Act & Rule - II

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. 5465/II-3 –19-3(2)-80, dated November 19,1991:

 GOVERNMENT OF UTTAR PRADESH
APPOINTMENT DEPARTMENT SECTION-3
MISCELLANEOUS NOTIFICATION

No.  5465/II-3—19-3(2)-80

Dated: Lucknow : November 19, 1991

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Civil Service (Executive Branch) Rules, 1982.

 

THE UTTAR PRADESH CIVIL SERVICE (EXECUTIVE BRANCH) (FOURTH AMENDMENT) RULES, 1991.

 1.           Short title and commencement –

(I) These rules may be called the Uttar Pradesh Civil Service (Executive Branch) (fourth Amendment)

                 Rules, 1991.
           (ii) They shall come into force at once.
 
 2.          Amendment of Rule 10.— In the Uttar Pradesh Civil Service (Executive Branch) Rules, 1982
hereinafter referred to as the said rules for the rule 10, set out in Column 1 below the rules as set out in
Column 2 shall be substituted :

COLUMN 1

Existing Rules

10. Age-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 year in which  the examination is  held:

Provided that the upper age limit  belonging  to the  Scheduled Castes, Scheduled  tribes and such other categories as may  be, from  time  to time notifies by the  State Government,  shall be greater  by such a number of  the rears as 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, shall be deemed to entitled in respect of his age to appear at the next following examination.

COLUMN 2

Rule as hereby substituted

10. Age-A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 32 years on the 1st day of July of the calendar year in which vacancies for direct recruitment or advertise by the Commission:

   Provided that upper age limit in the case of candidate belonging to 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 as 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 is held, he shall be deemed to be entitled in respect of his age to appear at the next following examination.

 3.      Amendment of Rule17. – For Rule 17 of the said rules set out in Column 1 below, the rules as set out in

Column 2 shall be substituted :

 

COLUMN NO.1

Existing Rules

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

(1)     The Chief Secretary of the Chairman Government.

(2)     The Senior Member, Member.

Board of Revenue, Uttar Pradesh or member, Board of Revenue, U.P. nominated by him.

COLUMN NO.2

Rule as hereby substituted

17. Selection Grade. – Selection to the Selection Grade shall be made on the recommendation of the Selection Committee on the basis of seniority, subject to rejection of unfit from amongst such substantively appointed officers of the Ordinary Grade, who have completed 12 years service on the date of selection. The Selection Committee shall  be substituted by:

(i)                 (i) The Chief Secretary of the  Government : Chairman

(ii)The Chairman Board of Revenue, Uttar Pradesh or member of the Board of Revenue, U.P. nominated by him : Member

COLUMN 1

Existing Rules

(3) The Secretary of  Government- Member personnel department.

(4) The Secretary  to Government  - Member Appointment Department

 

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

Provided further that officer recruited against the quota reserved for ex-army officers, who became 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.

 

Rule as hereby substituted

(iii) The Secretary to the - Government in Personnel Department : Member

(iv) The Secretary to the-  Government in Appointment Department : Member

Provided that the Government may in special circumstances relax the limit of service fixed for promotion to the Selection Grade.

 

4.      Amendment of Rule 18.—For 18 of the said rules, set out in Column 1 below, the rule as set out in

         Column 2 shell be Substituted:

COLUMN 1

Existing Rules

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

(i)                  The Chief Secretary of the Chairman Government.

(ii)                The Chairman, Board of  - Member  Revenue, Uttar Pradesh.

(iii)              The Secretary to Government – Member Personnel Department.

(iv)                The Secretary to Government – Member Appointment Department.

(v)                  Secretary to Chief Minster, -- Member Uttar Pradesh.

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

    Provided further that officers recited against the quota reserved for ex-army officers, who have 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.

COLUMN 2

Rule as hereby substituted

18. Special Scale, Higher Scale and Highest Scale—(1) Selection to the Special Scale shall be made on the recommendation of a selection committee on the basis of merit from amongst such substantively appointed officers working of the grade, who have completed sixteen years service of the date of selection. The selection committee shall be constituted by.

