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State of Rajasthan - Act

The Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1963

RAJASTHAN
India

The Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1963

Rule THE-RAJASTHAN-CLASS-IV-SERVICES-RECRUITMENT-AND-OTHER-SERVICE-CONDITIONS-RULES-1963 of 1963

Published on 8 July 1963
Commenced on 8 July 1963
[This is the version of this document from 8 July 1963.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1963Published vide Notification No. F.1 (21) Apptts. (A-II)/62, dated 8-7-1963; published in the Rajasthan Gazette, Extraordinary, Part 4-C, dated the 12-7-1963In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following Rules regulating the recruitment to posts in, and the Conditions of Service of persons appointed to the Rajasthan Class IV Service.

Part I – General Rules

1. Short title and commencement.

- These rules may be called the Rajasthan Class IV Service (Recruitment and other Service Conditions) Rules 1963. They shall come into force at once.

2. Definition.

- In these Rules, unless the context otherwise requires:-

(a)"Appointing Authority" means the Head of the office, or the Officer to whom such power has been delegated by the Head of the Office;

(b)"Gazette" means the Gazette of Rajasthan Rajpatra published in pursuance of any law for the time being in force under the authority of the State Government;

(c)"Head of the Office" means the Officer declared as such under rule 3 of the General Financial and Accounts Rules.

(d)"Member of the Service" means a person appointed in a substantive capacity to a post in the Service under the provisions of these Rules or the rules or orders superseded by these Rules and includes a person placed on probation;

(e)"Service" means the Rajasthan Class IV Service;

(f)"Schedule" means Schedule appended to these Rules;

(g)"Substantive Appointment" means an appointment made under provisions of these Rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an appointment on probation or as a probationer followed by confirmation on the completion of the probationary period;

(h)[ "Service" or "Experience" wherever prescribed in these Rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with Rules promulgated under proviso to Article 309 of the Constitution of India.] [Substituted by No. F. 6(2) DOP/A-II/71, dated 29-8-82.]

Note.- Absence during service e.g. training, leave and deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as Service for computing experience or service required for promotion.

(i)[ "Year" means financial year.] [Added by No. F. 7(2) DOP/A-II/81, dated 21-12-81 w.e.f. 1-4-81.]

3. Interpretation.

- Unless the context otherwise requires, the Rajasthan General Clauses Act, 1955 (Rajasthan Act No. 8 of 1955) shall apply for the interpretation of these Rules as it applies for the interpretation of a Rajasthan Act.

Part II – Cadre

4. Composition and strength of the Service.

(1)The nature of posts included in the Service shall be as specified in column 2 of the [Schedule-I] [Substituted by No. F. 2(8) DOP/A-II/85, dated 23-7-91.].

(2)The strength of posts in each grade shall be such, as may be determined by Government, from time to time, provided that Government may-

(a)create any post permanent or temporary, from time to time, as may be found necessary: and

(b)leave unfilled or hold in abeyance or abolish any post, permanent or temporary, from time to time, without thereby entitling any person to any compensation.

5. Constitution of the Service.

- The Service shall consist of :-

(a)persons holding substantively the posts specified in the [Schedule-I] [Substituted by No. F. 2(8) DOP/A-II/85, dated 23-7-91.];

(b)persons recruited to the Service before the commencement of these Rules; and

(c)persons recruited to the Service in accordance with the provisions of these Rules.

Part III – Recruitment

6. Methods of Recruitment.

- [(1)] [Inserted by No. F.3(I) DOP/A-II/88, dated 18-12-89.] Recruitment to the Service after the commencement of these Rules, shall be by the following methods:-(a)direct recruitment in accordance with Part IV of these Rules;(b)transfer of an employee from one department to another on a corresponding post;(c)by absorption of work-charged employees;(d)by absorption of Part-time employees;(e)[ by promotion in accordance with Part-V of these Rules:] [Added by No. F. 4(1) DOP/A-II/78, dated 29-8-89.]Provided that nothing in these Rules shall preclude the Head of the Office from appointing officials previously in the employment of pre-reorganisation States of Ajmer, Bombay and Madhya Bharat to suitable posts mentioned in the [Schedule-I] [Substituted by No. F. 2(8) DOP/A-II/85, dated 23-7-91.] in accordance with the Rules governing the integration of their services.[Provided further that if the Appointing Authority is satisfied that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by other method in relaxation of the prescribed proportion may be made in the same manner as specified in these Rules.] [Added by No. F. 4(1) DOP/A-II/78, dated 29-8-89.]

