with Urdu is essential;

Provided further that to test special ability to teach in specific language such as Urdu, the selection committee shall arrange a written examination which shall be of 100 marks. In written examination the candidate will be required to write an essay on a current topic in the language in respect of which the post is to be filled. Minimum pass marks in written examination will be 50 per cent and the candidate who will get the minimum pass marks will be eligible for appointment. A candidate who obtains less than fifty percent marks in the written examination shall be disqualified for appointment.

(2)     For such female candidate whose home district is changed because of marriage after selection in the training. Regional Additional Education Director (Basic) of the concerned region on her application can order to add the name of such female candidate in her new home district which may be different district of her training.

(3)     The name of candidates in the list prepared under sub-rule (1) shall be arranged in the descending order of qualifying marks obtained in Teacher Eligible Test (T.E.T.).

(4)     No candidate shall be eligible for appointment unless his name is not included in the list prepared under sub-rules (1) and (3).

(5)     This list prepared under sub-rules (1) and (3) shall be forwarded by the appointing authority to the Selection Committee.

Rule 16. Constitution of Selection Committee.

For the selection of candidates by direct recruitment to any post under these rules, a selection committee comprising following members shall be constituted--

Provided that if no Member belonging to Scheduled Castes/Scheduled Tribes, Other Backward Classes or the Minority Community to the State of Uttarakhand then the nominated Officer by the District Magistrate shall be from this category.

Rule 17. Prepare a list of selected candidates.

(1)     The selection committee constituted under Rule 16 shall consider the candidates for selection on the basis of the list referred in sub-rules (1) and (2) of Rule 15 and prepare a list of selected candidates in the order in which their names appear in the merit list. If two or more candidates have equal merit points, the name of candidate who is senior in age shall be placed higher in the list.

(2)     The selection committee shall fix any date for the verification of original certificates of the selected candidates and will inform those persons about the date whose names are included in the list prepared under sub-rules (1) and (2) of Rule 15.

(3)     The selection committee, on the date fixed, shall scrutinize the original certificates of such candidates who will appear before it and whose names are included in the list prepared under sub-rules (1) and (2) of Rule 15. The selection committee shall prepare the list of eligible candidates in accordance with the sub-rule (2) of Rule 15.

(4)     The selection committee shall prepare a waiting list of candidates of each category (reserved and unreserved) having not more than 25% of the total vacant posts. The list prepared under this rule shall remain valid for one year or the next meeting of the selection committee, whichever is earlier, from the date of its preparation.

(5)     The selection committee shall forward the list prepared under sub-rules (3) and (4) to appointing authority.

Part VI PROCEDURE FOR RECRUITMENT BY PROMOTION

Rule 18. Fixation of Seniority for Promotion.

(1)     For promotion to the post of Head Teacher Primary School, Assistant Teacher Government Upper Primary School and Government Model School in the district cadre the District Education Officer (Elementary Education) of the concerning district shall prepare a combined seniority list of all the Assistant teachers working in the Government Primary Schools and attached Primary Schools of the Block cadre. Combined seniority in the district cadre shall be determined by reckoning the service from the date of substantive appointment in the feeding cadre. The teacher older in age shall be placed higher in the list in case the date of substantive appointment is same.

(2)     For promotion to the post of Head Teacher Government Upper Primary School/Government Model School in the District cadre, a combined seniority list of Head Teachers Primary School, Assistant Teachers Government Upper Primary School and Government Model School shall be prepared by reckoning the service from the date of substantive appointment in the feeding cadre.

Rule 19. Selection Committee for recruitment by promotion.

(1)     Recruitment by promotion a Selection Committee shall be constituted as follows--

Provided that if no Member belonging to Scheduled Castes/Scheduled Tribes, Other Backward Classes or the Minority Community to the State of Uttarakhand then the nominated Officer by the District Magistrate shall be from this category.

(2)     Recruitment by promotion on the posts mentioned in clause (b), (c) and (d) of Rule 6 shall be done on the basis of seniority subject to rejection of unfit, by the selection committee constituted sub-rule (1) in the following manner:

(3)     Promotion for the posts given hereunder shall be as follows--

(a)      Head Master/Head Mistress, Government Primary School:

For promotion on the post of Head Master/Head Mistress Government Primary School the Appointing authority shall prepare a combined seniority list of assistant teacher working in the Government Primary Schools and attached Primary Schools of the district, Appointing authority shall place this list before selection committee. Promotion shall be done on the basis of seniority subject to rejection of unfit, by the selection committee;

(b)      Assistant Master/Mistress Government Upper Primary School/Government Model School:

For promotion on the post of Assistant Teacher, Government Upper Primary School/Government Model School the appointing authority shall prepare a subject wise combined seniority list of all Assistant Teachers Government Primary School and Government attached Primary School, possessing the subject combination and eligibility mentioned clause (b) of under Rule 9. The appointing authority shall place this list before the selection committee. Promotion shall be done on the basis of seniority subject to rejection of unfit:

Provided that the appointing authority shall invite options from the Assistant Teachers Government Primary School/Government attached Primary Schools, eligible as per Rule 19 for promotion to the post of Head Teacher Government Primary School or Assistant Teacher Government Upper Primary School/Government model schools. Option thus received shall be enlisted separately and shall be placed before the selection committee. The appointing authority shall prepare a select list from the list mentioned above, determining the posts reserved and unreserved as per Rule 10 against the vacancies. Confidential Reports of last five years and other necessary documents along with the list prepared shall be placed before the selection committee. Selection Committee shall forward the select list in accordance with the options for promotion to the appointing authority.

