Act & Rule - I

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no. 5182/II-3--19-3(2)-80, dated July 8,1982 :

GOVERNMENT OF UTTAR PRADESH

APPOINTMENT SECTION-III

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NOTIFICATION

MISCELLANEOUS

No. 5182/II-3--19-3(2)-80

Dated Lucknow, July 8, 1982

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In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in suppression of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Civil Service (Executive Branch).

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THE UTTAR PRADESH CIVIL SERVICE (EXECUTIVE BRANCH) RULES, 1982

PART 1--General

Short title and commencement

1. (1) These rules may be called the Uttar Pradesh Civil Service (Executive Branch) Rules, 1982.

 

(2) They shall come into force at once.

 

States of the service

2. The Uttar Pradesh Civil Service (Executive Branch) is a State Service comprising group 'A' and 'B' posts.

 

Definitions

3. In these rules unless the context otherwise requires--

a) "Appointment authority" means the Governor;

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 Public Service Commission;

d) "Constitution" means the Constitution of India;

e) "Government" means the State Government of Uttar Pradesh;

f) "Governor" means the Governor of Uttar Pradesh;

g) "Member of the service" means a person substantively appointed under the provisions of 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;

h) "Service" means the Uttar Pradesh Civil Service (Executive Branch);

i) "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 accordance with the procedure prescribed for the time being by executive instruction issued by the Government;

j) "year of recruitment" means the period of twelve months commencing from the first day of July of a calendar year.

 

 

PART II--Cadre

Cadre of Service

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

 

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

 

Provided that the Governor may:

(i) leave unfilled or hold in abeyance, any vacant post without thereby entitling any person to compensation;

(ii) create such additional permanent or temporary posts as he may consider proper.

 

 

PART III--Recruitment

Source of recruitment

5. (1) Subject to the provisions of sub-rules (2) and (3), recruitment to the ordinary grade in the service shall be made--

 

(i) by direct recruitment on the result of a competitive examination conducted by the Commission;

(ii) by promotion from amongst permanent Tahsildars;

Provided that the Governor may, in an emergency, sanction the appointment, in temporary vacancies of Naib-Tahsildars, who have been approved for permanent or temporary vacancies in the Tahsildars' Service and have served as Tahsildar, or in a post which in the opinion of the Governor, is equivalent to or higher than that of Tahsildar, for not less than two years:

Provided further that the Naib-Tahsildars approved for temporary vacancies in the Tahsildars Service will be appointed to the Service only after Naib-Tahsildars approved for permanent vacancies in Tahsildars Service have either been appointed against the aforesaid temporary vacancies in the Service or have, for reasons to be recorded in writing, been found to be unsuitable for such appointment:

Provided also that the recruitment shall be so arranged that as far as may be 33-1/3 per cent posts in the cadre are held by the promotees and the rest by direct recruits.

 

(2) The Governor may, in exceptional circumstances and in consultation with the Commission, make appointments to the Service, to the extent of not more than 30 per cent of the vacancies in any one year to be filled by promotion from amongst officers other than Tahsildars who:

a) have held a responsible post or posts of suitable status under the State Government for a period of not less than five years in a permanent or temporary capacity;

b) have discharged their duties with outstanding merit and unquestionable integrity; and

c) are educationally qualified under rule 8.

Such officers when appointed shall be treated for purposes of these rules as officers appointed by promotion under clause (ii) of sub-rules (1) of this rule.

 

(3) The Governor may, in exceptional circumstances and consultation with the Commission, make special or emergency recruitment to the Service on the result of a special examination conducted by the Commission. The academic qualifications and age for recruitment as also the syllabus for such examination shall be such as may be decided by the Governor in consultation with the Commission. The candidates appointed on the basis of such examination shall be treated for purpose of these rules as appointed by direct recruitment under clause (i) of sub-rule (1) of this rule.

 

Reservation

6. Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.

 

 

PART IV--Qualifications

 

Nationality

7. 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 Tanganyika 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 he 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.

 

Note-- A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

 

Academic qualifications.

8. A candidate for direct recruitment must hold at least a Bachelor's degree of a university established by law in India or of any other university recognised for this purpose by the Governor.

 

 

Preferential qualifications.

9. 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.

 

Age.

10. A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 28 years on the first day of January following the years in which the examination is held :

 

Provided that the upper age limit in the case of candidate belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may, from time to time, be notified by the State Government shall be greater by such number of years may be specified :

Provided further that if a candidate would have been entitled in respect of his age to appear at the examination in any year in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination.

 

Character.

11. 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 Government service. The appointing authority shall satisfy itself on this point.

 

Note--persons dismissed by the Union Government or a State Government or by a Local Authority or by a Corporation or Body, owned or Controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

 

 

Marital Status

12. A male candidate who has more than one wives 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 Governor may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.

 

 

Physical fitness

13. 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 he shall be required to pass an examination by a Medical Board :

 

Provided that the examination by a Medical Board shall not be necessary in case of a candidate recruited by promotion.