(i)                  The Chief Secretary to  the Government : Chairman

(ii)                The Chairman Board of Revenue – or member Board of Revenue, Uttar Pradesh nominated by him : Member

(iii)              The Secretary to The Government –>  Personnel Department : Member

(iv)       The Secretary to The Government  in Appoinment Deptt. :Member

(v)                The Secretary to the Chief  –  Minster, Uttar Pradesh - Member.

Provided that the Government may in special circumstances, relax the limit of service for promotion to the Special Scale:

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

 

(2) Selection to the higher scale shall be made on the recommendation of a selection Committee on the basis of merit from amongst Special Scale, who have completed five years service on the date of Selection. The Selection Committee shall be constituted by --  

(i)                  The Chief Secretary to –  the Government : Chairman

(ii)                The Principal Secretary or     - Secretary to the Chief Minister, as the case may be : Member

(iii)              There officers of the rank of    - Principal Secretary  :Member nominated by at Government.

(iv)                The Secretary to the Government-  in Appointment Department : Member

(3)  A list of senior most eligible officers, three times the number of vacancies, which shall not be less than eight shall be put up before the Selection Committee along with their character roles, and such other record pertaining to them as may be considered proper.

(5) Selection to the highest scale shall be made on the recommendation of a Selection Committee on the basis of priority subject to the rejection of unfit from amongst such subs-stantively appointed officers of the higher scale, who have completed one year service on the date of Selection, the Selection Committee shall be constituted as under Sub-rule (2).

 

 

5.       Amendment of Rule 20. – In the rule 20 of the said rules of sub-rule (3) Shall be omitted.

6.       Amendment of Rule 21. – In the rule 21 of the said rules for sub-rule(1) set out in Column 1 below, the rule as set out in Column 2 shall be substituted :-- 

 

COLUMN 1

Existing Rules

21. Probation.- (1) A person appointed to the service in or against a permanent vacancy shall be place on probation for a period of two years.

 

COLUMN 2

Sub-rule as hereby substituted

21. Probation. – (1) A person substantively appointed to the service shall be placed on probation for a period of two years.

 

 

7. Amendment of Rule 23. – For rule 23 , of  the said rule set out in Column no.1 below, the rule as set out in Column no. 2 shall be substituted: --


 

 

 COLUMN 1

Existing rule

23. Seniority- (1) Except as hereinafter provided the Seniority of persons appointed in the service shall be determined from the date of order persons are appointed together, by the order in which, their names are arranged in the appointment order:

       Provided that notwithstanding anything contained in sub-rule (4) in a case, where the appointment orders specified a particular back date w.e.f. which a person is substantively appointed that date and where a person is promoted and after continuous officiating against a vacancy of promotion quota, his promotion is approved by the commission, the date of such continuous oficiation  shall be deemed to be the date of order of substantive appointment, so however, that such person should not get the benefit of any higher scale of pay until they are appointed by the Government in such higher scale:

     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 combined order of appointment issued under sub-rule (2) of the Rule 20.

     (2) the Seniority inter se of persons appointed directly on the result of any one selection shall be the same as determined by the Commission:

     Provided that a candidate recruited directly may lose his seniority, if be fails to join with out valid reason, when vacancy is offered to him. The decision of the appointing authority to the validity of reason shall be final.

    (3) Where appointments are made both by promotion and direct recruitment, the inter se seniority shall be determined by arranging the name is a cyclic order, in a combined list prepared in accordance with the Rule 19:

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

Where the appointments from any source falls 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 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 there appointees.

COLUMN 2

Rule as hereby substituted

23. Seniority. – The Seniority of persons substantively appointed in the service shall be determined in accordance with the Uttar Pradesh Government Servant Seniority Rules, 1991, as amended form time to time.

 

8.       Omission of Rule 23-A.—Rules 23.A of the said rule shall be omitted.

9.       Amendment of Rule-24.—In rule 24. of the said rules for sub-rule (2) set out in Column no. 1 below the rule as set out in Column 2 shall be substituted :

COLUMN 1

Existing sub-rules

24. Scale of pay. - (2) The scale of pay shall until orders varying the same are passed and unless government servant opts for the old scale be as follows:

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

 

 

 

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

  Senior Scale – Rs. 1,840- 60 – 1,900- 75-- 2,200 - 100-2,400

 

 

COLUMN 2

Sub-rule as hereby substituted

24. Scale of Pay – (2) The scales of pay shall until orders varying the same are passed and unless, government servants opts for the old scale be as follows:

    Ordinary Grade—Rs. 2,200—75 –2,800 – E. B. – 100 –4,0001.