Options for promotion as per eligibility opted by Assistant Teachers Government Primary School/Government attached Primary School for Head Teacher Government Primary School or Assistant teacher Government Upper Primary School/Government Model School will be mentioned in the service book of the teacher, Posts once opted will be irreversible.

(c)      Head Master/Mistress, Government Upper Primary School/Government Model School:

For promotion on the post of Head Teachers Government Upper Primary School/Government Model School, the appointing authority shall prepare a seniority list on the basis of substantial appointment in the feeding cadre from the Head teachers Government Primary Schools and Assistant Teachers Government Upper Primary School/Government Model School and placed it before the selection committee along with the annual confidential report and other essential documents. The promotion shall be given in order of seniority subject to rejection of unfit.

(4)     For promotion on the posts mentioned under clause (a), (b) and (c) of sub-rule (1) of Rule 19 the selection committee shall forward the list of eligible candidates in accordance with the seniority to the appointing authority. After that the promotion orders shall be issued by the appointing authority.

(5)     Women teachers from the list prepared clauses (b) and (c) or sub-rule (1) of under Rule 19 shall only be posted in the Government Girls Upper Primary School.

In case of non-availability of vacancies in the Government Girls Upper Primary School, women teachers from the list prepared, may be promoted and posted in the Government Upper Primary School of co-education.

(6)     If a teacher on promotion does not join the post within the stipulated time, then he/she shall not be considered for promotion for the next three years. Refusal of promotion as such shall compulsorily be mentioned in his/her service book and no financial benefits such as selection/promotion grade are accruable to him/her as the case may be.

PART VII APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule 20. Appointment order.

(1)     The appointing authority shall appoint the candidates in the order they stand in the list prepared under Rule 15.

(2)     If more than one appointment orders are issued against one selection, a combined order bearing the names of the persons selected in order of seniority as determined in the select list as it stood in the cadre from which they are promoted shall also be issued.

(3)     All appointments are made under these rules shall be in written.

Rule 21. Probation.

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

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

(3)     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 save in exceptional circumstances, the period of probation shall not be extended beyond two years.

(4)     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 or has otherwise failed to give satisfaction as the case may be he may be reverted to his substantive post, of any, and if he does not hold a lien on any post, his services may be dispensed with.

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

Rule 22. Confirmation.

A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if--

(a)      he has passed the prescribed departmental examination, if any;

(b)      he has successfully undergone the prescribed training, if any;

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

(d)      his integrity is certified; and

(e)      the appointing authority is satisfied that he is otherwise fit for confirmation.

Rule 23. Seniority.

(1)     Except as hereinafter provided, the seniority of persons in any category of post shall be determined according to the Uttarakhand Government Servants Seniority Rules, 2002. The seniority of persons in any category of post shall be determined from, the date of the orders of substantive appointment and if two or more persons are appointed together, by such order in which their names are arranged in the appointment order:

Provided that the appointment order specifies a particular back date with effect from which a person substantively appointed that date, will be deemed to be the date of order of substantive appointment and, in other case, it will mean the date of issue of the order:

Provided further that if after a selection, more than one appointment orders are issued, the seniority shall be such as, is mentioned in the combined appointment order issued under sub-rule (2) of Rule 20.

(2)     The seniority inter se of persons appointed directly on the result of any selection shall be the same as determined by the Selection Committee:

Provided that a candidate recruited directly may lose his seniority if he fails to join the post offered, without valid reasons and his appointment will also be cancelled.

(3)     The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.

(4)     The name of the persons, appointed through direct recruitment on the posts mentioned clause (b) of under Rule 9 shall be placed just below the last name of the combined seniority list of the Head Teacher Government Primary School and Assistant Teacher Government Upper Primary School/Government Model School, who are promoted just before the substantive appointment of the persons appointed through direct recruitment.

Part VIII SCALES OF PAY

Rule 24. Scales of Pay.

The scales of pay, admissible to persons appointed to the various categories of posts in the service, shall be such as may be determined by the Government from time to time. The scales of pay at the time of the commencement of these rules are given in Annexure 'A'.

Rule 25. Pay During Probation.

(1)     Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, has passed departmental examination and undergone training, where prescribed, and second increment after two years of service when he has completed the probation 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 be counted for increment unless the Appointing Authority directs otherwise.

(2)     The pay during probation of a person, who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules, applicable generally to Government servants serving in connection with the affairs of the State.

(3)     The day during probation of a person, who was already holding a permanent post under the Government, shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State.

Part IX OTHER PROVISIONS

Rule 26. Canvassing.

No recommendations, either written or oral, other than those required under the rules applicable to the post of service, shall be taken into consideration. Any evidence of attempt on the part of a candidate to enlist support directly for his candidature will disqualify him for appointment.

Rule 27. Regulation of the other matters.

In regard to the matters not specifically covered by these rules of 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.

Rule 28. Relaxation in the conditions of service.

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

Rule 29. Saving.

Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes of citizens and other special categories of persons to the State of Uttarakhand in accordance with the orders of the Government, issued from time to time in this regard.

ANNEXURE 'A'

[See Rule 24]