 

 

 

PART V--Procedure for Recruitment

 

Determination of vacancies.

14. The appointing, authority shall determine and intimate to the Commission the number of vacancies to be filled during the course of a recruitment year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under rule 6.

 

Procedure for direct recruitment.

15. (1) Application for permission to appear in the competitive examination shall be called by the Commission in the prescribed form.

 

 

 

(2) No candidate shall be admitted to the examination unless he holds a certificate of admission, issued by the Commission.

 

 

 

(3) After the results of the written examination have been received and tabulated the Commission shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and others under rule 6, summon for interview such number of candidates as, on the result of the written examination, have come up to the standard fixed by the Commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination.

(4) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtain by each candidate at the written examination and  interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates as they obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in list . the commission shall forward the list to the appointing authority. The number of names in the list shall be equal to the number of vacancies but if for any reason some persons on the list are not appointed, the appointing authority may, within one year from the date of receiving such list, require the Commission for a supplementary list sufficient to fill in the remaining vacancies.

 

Note--The syllabus and the rule relating to the competitive examination will be prescribed from time to time by the Commission with the approval of the Governor.

 

 

Recruitment by Promotion.

16. Recruitment by promotion to the ordinary grade shall be made on the basis of merit in accordance with the Uttar Pradesh Promotion by Selection in consultation with Public Service Commission (Procedure) Rules, 1970, as amended from time to time.

 

 

Senior Scale

17. Selection to the senior scale shall be made on the recommendation of a Selection Committee, on the basis of seniority subject to rejection of the unfit, from amongst such officers as have put in at least 6 years service on the date of the selection. The Selection Committee shall be constituted by--

 

(1) the Chief Secretary to Government ....... Chairman.

(2) the Senior Member, Board of Revenue, Uttar Pradesh ....... Member.

(3) the Secretary to Government, Personnel Department ....... Member.

(4) the Secretary to Government, Appointment Department ....... Member.

 

Provided that the Government may, in special circumstances, relax the limit of Service fixed for promotion to the Senior Scale :

Provided further, that officers, recruited against the quota reserved for ex-army officers who become due for promotion to the Senior Scale on the basis of their year of allocation, will be eligible for promotion to the Senior Scale only after they have put in at least three years actual service in the ordinary scale.

 

Special Grade

18. Selection to the Special Grade shall be made on the recommendation of a Selection Committee on the basis of merit from amongst such officers as have either been confirmed or are officiating in the Senior Scale of the Service and have put in at least 16 years service on the date of selection. The Selection Committee shall be constituted by--

 

(1) the Chief Secretary to Government ....... Chairman.

(2) the Senior Member, Board of Revenue, Uttar Pradesh ....... Member.

(3) the Secretary to Government, Personnel Department ....... Member.

(4) the Secretary to Government, Appointment Department ....... Member.

 

Provided that the Government may, in special circumstances, relax the limit of Service fixed for promotion to the Special Grade :

 

Provided further, that officers, recruited against the quota reserved for ex-army officers who become due for promotion to the Special Grade on the basis of their year of allocation, will be eligible for promotion to the Special Grade only after they have put in at least three years actual service in the Senior scale.

 

Combined Select List

19. 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 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.

 

Illustrations-- (i) Suppose in a particular year, there are 9 vacancies. In such a case, 6 vacancies will go to the direct recruits (D) and 3 vacancies to promotes (P). After the selections are made the combined select list shall be prepare in the following cyclic order :--

1. P

2. D

3. D

4. P

5. D

6. D

7. P

8. D

9. D

 

(ii) If, in the above case, instead of recruitment, in any year (X), being in accordance with the prescribed quota, 4 persons are recruited by promotion and 5 directly and the deficiency in the quota of direct recruits is made good in the next year (Y) by recruiting 7 direct recruits and 2 promotes out of 9 vacancies, the combined select list in (X) and (Y) years shall be prepared in the following cyclic order :-

 

(X) year                                  (Y) year

1.     P                                  1.   D      Unfilled vacancy of 'X' year.

2.     D                                   2.   P      Excess of 'X' year.

3.     D                                   3.   D

4.      P                                   4.    D

5.      D                                   5.     P

6.      D                                   6.    D

7.      D                                    7.     D

8.     D                                      8.     P

9.    ..                                         9.    D

10.  ..                                         10.   D

 

 

PART VI--Appointment, Probation, Confirmation and Seniority

 

 

Appointment

20. (1) Subject to the provisions of sub-rule (2), the appointment authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under rules 15,16 or 19 as the case may be.

 

 

(2) If more than one orders of appointment are issued in respect of any 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 cyclic order, referred top in rule 19.

 

 

(3) The appointing authority may make appointments in temporary or officiating capacity also from the lists referred to in sub-rule (1). If no candidate borne on these lists is available, he may make appointments in such vacancy from amongst rules. Such appointment shall not last for a period exceeding one year or beyond the next selection under these rules, whichever be earlier, and the provisions of regulation 5 (a) of the U.P. Public Service Commission (Limitation of Functions) Regulations, 1954 shall apply.