    Time Scale—Rs. 3,000—100 – 3,500 –125 – 4,500 (after completion of five years of regular and satisfactory service in ordinary grade).

   Selection Grade—Rs. 3,700—125—4,700—150 – 5,000.

   Special Scale ญญ– Rs. 4,500 – 150—5,700

   Higher Scale—Rs. 5,100 – 150 – 5,700

   Highest Scale – Rs. 5,900 – 200 – 6,700

 

10. Amendment of Rule 25. – In rule 25 of the said rules for sub-rule 1 set out in Column 1 below, the rule as set out in column 2 shall be substituted.

COLUMN 1

Existing sub-rules

25. Pay during probation—(1) Notwithstanding any provision in the fundamental rule 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 completed the probationary period, passed departmental examination Part II, under gone 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 ion cement, unless the appointing authority directs otherwise:

     Provided further that if the first of 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 he period during which the increment was withheld, shall count for increment in the time scale.

COLUMN 2

Sub-rule as hereby substituted

25. 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 the departmental examination Part I and second increment after two years service, when he has passed departmental examination Part II, under gone the prescribed training and third increment after he has completed three years service and is also confirmed :

     Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not found for increment, unless the appointing authority directs otherwise :

    Provided further that if the first or any subsequent increment is withheld from any 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 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.

 

11. Amendment of Rule 26. – For rule 26 of the said rules set out in Column 1 below the rule as set out in Column 2 shall be substituted.

COLUMN 1

Existing Rules

26. Criteria for crossing efficiency bars.- (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 was 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.

COLUMN 2

Sub-rule as hereby substituted

26. Criteria for crossing the efficiency bar. – (1) No person shall be allowed to cross efficiency bar, unless –

 

(i) he has worked diligently and to the best of his ability ;

(ii) his work and conduct are found to be satisfactory ; and

(iii) his integrity is certified.

 

 

12. Substitution of appendix. --  For the appendix to the said rules set out in Column 1 below the appendix as set out in Column 2 shall be substituted.


 

COLUMN 1

(Existing Appendix)

APPENDIX

[See Rule 4(2)]

   The sanctioned strength of service at the commencement of rules:

1. Special Grade                      123

2. Senior Scale                        190

3. Ordinary Grade                   879

   The ordinary grade includes—

Deputation Reserved               137

Training Reserved                     92

Leave Reserved                         45

                                              _____

Total                                       1,192

                 

 

COLUMN 2

(Appendix as hereby substituted)

APPENDIX

[See Rule 4(2)]

      The sanctioned strength of the service is as follows :

1. Ordinary Grade                          669

2. Time Scale – After 5 years        320

     regular and satisfactory service

3. Selection Grade—Twenty per     80

    cent of old Senior Scale (at

     present 400 poss.)

4. Special Scale                              123

5. Higher Scale                                 45

6. Highest Scale                                10

                                                    ______

                   Total                           1,247

      (Including deputation leave and training reserved).

                                   

In a 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. 5386/II-3-97-dated 20th August, 1997.

 

GOVERNMENT OF UTTAR PRADESH

APPOINTMENT SECTION –III

 

NOTIFICATION

MISCELLANEOUS

 

No. 5386/II-3-97-19/3(12)/94

Dated  :  Lucknow  : August 20,1997

 

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the Governor is pleased to make the following rules with a view to amending the  Uttar  Pradesh  Civil Service (executive Branch )  Rules, 1982.  THE UTTAR PRADESH CIVIL SERVICE  (EXECUTIVE BRANCH)  (FIFTH AMENDMENT) RULES, 1997.

Short title and commencement  

1. (1) These rules may be called the Uttar Pradesh Civil Service (Executive Branch)  (Fifth Amendment) Rules, 1997.

(2) They shall come into force atone.

Amendment of rule -5

2. In the Uttar Pradesh Civil Service  (Executive Brach)  Rules, 1982, hereinafter referred to as the said Rule 5, in sub rule (1) for the existing third proviso set out in column 1 below, the proviso as set out in column 2 shall be substitute namely:-

 

COLUMN 1

Existing proviso

Provided also that the recruitment shall be so arranged that as for as may be 33-1/3 percent posts in the cadre are held by the promotes and the rest by direct recruits.

