UTTAR PRADESH EMPLOYEES STATE INSURANCE
(PHARMACIST) SERVICE RULES, 1993[1] PART I
GENERAL (1)
These rules may be called the Uttar Pradesh Employees State
Insurance (Pharmacist) Service Rules, 1993. (2)
They shall come into force at once. The Uttar Pradesh Employees State
Insurance (Pharmacist) Service is a service comprising Group C posts In these rules, unless there is
anything repugnant in the subject or context,- (a)
'appointing authority' means the Director ; (b)
'citizen of India' means a person who is or is deemed to be a
citizen of India under Part II of the Constitution ; (c)
'Commission' means the Uttar Pradesh Subordinate Services
Selection Commission ; (d)
'Constitution' means the Constitution of India ; (e)
'Director' means the Director, Employees State Insurance Scheme,
Uttar Pradesh ; (f)
'Government' means the State Government of Uttar Pradesh ; (g)
'Governor' means the Governor of Uttar Pradesh ; (h)
'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 Service ; (i)
'Service' means the Uttar Pradesh employees State Insurance
(Pharmacist) Service ; (j)
'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 are no rules ; in recordance with the
procedure prescribed for the time being by executive instructions issued by the
Government ; (k)
'year of recruitment' means a period of twelve months commencing
from the first day of July of the calendar year PART II
CADRE OF SERVICE (1)
The strength of the Service shall be such as may be determined by
the Government from time to time. (2)
The strength of the Service shall, until orders varying the same
are passed under sub-rule (1), be as given in the Appendix to these rules : Provided that- (1)
the appointing authority may leave unfilled or the Governor may
hold in abeyance any vacant post, without thereby entitling any person to
compensation ; or (2)
the Governor may create such additional permanent or temporary
post as he may consider proper PART III
RECRUITMENT Recruitment to various posts in
the Service shall be made by direct recruitment. Reservation for the candidates
belonging to the Scheduled Castes, Scheduled Tribes and other categories shall
be in accordance with the orders of the Government in force at the time of
recruitment. PART IV
QUALIFICATIONS A candidate for 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,
1962with 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 Tanganyka and Zanzibar) with the intention of
permanently settling in India : Provided that a candidate
belonging to category (b) or (c) above must be a person in whose favour a
certificate of eligibility has been issued by the State Government : Provided further that a candidate
belonging to category (b) will also be required to obtain a certificate of
eligibility granted by the Deputy Inspector General of Police, Intelligence
Branch, Uttar Pradesh : Provided also that if a candidate
belongs to category (c) above, no certificate of eligibility will be issued for
a period of more that one year and the retention of such a candidate in service
being the period of one year shall be subject to his acquiring Indian
citizenship. A candidate for recruitment to a
post in the service must hold a Diploma in pharmacy from an institution
recognised by Government and must also be registered with the State Pharmacy
Council, Uttar Pradesh. 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 recruitment. A candidate for recruitment must
have attained the age of 18 years and must not have attained the age of more
than 32 years on the first day of July of the calendar year in which vacancies
are advertised by the Commission : Provided that the upper age-limit
in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes
and other categories as may be notified by the Government from time to time
shall be granted by such number of years as may be specified. The character of candidate for
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 it self on this point. A male candidate who has more
than one wife living or a female candidate who has married 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 specia grounds for doing so, exempt any person
from the operation of this rule. No candidate shall be appointed
to a post in the Service unless he be in good metal and bodily health and free
from physical defect likely to interfere with the efficient performance of his
duties. Before a candidate is finally approved for appointment he shall be
required to produce a medical certificate of fitness in accordance with the
rules framed under Fundamental Rules 10, contained in chapter II for the
Financial Hand Book Volume II, Part III. PART V
PROCEDURE FOR RECRUITMENT The appointing authority shall
determine and intimate to the commission 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 the candidates belonging to the Scheduled castes, Scheduled
Tribes and other categories under rule 6. (1)
Application for being considered for selection shall be called by
the commission in the pro forma prescribed in the advertisement issued by the
Commission. (2)
The Commission shall, having regard to the need for securing due
representation of the candidate belonging to the Scheduled Castes, Scheduled
Tribes and other categories under rule 6, summon for interview such number for
candidates, who fulfil the requisite qualifications as they consider proper. (3)
The commission shall prepare list of candidates in order of their
proficiency as disclosed by the marks obtained by each candidate in the
interview. If two or more candidates obtain equal marks, the Commission shall
arrange their names in order of merit on the basis of their general suitability
for the Service. The number of names in the list shall be larger (but not
larger by more than twenty-five percent) than the number of vacancies. The
Commission shall forward the list to the appointing authority. PART VI
APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY (1)
The appointing authority shall make appointment by taking the
names of candidates in the order in which they stand in the list prepared under
rule 15. (2)
If more than one order of appointment are issued in respect of any
one a selection, combined order shall also be issued, mentioning the names of
the persons in order of seniority as determined in the selection. (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 upto which the
extension is granted : Provided that, save in
exceptional circumstances the period of probation shall not be extended beyond
one year and in no circumstances beyond two years. (3)
If it appears to the appointing authority at any time during or at
the end of the period of probation or extended period of probation that a
probationer has not made sufficient use of his opportunities or has otherwise
failed to give satisfaction, his service may be dispensed with. (4)
A probationer whose services dispensed with under sub-rule (3)
shall not be entitled to any compensation. 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 are reported be satisfactory, (b)
his integrity is certified, and (c)
the appointing authority is satisfied that he is otherwise fit for
confirmation. The seniority of persons
substantively appointed 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. (1)
The scales of pay admissible to the person appointed in the
Service shall be such as may be determined by the Government from time to time. (2)
The scales of pay of different grades of Pharmacists at the time
of the commencement of these rules are as follows : (i)
Rs. 1,350-30-1,440-40-1,800-EB-50-2,200. (ii)
Rs. 1,200-30-1,440-EB-30-1,800. (iii)
Rs. 950-20-1,150-EB-25-1,500. Provided that the scale of pay
mentioned in clause (ii) shall be admissible to those pharmacists who "are
registered under sub-section (d) of section 1of the Pharmacist Act, 1948 and
the scale of pay mentioned in clause (iii) shall be admissible to those
Pharmacists who are untrained. (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 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 person already in permanent Government
Service shall be regulated by the relevant rules applicable generally to
Government servants serving in connection with the affairs of the State. No person shall be allowed to
cross the efficiency bar unless his work and conduct are found to be satisfactory
and his integrity is certified. PART VIII
OTHER PROVISIONS No recommendation, 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. 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. Where the State Government is
satisfied that the operation of any rule regulation 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. 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 of person in accordance with the orders of the Government
issued from time to time in this regard : [See
rule 4 (2) ] Name of Post Number of posts Permanent Temporary Total Pharmacist 272 79 351UTTAR PRADESH EMPLOYEES STATE
INSURANCE (PHARMACIST) SERVICE RULES, 1993