TRANSPORT DEPARTMENT HARYANA (GROUP C) SERVICE RULES, 2021

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules regulating the recruitment and conditions of service of persons appointed to the Transport Department Haryana (Group C) Service, namely:-

PART I

GENERAL

Rule 1. Short title, commencement and applicability.-

(1)     These rules may be called the Transport Department Haryana (Group C) Service Rules, 2021.

(2)     They shall come into force on the date of their publication in the Official Gazette.

(3)     These rules shall be applicable to all Group C employees of Head Office and Field Offices appointed on regular basis.

Rule 2. Definitions.-

In these rules, unless the context otherwise requires,-

(a)      "Commission" means the Haryana Staff Selection Commission;

(b)      "direct recruitment" means an appointment made otherwise than by promotion from within the Service or by transfer of an official already in the service of the Government of India or any State Government;

(c)      "Field Offices" means offices of Transport Department, Haryana other than the Head Office;

(d)      "Government" means the Government of the State of Haryana in the administrative department;

(e)      "Head Office" means the office of the Transport Commissioner;

(f)       "institution" means -

(i)       any institution established by law in force in the State of Haryana; or

(ii)      any other institution recognized by the Government for the purposes of these rules;

(g)      " recognized university" means -

(i)       any university incorporated by law in India; or

(ii)      any other university which is declared by the Government to be a recognized university for the purposes of these rules;

(h)     "Service" means the Transport Department Haryana (Group C) Service;

(i)       "Transport Commissioner" means the Transport Commissioner, Transport Department, Haryana.

PART II

RECRUITMENT TO SERVICE

Rule 3. Number and character of posts.-

The Service shall comprise the posts shown in Appendix A of these rules:

Provided that nothing in these rules shall affect the inherent right of the Government to make additions to or reductions in, the number of such posts or to create new posts with different designations and scales of pay.

Rule 4. Nationality, domicile and character of candidates appointed to Service.-

(2)     No person shall be appointed to any post in the Service, unless he is -

(a)      a citizen of India; or

(b)      a subject of Nepal; or

(c)      a subject of Bhutan:

Provided that a person belonging to any of the categories (b) or (c) shall be a person in whose favour a certificate of eligibility has been issued by the Government.

(3)     A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or any other recruiting authority but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.

(4)     No person shall be appointed to any post in the Service by direct recruitment, unless he produces a certificate of character from the Principal Academic Officer of the university, college, school or institution last attended, if any, and similar certificate from two other responsible persons, not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.

Rule 5. Age.-

No person shall be appointed to any post in the Service by direct recruitment who is less than eighteen years or more than forty-two years of age, on the last date of submission of application to the Commission or any other recruiting authority:

Provided that a relaxation in upper age limit shall be admissible to the persons of various categories as may be prescribed by the Government from time to time.

Rule 6. Appointing authority.-

All appointments to the posts in the Service shall be made by the Transport Commissioner.

Rule 7. Qualifications and experience.-

No person shall be appointed to any post in the Service, unless he is in possession of the qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of appointment other than by direct recruitment:

Provided that in case of direct recruitment, the qualification regarding experience shall be relaxable to the extent of 50% at the discretion of the Commission or any other recruiting authority in case sufficient number of candidates belonging to Scheduled Castes, Backward Classes, Ex-serviceman and physically handicapped candidates possessing the requisite experience are not available to fill up the vacancies reserved for them, after recording reasons for so doing in writing.

Rule 8. Disqualifications.-

No person,-

(a)      who has entered into or contracted a marriage with a person having a spouse living; or

(b)      who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any post in the Service:

Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for doing so, exempt any person from the operation of this rule.

Rule 9. Method of recruitment.-

(1)     Recruitment to the service shall be made,-

(a)      In case of Assistant Public Relation Officer by deputation of an official already in the service of any State Government or Government of India.

(b)      in the case of Motor Vehicle Inspector-

(i)       by direct recruitment; or

(ii)      by deputation of an official already in the service of any State Government or Government of India;

(c)      In the case of Junior Programmer by deputation of an official already in the service of any State Government or the Government of India.