(2)[ Notwithstanding anything to the contrary contained in these Rules, persons employed in work-charged basis in Public Works Department/Irrigation (Indira Gandhi Nahar Board (including) Indira Gandhi Nahar Board-Command Area Development) Department, Public Health Engineering Department/ ayurved Department and have put in at least two years continuous service as on 1-4-88 and have passed Vth class examination of a recognised School may be absorbed once only on the post of Class-IV or its equivalent posts mentioned in column No. 2 against S. No. 3 of Schedule I appended to the said rules on regular basis against such vacant post in their respective department to the extent of the 50% of the total vacant posts on 1st April, 1988 after adjudging their suitability by the Committee consisting of the following:-

(1)Head of Department or his nominee not below the rank of Addl. Chief Engineer/Addl. Head of the Department.

(2)One Senior Officer not below the rank of Superintending Engineer/Addl. Head of the Department/Dy. Head of the Department nominated by the head of the Department.

(3)Chief Accounts Officer/Senior Accounts Officer /Accounts Officer of the concerned department.]

6A.

Notwithstanding anything contained in these Rules, the recruitment, appointment, promotion , seniority and confirmation etc. of a person who joins the Army/Air Force/Navy during emergency shall be regulated by such orders and instructions as may be issued by the Govt, from time to time provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Govt, of India.

7. Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes.

(1)Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. direct recruitment and by promotion.

(2)The vacancies so reserved for promotion shall be filled in by Seniority-cum-merit and merit.

(3)In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Commission, for posts falling in its purview, and by the Appointing Authority in other cases and the Departmental Promotion Committee or the Authority, as the case may be, in the case of promotees, irrespective of their relative rank as compared with other candidates.

(4)appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. In the event of non availability of the eligible and suitable candidates amongst the Schedules Castes and the Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure, and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain so unfilled shall be carried forward to the subsequent three recruitment years in total and thereafter such reservation would lapse:Provided that there shall be no carry forward of the vacancies in posts or class/category/group of posts in any cadre of Service to which promotions are on the basis of merit alone, under these Rules.

7A. [ Determination of vacancies. [Substituted by No. F. 7(2) DOP/A-II/81, dated 21-12-81 w.e.f. 1-4-81.]

(1)

(a)Subject to the provisions of these Rules, the Appointing Authority shall determine on 1st April every year, the actual number of vacancies occurring during the financial year.

(b)Where a post is to be filled in by a single method as prescribed in the rule or Schedule, the vacancies so determined shall be filled in by that method.

(c)Where a post is to be filled in by more than one method as prescribed in the rules or schedule, the apportionment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over-all number of posts already filled in. If any fraction of vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota.

(2)The Appointing authority shall also determine the vacancies of earlier years yearwise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.] [Added by No. F. 3(1) DOP/A-II/88, dated 18-12-89.]

8. Nationality.

- A candidate for appointment to the Service must be-

(a)a citizen of India, or

(b)a subject of Nepal, or

(c)a subject of Bhutan, or

(d)a Tibetan refugee who come over to India before the 1st January, 1962 with the intention of permanently settling in India, or

(e)a person of Indian Origin who has migrated from Pakistan, Burma, Shri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India;

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or other Recruiting Authority and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government.

8A. [Conditions of eligibility of persons migrated from other countries of India] [Inserted by No. F. 2(4) DOP/A-II/79, dated 22-11-1984.].