COLUMN 2

Proviso as hereby substituted

Provided also that the recruitment shall be so arranged that with effect form the commencement of the Uttar Pradesh Civil service (Executive Branch) (Fifth Amendment) Rules, 1997, as for as may be, forty percent posts in the cadre are held by the promotes selected by the commission and with effect from the first day of July, 1999, fifty percent posts in the cadre are held by the promotes selected by the commission.

 

Insertion of new rule-18 A.

3.             In the said rules, after rule 18, the following new rule shall be inserted.

The Scale next to the Highest Scale

18-A       Selection to the Scale nest to the Highest Scale shall be made on the recommendation of a Selection Committee on the basis of merit from amongst such substantively appointed officers of Highest Scale as have completed five years service in the Highest Shall be Constituted by—

 

1. The Chief Secretary to the Government                                                                     Chairman

2. The Chairman, Board of Revenue Uttar Pradesh or any Member                         Member

    of the Board of Revenue Uttar Pradesh nominated by him.

3. The Agriculture Production Commissioner to the Government.                          Member

4. The Principal Secretary or the secretary as the case may be to the Chief          Member

    Uttar Pradesh

5. The Secretary to the Government in Appointment Department                             Member

6. The Secretary to the Government in Personnel Department

 

                Provided that the Government may, in special circumstances, reduce the qualifying service years to three years.


Amendment of Rule-19

4.             In the said Rules, in rule 19 for the existing illustrations, set out in column 2 shall be substituted namely:-

 

COLUMN 1

Existing illustrations

(1) 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 complained select list shall be prepared 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 direct recruits and 2 promotes out of 9 vacancies, the combined select list in (X) and (Y) year shall be prepared in the following cyclic order :-

 

 

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.       P        7.  D

8.       D       8.  D

9.       --       9.  D

               10.  D

 

COLUMN 2

Illustrations as hereby Substituted

(1)  Suppose in a particular year there are 10 vacancies in such a case 6 vacancies will go to the direct recruits (D) and 4 vacancies to promotes (P) after the selections are made the combined select list shall be prepared in the following cyclic order:--

1.                P

2.                P

3.                D

4.                D

5.                D

6.                P

7.                P

8.                D

9.                D

10.             D

    Suppose in a particular year there 10 vacancies, in such a case 5 vacancies will go to the direct recruits (D) and 5 to promotes (P). After  the selections are made the combined select list shall be prepared in the following cyclic order:--

1.          P

2.          D

3.          P

4.          D

5.          P

6.          D

7.          P

8.          D

9.          P

10.       D

   (ii) If, in the above case instead of recruitment in may year (X), being in accordance with the prescribed quota, 6 person are recruited by promotion and 4 directly and the deficiency in the quota of direct recruits is made good in the next year (Y) by recruiting 6 direct recruits and 4 promotes out of 10 vacancies, the combined select list in (X) and (Y) years shall be prepared in the following cyclic  order:

  (1) In the case of 40% quota with effect from the commencement of the Uttar Pradesh Civil Service (Excutive Branch) (Fifth Amendment) Rules, 1997.

     “X”                         “Y” year

1.       P                    1.    D  unfilled vacancy

                                         of  ‘x’ year.

2.       P                    2.   P

3.       D                    3.   P

4.       D                    4.   D

5.       D                    5.   D

6.       P                    6.    P

7.     P                    7.    P

8.     D                   8.    P

9.    D                   9.   D

10.  --                  10.  D

                            11.  D

   (ii) In the case of 50% quota from the first day of July 1999.

X’  year                      Y year

1.          P                          1.  D unfilled 

                                            vacancy of ‘x’

                                            year.

2.          D                         2.  P

3.          P                          3.  D

4.          D                         4.  P

5.          P                          5.  D

6.          D                         6.  P

7.          P                          7.  D

8.          D                         8.  P

9.          P                          9.  D

10.      --                        10.  P

                                  11.  D

    (iii) Where in any year quota of any source is complete, recruitment may be made from the other source only and combined select list need not be prepared. If less than 50% vacancies are required to complete the quota of any source, the names in the combined select list shall be arranged alternately :- y to the extent of the vacancies of such source and thereafter, the remaining names of the other source shall be placed in block.