(d)      in the case of Senior Scale Stenographer-

(i)       by promotion from amongst the Junior Scale Stenographers; or

(ii)      by deputation of an official already in the service of any State Government or the Government of India.

(e)      In the case of Assistant/Transport Inspector-

(i)       by promotion from amongst the Junior Scale Stenographer or Clerk or Steno-Typists; or

(ii)      by deputation of an official already in the service of any State Government or the Government of India.

(f)       In the case of Junior Scale Stenographer-

(i)       by promotion from amongst Steno-Typists; or

(ii)      by deputation of an official already in the service of any State Government or the Government of India.

(g)      In the case of Driver-

(h)     by direct recruitment; or

(i)       by deputation of an official already in the service of any State Government or the Government of India.

(i)       In the case of Steno Typist-

(i)       by direct recruitment; or

(ii)      by deputation of an official already in the service of any State Government or Government of India.

(j)       In the case of Clerk/Transport Sub Inspector-

(i)       80% by direct recruitment; and

(ii)      20% by promotion from amongst the Group-D employees; or

(iii)     by deputation of an official already in the service of any State Government or Government of India.

(2)     All promotions unless otherwise provided shall be made on seniority-cum-merit basis and seniority alone shall not confer any right to such promotions.

Rule 10. State Eligibility Test in Computer Appreciation and Applications.-

(1)     Typing test is substituted with the State Eligibility Test in Computer Appreciation and Applications (SETC) as a part of service requirement for the Clerks and the Steno-typists. The State Eligibility Test in Computer Appreciation and Applications (SETC) shall be a post requisite condition/qualification which all the newly recruited/appointed Clerks, Steno-typists shall have to pass. The existing Clerks, who have been promoted from Group-D and Restorer etc. who have not passed the typing test till date as required under the Service Rules shall have an option either to pass the typing test or the State Eligibility Test in Computer Appreciation and Applications (SETC). The Steno-typists, the Junior Scale Stenographers and the Senior Scale Stenographers shall also have to qualify stenography test as prescribed in the Service Rules.

(2)     The candidate shall have to qualify the State Eligibility Test in Computer Appreciation and Applications (SETC). No annual increment and no promotion shall be admissible during the period of non qualifying the State Eligibility Test in Computer Appreciation and Applications.

(3)     The Government of Haryana hereby authorizes the Haryana State Electronic Development Corporation Limited (HARTRON) or any other agency as prescribed by the Government, as the authorized Agency for conducting the State Eligibility Test in Computer Appreciation and Applications (SETC), alongwith a test in typing speed in accordance with the syllabus as the state Government may specify in this regard from time to time, besides the syllabus already provided in sub-rule (4) of this rule. The 'pass' certificate issued by HARTRON or any other agency, as approved by the Government would be accepted as an evidence of the fulfilment of the prescribed condition in the Service Rules.

(4)     The syllabus for the State Eligibility Test in Computer Appreciation and Applications (SETC) would contain Word processing, internet browsing and E-mail management only.

(5)     In the case of Clerks, typing speed of 30 words per minute in English and 25 words per minute in Hindi converted with equivalent key depressions in both cases as the typing speed, would be tested on computers.

(6)     The employees possessing the following qualifications are exempted from taking the State Eligibility Test in Computer Appreciation and Applications (SETC):-

(i)       M.Tech./B.Tech. (Computers), M.C.A., B.C.A. or Diploma in Computers from the recognized institutions e.g. Polytechnics;

(ii)      Basic Computer Literacy Certificate from any recognized centre established under the National Institute of Electronics and Information Technology (NIELIT) [erstwhile DOEACC Society];

(iii)     Haryana State Certificate in Information Technology [HS-CIT] from the Authorised Learning Centres (ALCs) of the HKCL;

(iv)    Candidates/employees who have already passed the SETC and the same is valid at the time of joining the service. The State Eligibility Test in Computer Appreciation and Applications (SETC) passed by any candidate earlier shall be considered valid for a period of five years from the date of issue of such certificate by HARTRON or any other agency authorized by the Government; and

(v)      Physically disabled candidates i.e. amputation of hand and (Left Right) Amputation of Nerve upper Limbs, Paralysis of Radial (Radial Nerve Palsy) of either upper limb. Declination degenerative disorder effecting the nervous system which may cause paralysis and atrophy of the hand and its muscles and visually handicapped.