- Notwithstanding anything contained in these Rules provisions regarding eligibility for recruitment to the Service with regard to Nationality, age limit and fee or other concessions to a person who may migrate from other countries to India with the intention of permanently settling in India shall be regulated by such orders or instructions as may be issued by the State Government from time to time and the same shall be regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

9. Age.

- A candidate for direct recruitment to a post enumerated in the Schedule must have attained the age of [18 years] [Substituted by No. F. 7(2) DOP/A-II/84, dated 20-3-90. w.e.f. 23-1-90.] and must have not attained the age of [33 years] [Substituted by No. F. 7(2) DOP/A-II/84, dated 20-3-90. w.e.f. 23-1-90.] on the first day on January following the last date fixed for receipt of applications:Provided:

(i)that the upper age limit mentioned above, may be relaxed by 5 years in exceptional cases by the Head of the Office in consultation with the Head of the Department;

(ii)that the upper age limit mentioned above, shall be relaxed by 5 years in the case of women candidates and candidates belonging to Scheduled Castes or Scheduled Tribes;

(iii)that the upper age limit mentioned above shall be 50 years in the case of the ex-service personnel and the reservists namely the Defence service personnel who were transferred to the Reserve;

(iv)that the persons appointed temporarily (to a post in the Service) shall be deemed to be within the age limit, had they been within age limit, when they were initially appointed even though they have crossed the age limit when they appear finally before the Commission and shall be allowed upto two chances had they been eligible as such at the time of their initial appointment;

(v)that the upper age limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit;

(vi)that in the cases of persons appointed beyond the prescribed upper age limit before 1.4.1973, the Government may relax the upper age limit upto 40 years:

(vii)that for recruitment to the post not within the purview of the Commission the upper age limit for persons who were retrenched from the State Government Service for want of a vacancy or due to abolition of post shall be 35 years if they were within the age limit prescribed under these rules, when they were initially appointed to the post from which they were first retrenched provided that normal prescribed channels of recruitment relating to qualifications, character, medical fitness etc. are fulfilled and they were not retrenched on account of complaint or delinquency and they produce a certificate of having rendered good services from the last Appointing Authority:

(viii)that the upper age limit mentioned above shall be relaxed upto 45 years for the persons repatriated from Burma, Ceylon on or after 1-3-1963 and East African Countries of Kenya, Tanganyika, Uganda and Zanzibar with a further relaxation upto 5 years in the cases of persons belonging to the Scheduled Castes or the Scheduled Tribes:

(ix)that there shall be no age limit in the case of persons repatriated from East African Countries of Kenya, Tanganyika, Uganda and Zanzibar:

(x)that the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served under the Govt, on a substantive basis on any post before his conviction and was eligible for appointment under the Rules.

(xi)that in the case of other ex-prisoner the upper age limit mentioned above shall be relaxed by a period equal to the term of imprisonment served by him provided he was not overage before his conviction and was eligible for appointment under the Rules:

(xii)that the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Commission had they been eligible as such at the time of their joining the Commission in the Army.

(xiii)that in case of a member of a family selected in connection with the Antyodaya Programme of the State, the upper age limit shall be relaxable upto 45 years; and

(xiv)[ that in case of a member of a family identified and released under the Bonded Labour System (Abolition) Act, 1967 (Central Act of 1976), the upper age-limit shall be relaxable upto 40 years.] [Added by No. F. 7(1) DOP/A-II/80, dated 11-6-81.]

(xv)[ that there shall no age limit in the case of widows and divorcee women.] [Added by No. F. 7(2) DOP/A-II/84, dated 18-12-87.]

Explanation.- That in the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorcee she will have to furnish the proof of divorcee.

10. Academic qualifications.

- A candidate for direct recruitment to the post specified in the scheduled shall possess:-

(i)the qualification given in the column 4 of the Schedule and

(ii)working knowledge of Hindi written in Devnagri script.

