UTTAR PRADESH RECRUITMENT OF DEPENDANTS OF GOVERNMENT SERVANTS
DYING IN HARNESS RULES, 1974
UTTAR PRADESH
RECRUITMENT OF DEPENDANTS OF GOVERNMENT SERVANTS DYING IN HARNESS
RULES, 1974[1]
PREAMBLE
In exercise of the powers conferred by the proviso to Article 309 of
the Constitution of India and all other powers enabling him in this behalf, the
Governor of Uttar Pradesh is pleased to make the following special rules
regulating the recruitment of the dependants of Government servants dying in
harness :
Rule
- 1. Short title and
commencement.
(1)
These rules may be called the
Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness
Rules, 1974.
(2)
They shall be deemed to have come
into force with effect from December 21, 1973.
Rule
- 2. Definitions.
In these rules,
unless the context otherwise requires,-
(a)
"Government servant"
means a Government servant employed in connection with the affairs of Uttar
Pradesh who-
(i) was permanent in such employment; or
(ii) though temporary had been regularly appointed in such employment;
or
(iii) though not regularly appointed, had put in three years' continuous
service in regular vacancy in such employment.
Explanation."Regularly
appointed" means appointed in accordance with the procedure laid down for
recruitment to the post or service, as the case may be ;
(b)
"deceased Government
servant" means a Government servant who dies while in service;
(c)
"family" shall include
the following relations of the deceased Government servant:
(i) Wife or husband;
(ii) Sons;
(iii) Unmarried and widowed daughters;
(d)
"Head of Office" means
Head of Office in which the deceased Government servant was serving prior to
his death.
Rule
- 3. Application of the rules.
These rules
shall apply to recruitment of dependants of the deceased Government servants to
public services and posts in connection with the affairs of State of Uttar
Pradesh, except services and posts which are within the purview of the Uttar
Pradesh Public Service Commission.
Rule
- 4. Overriding effect of these
rules.
These rules and
any orders issued thereunder shall have effect notwithstanding anything to the
contrary contained in any rules, regulations or orders in force at the
commencement of these rules.
Rule - [2][ 5. Recruitment of a member of the family of the deceased.
(1)
In case a Government servant dies
in harness after the commencement of these rules and the spouse of the deceased
Government servant is not already employed under the Central Government or a
State Government or a Corporation owned or controlled by the Central Government
or a State Government, one member of his family who is not already employed
under the Central Government or a State Government or a Corporation owned or
controlled by the Central Government or a State Government shall, on making an
application for the purposes, be given a suitable employment in Government
service on a post except the post which is within the purview of the Uttar
Pradesh Public Service Commission, in relaxation of the normal recruitment
rules, if such person
(i)
fulfils the educational
qualifications prescribed for the post,
(ii)
is otherwise qualified for
Government service, and
(iii)
makes the application for
employment within five years from the date of the death of the Government
servant:
Provided that
where the State Government is satisfied that the time-limit fixed for making
the application for employment causes undue hardship in any particular case, it
may dispense with or relax the requirement as it may consider necessary for
dealing with the case in a just and equitable manner.
(2)
As far as possible, such an
employment should be given in the same department in which the deceased
Government servant was employed prior to his death.]
Rule - [3][ 5A. Recruitment of member of the family of Police/P.A.C. Personnel
who dies in May, 1973.
Notwithstanding
anything contained to the contrary contained in Rule 5 or in any other rule,
the provisions of these rules shall apply in the case of members of the family
of twenty-two police or per Provincial Armed Constabulary personnel who died as
a result of disturbances in May, 1973, as they apply in the case of a
Government servant during dying in harness after the commencement of these
rules].
Rule
- 6. Contents of application for
employment.
An application
for appointment under these rules shall be addressed to the appointing
authority in respect of the post for which appointment is sought but it shall
be sent to the Head of Office where the deceased Government servant was serving
prior to his death. The application shall, inter alia, contain the following
informations :
(a)
the date of the death of the
deceased Government servant; the department in which he was working and the
post which he was holding prior to his death;
(b)
names, age and other details
pertaining to all the members of the family of the deceased, particularly about
their marriage, employment and income;
(c)
details of the financial
condition of the family; and
(d)
the educational and other
qualifications, if any, of the applicant.
Rule
- 7. Procedure when more than
one member of the family seeks employment.
If more than one
member of the family of the deceased Government servant seeks employment under
these rules, the Head of Office shall decide about the suitability of the person
for giving employment. The decision will be taken keeping in view also the
overall interest of the welfare of the entire family, particularly the widow
and the minor members thereof.
Rule
- 8. Relaxation from age and
other requirements.
(1)
The candidate seeking appointment
under these rules must not be less than 18 years at the time of appointment.
(2)
The procedural requirements for
selection, such as written test or interview by a selection committee or any
other authority, shall be dispensed with, but it shall be open to the
appointing authority to interview the candidate in order to satisfy itself that
the candidate will be able to maintain the minimum standards of work and
efficiency expected on the post.
(3)
An appointment under these rules
shall be made against an existing vacancy only.
Rule
- 9. Satisfaction of appointing
authority as regards general qualifications.
Before a
candidate is appointed the appointing authority shall satisfy itself that
(a)
the character of the candidate is
such as to render him suitable in all respects for employment in Government
service;
(b)
he is in good mental and bodily
health and free from any physical defect likely to interfere with the efficient
performance of his duties, for which the candidates shall be required to appear
before the appropriate medical authority and to produce a certificate of
fitness in accordance with the rules applicable to the case; and
(c)
in the case of a male candidate,
he has not more than one wife living and in the case of a female candidate, she
has not married a person already having a wife living.
Rule
- 10. Power to remove
difficulties.
The State
Government may, for the purpose of removing any difficulty (of the existence of
which it shall be the sole judge) in the implementation of any provision of
these rules, make any general or special order as it may consider necessary or
expedient in the interest of fair dealing or in the public interest.
[1] Vide Notification No. 6/XII-1973--Niyukti-4 Anubhag, dated
7th October, 1974.
[2] Substituted by Notification No. 6/XII-73-Ka-2-99, dated
20th January, 1999, published in the U.P. Gazette, (Extra.), Part 4, Section
(Ka), dated 20th January, 1999.
[3]
Inserted by Notification No. 4-7-1979--Personnel-2,
dated 20-2-1981, published in U. P. Gazette, (Extra)-Ka, dated 27-2-1982.