(vi)    However, these employees, with the exception of those mentioned under sub-para (v) above, shall be required to clear the 'typing test' being part of the State Eligibility Test in Computer Appreciation and Applications (SETC).

Rule 11. Probation.-

(1)     Persons appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct recruitment and one year, if appointed otherwise:

Provided that-

(a)      any period, after such appointment, spent on deputation on corresponding or a higher post shall count towards the period of probation;

(b)      any period of work in equivalent or higher rank, prior to appointment to any post in the Service may, in the case of an appointment by transfer, at the discretion of the appointing authority, be allowed to count towards the period of probation, fixed under this rule; and

(c)      any period of officiating appointment shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a regular vacancy.

(2)     If, in the opinion of the appointing authority, the work or conduct of a person at any time during the period of probation is not satisfactory, it may,-

(a)      if such person is appointed by direct recruitment, dispense with his services; and

(b)      if such person is appointed otherwise than by direct recruitment,-

(i)       revert him to his former post ;or

(ii)      deal with him in such other manner as the terms and conditions of his previous appointment permit.

(3)     On the completion of the period of probation of a person, the appointing authority may-

(a)      if his work or conduct has, in its opinion, been satisfactory, confirm such person from the date of his appointment against the vacancy;

(b)      if his work or conduct has in its opinion, been not satisfactory;-

(i)       dispense with his Service, if appointed by direct recruitment, and if appointed otherwise, revert him to his former post or deal with him in such other manner, as the terms and conditions of previous appointment permit; or

(ii)      extend his period of probation and thereafter pass such order, as it could have passed on the expiry of the first period of probation:

Provided that the total period of probation, including extension, if any, shall not exceed three years.

Rule 12. Seniority.-

Seniority, inter-se, of the members of the Service shall be determined by the length of continuous service on any post in the Service:

Provided that where there are different cadres in the Service, the seniority shall be determined separately for each cadre:

Provided further that in the case of members appointed by direct recruitment, the order of merit determined by the Commission or any other recruiting authority, as the case may be, shall not be disturbed in fixing the seniority:

Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:-

(a)      a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer;

(b)      a member appointed by promotion shall be senior to a member appointed by transfer;

(c)      in the case of members appointed by promotion or by transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and

(d)      in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn are also the same, then by the length of their service in the appointments, and if the length of such service is also the same, the older member shall be senior to the younger member.

Rule 13. Liability to serve.-

(1)     A member of Service may, in public interest, be transferred by the appointing authority or Head of Department, whichever is higher, on deputation to any Organization/Department under the control of Haryana Government including Chandigarh Administration and Bhakra Beas Management Board:

Provided that no Government employee shall be transferred on deputation during the period of probation and one year before his retirement on superannuation.

(2)     No Government employee shall be transferred on deputation against his will in any Organization/Department under the control of Government of India or any other State Government.

(3)     Transfer of a Government employee under sub rule (1) or (2) above shall be sanctioned by the competent authority subject to the conditions laid down in the Haryana Civil Services (General) Rules, 2016 and any restrictions which it may deem fit to impose by general or special orders.

Note 1.? No Government employee shall be transferred on deputation unless the borrowing employer undertakes to afford him the privileges not inferior to those which he would have enjoyed, had he remained in the service of the Government of Haryana.

Note 2.? The lien of temporary or permanent Government employee in his parent Department shall remain intact had he not been transferred on deputation.

Note 3.? A Government employee transferred to Chandigarh Administration, Bhakra Beas Management Board or any other Department of Haryana Government shall be on deputation however, he shall not be entitled to any deputation allowance and there shall be no liability on the borrowing Department for payment of leave salary and pension contribution, except matching contribution under Defined Contributory Pension Scheme, for the period of deputation.

