UTTAR PRADESH REGULARISATION OF DAILY WAGES APPOINTMENT ON GROUP 'C' POSTS (OUTSIDE THE PURVIEW OF THE UTTAR PRADESH PUBLIC SERVICE COMMISSION) RULES, 1998

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor is pleased to make the following rules:

Rule - 1. Short title and commencement.

(1)     These rules shall be called the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998.

(2)     They shall come into force at once.

Rule - 2. Overriding effect.

These rules shall have effect notwithstanding anything to the contrary contained in any other rules or orders.

Rule - 3. Definitions.

Unless there is anything repugnant in the subject or context:

(i)       'appointing authority' in relation to any post means the authority empowered under the relevant service rules to the elementation to such rules.

(ii)      'Governor' means the Governor of Uttar Pradesh.

Rule - 4. Regularisation of daily wages appointment on Group 'C' Posts.

(1)     Any person who

(i)       was directly appointed on daily wage basis on Group 'C' posts in the Government service before June 29, 1991 and is continuing in service as such on the date of commencement of these rules; and

(ii)      possessed requisite qualifications prescribed for regular appointment for that post at the time of such appointment under the relevant service rules on daily wages basis, shall be considered for regular appointment on group 'C' post in permanent or temporary vacancy as may be available on the date of commencement of these rules, on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders.

(2)     In making regular appointments under these rules, reservations for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and other categories, shall be made in accordance with the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 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 orders of the Government in force at the time of regularisation under these rules.

(3)     For the purpose of sub-rule (1) the appointing authority shall constitute a Selection Committee in accordance with the relevant provisions of Service Rules.

(4)     The appointing authority shall, having regard to the provisions of sub-rule (1), prepare an eligibility list of the candidates, arranged in order of seniority as determined from the date of order of appointment and, if two or more persons are appointed together, from the order in which their names are arranged in the said appointment order. The list shall be placed before the selection committee along with their character rolls and such other records, pertaining to them, as may be considered necessary to assess their suitability.

(5)     The Selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub-rule (4) and if it considers necessary, it shall interview the candidates also to assess their suitability.

(6)     The Selection Committee shall prepare a list of selected candidates arranging their names in order of seniority and forward the same to the appointing authority.

Rule - 5. Appointments.

The appointing authority shall, subject to the provisions of sub-rule (2) of Rule 4, make appointments from the list prepared under sub-rule (6) of the said rule in the order in which their names stand in the list.

Rule - 6. Appointments be deemed to be under the relevant service rules etc.

Appointments made under these rules shall be deemed to be appointments under the relevant Service Rules or orders, if any.

Rule - 7. Seniority.

(1)     A person appointed under these rules shall be entitled to seniority only from the date of order of appointment after selection in accordance with these rules and shall, in all cases, be placed below the persons appointed in accordance with the relevant service rules, or as the case may be, the regular prescribed procedure, prior to the appointment of such person under these rules.

(2)     If two or more persons are appointed together their seniority inter se shall be determined in the order mentioned in the order of appointment.

Rule - 8. Termination of services.

The service of a person, appointed on daily wage basis who is not found suitable, after consideration under these rules, shall be terminated forthwith and, on such termination he shall be entitled to receive one month's pay.