UTTAR PRADESH ADVOCATE GENERAL AND LAW OFFICERS ESTABLISHMENT SERVICE RULES, 2009
PREAMBLE

In exercise of the powers conferred by the proviso of Article 309 of the Constitution and in supersession of all existing rules and order on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of service of persons appointed to the various posts in Advocate General and Law Officers Establishment.

Part I GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Advocate General and Law Officers Establishment Service Rules, 2009.

(2)     They shall come into force at once.

Rule - 2. Status of the service.

The Establishment comprises Group 'A', Group 'B', Group 'C' and Group 'D' posts.

Rule - 3. Definitions.

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

(a)      "Act" means the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;

(b)      "appointing authority" in respect of a post means the authority as specified against each post in the Appendix;

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

(d)      "Constitution" means the Constitution of India;

(e)      "Establishment" means the establishment in the office of the Advocate General of Uttar Pradesh, Government Advocate in the High Court or the Government Advocate in the Lucknow Bench of the High Court, as the case may be;

(f)       "Government" means Government of Uttar Pradesh;

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

(h)     "High Court" means the High Court of Judicature at Allahabad;

(i)       "member of the service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the establishment service;

(j)       "Service" means the Uttar Pradesh Advocate General and Law Officers Establishment Service;

(k)      "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 rules and, if there were no rules, in accordance, with the procedure prescribed for the time being by executive instructions issued by the Government;

(l)       "year of recruitment" means a period of twelve months commencing on the first day of July of a calendar year.

Part II CADRE

Rule - 4. Cadre of service.

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

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

Provided that

(i)       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.

Part III RECRUITMENT

Rule - 5. Source of recruitment.

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

Rule - 6. Reservation.

Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the Act, and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, as amended from time to time, and the orders of the Government in force at the time of the recruitment.

Part IV QUALIFICATIONS

Rule - 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 1st January, 1962 with the intention of permanently settling in India, or

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganayika 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.

Rule - 8. Academic Qualification.

A candidate for requirement to the various posts in the service must possess the following qualifications:

Rule - 9. Preferential Qualification.

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.

Rule - 10. Age.

A candidate for direct recruitment must have attained the minimum age and must not, have attained the age of more than the maximum age specified against the post in the table given below on the first day of July of the calendar year in which vacancies 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 greater by such number of years as may be specified.

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

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

Rule - 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 shall be required 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 recruited by promotion.

Part V PROCEDURE FOR RECRUITMENT

Rule - 14. Determination of vacancies.

The appointing authority shall determine the number of vacancies to be filled during the course of the year of recruitment as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6. The vacancies to be filled by direct recruitment shall be notified in the following manner:

(i)       by issuing advertisement in daily newspaper having wide circulation;

(ii)      by pasting the notice on the notice board of the office or by advertising through Radio/Television and other employment newspapers; and

(iii)     by notifying vacancies to the Employment Exchange.

Rule - 15. Procedure for direct recruitment for the posts of Routine Grade Clerk, Sahayak Samiksha Adhikari/Sahayak Samiksha Adhikari (Record), Stenographer, Cataloguer, Routine Grade Clerk (Accounts), Computer Operator Grade 'A' and Assistant Computer Operator.

Direct recruitment to the posts of Routine Grade Clerk, Sahayak Samiksha Adhikari/Sahayak Samiksha Adhikari (Record), Stenographer, Cataloguer, Routine Grade Clerk (Accounts), Computer Operator Grade 'A' and Assistant Computer Operator in the service shall be made in accordance with the provisions of the Uttar Pradesh Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2002, as amended from time to time.

Rule - 16. Procedure for direct recruitment for the posts of Peon (Anusewak), Chowkidar, Bundle Lifter, Farrash, Sweeper, Mali, Electrician and Photostat Operator.

Direct recruitment to the posts of Peon (Anusewak), Chowkidar, Bundle Lifter, Farrash, Sweeper, Mali, Electrician and Photostat Operator in the service shall be made in accordance with the provisions of the Group 'D' Employees Services Rules, 1985, as amended from time to time.

Rule - 17. Procedure for recruitment by promotion to the posts other than the posts of Routine Grade Clerk, Zamadar and Daftari.

(1)     Recruitment by promotion shall be made on the basis of the criterion laid down in the Uttar Pradesh Government Servants Criterion for Recruitment by Promotion Rules, 1994, as amended from time to time, through the Selection Committee constituted in accordance with the provisions of the Uttar Pradesh Constitution of Department Promotion Committee for Posts Outside the Purview of the Service Commission Rules, 1992, as amended from time to time.

(2)     The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (On Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, as amended from time to time, 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 :

Provided that where there are two or more feeding cadres :

(a)      bearing different pay scales the candidates belonging to the cadre bearing higher pay scale shall be placed higher in the eligibility list.

(b)      bearing same pay scale the names of the candidates shall be arranged in the eligibility list in order of their date of substantive appointment in their respective cadres. But if the dates of substantive appointment of two or more candidates is the same, then in such situation the candidate who is older in age shall be placed higher in the eligibility list.

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

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

Rule - 18. Procedure for recruitment by promotion to the post of Junior Grade Clerk.

Recruitment by promotion to the post of Routine Grade Clerk shall be made in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001, as amended from time to time.

Rule - 19. Procedure for recruitment by promotion to the post of Zamadar and Daftari.

(1)     Recruitment by promotion to the posts of Zamadar and Daftari in the service shall be made on the basis of seniority subject to the rejection of unfit through a Selection Committee to be constituted by the appointing authority.

(2)     The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (On Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, as amended from time to time, 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:

Provided that where there are two or more feeding cadres:

(a)      bearing different pay scales the candidates belonging to the cadre bearing higher pay scale shall be placed higher in the eligibility list.

(b)      bearing same pay scale the name of the candidates shall be arranged in the eligibility list in order of their date of substantive appointment in their respective cadres. But if the date of substantive appointment of two or more candidates is the same, then in such situation the candidate who is older in age shall be placed higher in the eligibility list.

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

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

Rule - 20. Combined select 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 the candidates from the relevant lists, in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.

Part VI APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule - 21. Appointment.

(1)     Subject to the provisions of sub-rule (2), the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the list prepared under Rules 15, 16, 17, 18, 19 or 20, 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 appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 20.

(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 it 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 Rule 20.

Rule - 22. Probation.

(1)     A person on substantive appointment to a post in the service 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 circumstance beyond two years.

(3)     If is 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 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-rule (3) shall not be entitled to any compensation.

(5)     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.

Rule - 23. Confirmation.

(1)     Subject to the provisions of sub-rule (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 appointing authority is satisfied that he is otherwise 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-rule (3) of Rule 5 of those rules declaring that the person concerned has successfully completed the probation, shall be deemed to be the order of confirmation.

Rule - 24. Seniority.

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

Part VII PAY ETC.

Rule - 25. Scales of Pay.

(1)     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.

(2)     The scales of pay at the time of commencement of these rules are given in the Appendix:

Provided that the incumbents of the post of Private Secretary who are getting the pay scale as sanctioned to them vied different Government orders and in compliance to the orders passed by Hon'ble Courts before the commencement of these rules shall continue to get that scale of pay.

Rule - 26. 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 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 a person who was already holding a post under the Government, shall be regulated by the relevant fundamental rules :

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.

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

Part VIII OTHER PROVISIONS

Rule - 27. Canvassing.

No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be 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.

Rule - 28. Regulations of other matters.

In regard to the matters not specifically covered by these rules or 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 - 29. Relaxation from 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 or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

Rule - 30. Savings.

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

 

APPENDIX

[See Rules 3(b), 4(2) and 25(2)]