Rule 14. Pay, leave, pension and other matters.-

(1)     In respect of pay, leave, pension and all other matters, not expressly provided for in these rules, the member of the Service shall be governed by the Haryana Civil Services (General) Rules, 2016, the Haryana Civil Services (Pay) Rules, 2016, the Haryana Civil Services (Travelling Allowance) Rules, 2016, the Haryana Civil Services (Allowances) Rules, 2016, the Haryana Civil Services (Leave) Rules, 2016, the Haryana Civil Services (General Provident Fund) Rules, 2016, the Haryana Civil Services (Pension) Rules, 2016, the Haryana Civil Services (Government Employee Conduct) Rules, 2016, the Haryana Civil Services (Punishment and appeal) Rules, 2016 and by such rules and regulations, as may have been, or may hereafter be adopted or made by the competent authority under the Constitution of India or under any law for the time being in force made by the State Legislature:

Provided that the Haryana Civil Services (Pension) Rules, 2016 shall not be applicable to those members of service who are appointed on or after the 1st January, 2006 (except death-cum-retirement gratuity and leave encashment).

(2)     A Government employee who retires from Service or post shall be eligible to add to his Service qualifying for superannuation pension (but not for any other class of pension).-

(i)       the actual period not exceeding one-fourth of the length of his Service; or

(ii)      the actual period by which his age at the time of recruitment exceeds twenty-five years; or

(iii)     a period of five years, whichever is less, if the Service or post to which the Government employee is appointed is one-

(a)      for which post-graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential; and

(b)      to which candidates of more than twenty-five years of age are normally recruited: Provided that this concession shall be admissible to a Government employee-

(i)       appointed by direct recruitment and not by promotion;

(ii)      who has actual qualifying service of ten years or more at the time of superannuation retirement:

Provided that the provision of above said sub-rule (2) shall not be applicable to those member of Service who are appointed on or after the 1st January, 2006.

(3)     The concession referred to sub-rule (2) shall also be admissible on subsequent appointment from any other post to such a post in the same or any other department:

Provided that the Government employee shall be entitled either to count his past qualifying service for superannuation pension or to get concession under sub-rule (2). He shall exercise an option to this effect within one year from the date of joining. The option once exercised shall be final.

Rule 15. Discipline, penalties and appeals.-

(1)     In the matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Haryana Civil Services (Punishment and Appeal) Rules, 2016, as amended from time to time:

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall, subject to the provisions of any law or rules made under article 309 of the Constitution of India, be such as are specified in Appendix C to these rules.

(2)     The authority competent to pass an order under clause (c) or clause (d) of rule 9 of the Haryana Civil Services (Punishment and Appeals) Rules, 2016 and the appellate authority shall be as specified in Appendix D to these rules.

Rule 16. Vaccination.-

Every member of the Service shall get himself vaccinated or revaccinated as and when the Government so directs by a special or general order.

Rule 17. Oath of allegiance.-

Every member of the Service unless he has already done so, shall be required to take the oath of allegiance of India and to the Constitution of India as established by law.

Rule 18. Reservations.-

Nothing contained in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-servicemen, physically handicapped persons or any other class or category of persons in accordance with the orders issued by the State Government in this regard, from time to time.

Rule 19. Special provisions.-

Notwithstanding anything contained in these rules, the appointing authority may impose special terms and conditions in the order of appointment, if it is deemed expedient to do so.

Rule 20. Power of relaxation.-

Where the Government is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

Rule 21. Repeal and savings.-

The Haryana Transport Department (Group C) Transport Commissioner's Office Service Rules, 1998, as so far applicable to the posts governed by these rules are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

APPENDIX A

(see rule 3)

Note: 1. As the posts of Assistant Secretary and the Accountant are of diminishing cadre so these posts will get deleted with the retirement or promotion of the incumbent employee, or vacancy caused otherwise.

2. Assistant shall be designated as Transport Inspector while posted in field offices.

3. Clerk shall be designated as Transport Sub Inspector while posted in field offices.

4. The posts of Section Officer, Head Constable and Constable shall be governed by their respective service rules of parent department as applicable to them.

APPENDIX B

(see rule 7)

APPENDIX C

[see rule 15 (1)]

APPENDIX D

[see rule 15(2)]