 

Amendment of rule 24

5.             In the said Rules, in rule 24 for existing sub-rule (2) setout in column 1 below the sub rule as set out in column 2 shall be substituted: -

COLUMN 1

Existing sub. Rule

24. Scales of pay-(2) the scale of pay shall until orders varying the same are passed and unless, the Government servant opts for the old scale be as follows:-

Ordinary Grade: Rs. 2200—75—2800 E. B.—100 –4000

Time Scale: Rs. 3000—100 – 3500—125—4500 (After completion of five years of regular and satisfactory service in ordinary grade)

Selection Grade: Rs. 3700—125 –4700 –150 –5000

Special Scale: Rs. 4500—150—5700

Higher Scale: Rs. 5100—150—5700

Highest Scale: Rs. 5900—200—6700

  

COLUMN 2

Sub. rule as hereby substituted

(2)  The scales of pay shall, until orders varying the same are passed and unless, the Government servant opts for the scale, be as follows:-

Ordinary Grade: Rs. 2200—75—2800 E. B.—100 –4000

Time Scale: Rs. 3000—100 – 3500—125—4500 (After completion of five years of regular and satisfactory service in ordinary grade)

Selection Grade: Rs. 3700—125 –4700 –150 –5000

Special Scale: Rs. 4500—150—5700

Higher Scale: Rs. 5100—150—5700

Highest Scale: Rs. 5900—200—6700

The Scale next to the Highest Scale :

Rs.7300—100—7600 

                                                               

                                                                                             By order

                                                                                                     (Jagjit Singh)

                                                                                                     Secretary


In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the Governor is pleased to order the publication of the following English translation of notification no 7014/II-3—19/3(59)-86, dated December 30,1988:

No 7014/II-3—19/3(59)-86

Dated Lucknow, December 30,1988

 

In exercises of the powers conferred by the proviso to Article 309 of the Constitution the Governor is pleased to make the following rules to amend the Uttar Pradesh Civil Service (Executive Branch)

 

THE UTTAR PRADESH CIVIL SERVICE (EXECUTIVE BRANCH)

(THIRD AMENDMENT) RULES,1988

 Short title and Commencement

               

                1—(1) These rules may be called the Uttar Pradesh Civil Service (Executive Branch) (Third Amendment), Rules, 1988.

                      (2) They shall come into force atone.

Amendment of Rules—20

For sub-rule (2) of rule 20 of the Uttar Pradesh Civil Service (Executive Branch) (Third Amendment), Rules, 1982 hereinafter referred to as the said rules, the following sub-rule shall be substituted, namely:-

(2) If there than one orders of appointment are issued in respect of any on selection, a combined order shall also be issued mentioning the names of persons in order of seniority as determined in the selection:

 

                Provided that where a person was promoted and his promotion is subsequeuly approved by the Commission, the entire continuous officiating service rendered by him on a post within the promotes quota shall be taken into consideration for the purpose of this rule. If in any year of recruitment appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order, referred to in rule 19.

Amendment of Rules-21

3-In rule 23 of the said rules:--

                (i) In sub-rules (1) for the first proviso, the following proviso shall be substituted namely:-

                Provided that not- withstanding anything contained in sub-rule (4), in a case where the appointment order specifies a particular back date with effect from which a person is substantively appointed, that date, and where a person is promoted and after continuous affection against a vacancy of promotion quota, his prevention is approved by the Commission, the date of such council officiating shall be deemed to be date of order of substantive appointments, however, that such persons shall not get the benefit of any higher scale of pay until they are appointed by the Government in such higher scale.

                (i) sub-rule (3) shall be emitted.

Insertion of rule 23-A

4- After rules 23 of the said rules, the following rule shall be inserted, Namely :-

“ 23- A- Notwithstanding anything contained in rule 23 or saving in any other rules, as amended by the Uttar Pradesh Civil Service (Executive Branch) (Third Amendment), Rules, 1988.

any benefits of higher pay, grade or scale given to a member of the service before the enforcement of the said amendment rules, shall not be withdrawn merely be reason of such amendment.”

                                                                    

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