 

Probation

21. (1) A person on appointment to the Service in or against a permanent vacancy shall be placed on probation for a period of two years.

 

 

(2) The appointing authorirty 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 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, he may be reverted to his substantive post, if any and it 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.

 

 

Confirmation

22. A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period at the end of the period of probation or the extended period of probation if:

 

a) he has passed the prescribed departmental examination;

b) he has successfully undergone the prescribed training;

c) his work and conduct are reported to be satisfactory;

d) his integrity is certified;

e) the Governor is satisfied that he is otherwise fit for confirmation.

 

 

Seniority

23. (1) Except as hereinafter provided, the seniority of persons appointed in the service shall be determined from the date of the order of substantive appointment and if two or more persons are appointed together, by the order in which their names are arranged in the appointment order:

 

 

 

Provided that if the appointment order specifies a particular back date with effect from which a person is substantively appointed, that date will be deemed to be the date of order of substantive appointment and, in other cases, it will mean the date of issue of the order:

 

 

 

Provided further that, if more than one orders of appointment are issued in respect of any one selection the seniority shall be as mentioned in the combined order of appointment issued under sub-rule (2) of rule 20.

 

(2) The seniority inter se seniority shall be determined by arranging the names in a cyclic order, in a combined list prepared in accordance with rule 19:--

 

Provided that--

 

(i) Where appointments from any source are made excess of the prescribed quota, the persons appointed excess of quota shall be brought down, for seniority, subsequent year or years in which there are vacancies accordance with the quota.

 

 

 

(ii) Where appointments from any source are fall short of the prescribed quota and appointments against such unfilled vacancies are made in subsequent year or years, the persons so appointed shall not get seniority of any earlier year but shall get the seniority of the year in which their appointments are made, so however, that in the combined list of that year, to be prepared under this rule, their names shall be placed at the top followed by the names, in the cyclic order, of the other appointees.

 

 

 

PART VII-- Pay

Scales of Pay

24. (1) The scales of pay admissible to a persons appointed to a post in the cadre of the Service, whether in a substantive or officiating capacity or on a temporary measure shall be such as may be determined by the Government from time to time.

 

 

(2) The scales of pay shall, until orders varying the same under sub-rule (1) are passed and unless the Government Servant opts for the old scale be as follows:--

 

Ordinary Grade--Rs.850--40--1,050--E. B.--50--1,300-60--1,420--E. B.--60--1,720.

Senior Scale --Rs. 1,250--50--1,300--60--1,660--E. B.--60--1,900--75--2,050.

Special Grade--Rs.1,840--60--1,900--75--2,200--100--2,400.

 

Pay during probation.

25. (1) Notwithstanding nay 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 Part I and second increment after two years service when he has completed the probationary period, passed departmental examination Part II, undergone the prescribed training 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:

 

Provided further that if the first or any subsequent increment is withheld from an officer during the probationary period on account of failure to pass the departmental examination, it shall be allowed to him on passing the examination from the first day of the month following that in which the examination concerned is held and the period during which the increment was withheld shall count for increment in the time scale.

 

 

(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; and will be subject to conditions laid down in sub-rule (1) above.

 

 

(3) The pay during probation of a person already in permanent Government service shall be reguled by the relevant rules, applicable generally to Government Servants serving in connection with the affairs of the State and will be subject to conditions laid down in sub-rule (1) above.

 

 

Criteria for crossing efficiency bars.

26. (1) Where there is a single efficiency bar no person shall be entitled to cross the same unless he has worked diligently and to the best of his ability, his work and conduct are found to be satisfactory; and unless his integrity is certified.

 

 

(2) Where there are two efficiency bars no person, shall be allowed to cross:

 

(i) the first efficiency bar unless his work and conduct are found to be satisfactory and unless his integrity is certified, and

(ii) the second efficiency bar unless he has worked diligently and to the best of his ability, his work and conduct are found to be satisfactory and unless his integrity is certified.

 

 

 

PART VIII-- Other Provisions

 

 

Canvassing

27. No recommendation either written or oral, other than that required under these rules, 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.

 

 

Regulation of other matters.

28. 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.

 

 

Relaxation from the conditions of service.

29. When the Governor 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, he may, notwithstanding anything contained in these 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 he may consider necessary for dealing with the case in a just and equitable manner:

 

Provided that the Commission shall be consulted before the requirements of the rule are dispensed with or relaxed.

 

 

Savings

30. Nothing in these rules shall affect reservations and other candidates belonging to the Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time in this regard.

 

 

 

APPENDIX

 

 

 

[See RULE 4 (2)]

 

 

 

The sanctioned strength of the Service at the commencement of the Rules.

 

1. Special grade .... .... .... 123

2. Senior scale .... .... .... 190

3. Ordinary grade .... .... .... 879

(The ordinary grade includes

Deputation reserve .... 137

Training reserve .... 92

Leave reserve .... 45

                                                                                       Total 1,192

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