11. Form of application.

- The application shall be made in the form given in Schedule II.

12. Character.

- The character of a candidate for direct recruitment to the Service must be such as to qualify him for employment in the Service. He must produce a certificate of good character from a responsible person not related to him.Note.- (1) A conviction by a Court Law need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object the overthrow by violent means of Government as by law established, the mere conviction need not be regarded as a disqualification.

(2)Ex-prisoners who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed, should not be discriminated against on ground of their previous conviction for the purposes of employment in the Service. Those who are convicted of offence not involving moral turpitude or violence shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After-Care Home or if there are no such Homes in a particular district, from the Superintendent of Police of that District.Those convicted of offences involving moral turpitude or violence shall be required to produce a certificate from the Superintendent, After-Care Home, endorsed by the Inspector General of Prisons, to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct in an After-Care Home.

13. Physical Fitness.

- A candidate for direct recruitment to the Service, must be in good mental and bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of the Service and if selected, must produce a certificate to that effect from any Medical Officer employed in connection with the affairs of the Government of Rajasthan.

Part IV – Procedure for Direct Recruitment

14. [ Procedure of Recruitment. [[Substituted Vide Notification No. 4(1) DOP/A-II/78, Dated 9-4-90 for:-

'14. Source of Recruitment.-For direct recruitment to the post in the Service the Appointing Authority shall call for a list of candidates from local Employment Exchange. If a non-availability certificate is received from the Employment Exchange, the post may be filled up by the appointing Authority in such other manner as it deems fit by the Head of the Office:Provided that while selecting candidates for the vacancies, the Appointing Authority may also select suitable persons to meet additional requirement during the course of the year.']]- Application for direct recruitment to the post in the Service shall be invited by the Appointing Authority from the persons whose names have been registered in the Employment Exchange by advertising the vacancies to be filled in, in such manner as may be deemed fit:Provided that the Appointing Authority while selecting candidates for the vacancies, may also select suitable persons for additional requirement during the course of the year.]

15. Scrutiny of applications.

- The Appointing Authority shall scrutinise the applications received by him and require as many candidates qualified for appointment under these Rules as seem to him desirable to appear before him for interview:Provided that the decision of the Appointing Authority as to eligibility or otherwise of a candidate, shall be final:

16. Selection of the Candidates.

- The Appointing Authority shall prepare a list of the candidates whom he considers suitable for appointment to the posts concerned, arranged in the order of merit and appoint them in the same order, subject to the provision of Rule 8.The inclusion of a candidate's name in the list confers no right to appoint him unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that the candidate is suitable in all other respects for appointment to the Service:

Part V – Procedure for Recruitment by Promotion

17. Criteria for Selection.

- The persons enumerated in column 5 of the [Schedule I,] [Substituted by No. F. 2(8) DOIVA-II/ 18, Dated 23-7-91.] shall be eligible, on the basis of seniority-cum-merit for promotion to posts specified in column 2 of the [Schedule I] [Substituted by No. F. 2(8) DOP/A-II/18, Dated 23-7-91.], The promotions shall be made by the Appointing Authority with the approval of the Head of the Department Keeping in view their health, ability, diligence & efficiency.

17A.

No person shall be considered for promotion unless he is substantively appointed and confirmed on the next lower post. If no person substantive in next lower post is eligible for promotion, persons who have been appointed on such post on officiating basis after selection in accordance with one of the methods of recruitment or under any Service Rules promulgated under proviso to Article 309 of the Constitution of India may be considered for promotion on officiating basis only in the order of Seniority in which they would have been, had they been substantive on the said lower post.Explanation.- In case direct recruitment to a post has been made earlier than regular selection for promotion in a particular year, such of the persons, who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.

17B. Procedure for absorption of the Work-Charged employees.

- Notwithstanding anything to the contrary contained in these Rules, persons previously employed on daily paid or casual work- charged basis of a Department on such posts being initially sanctioned and brought on regular establishment, may be absorbed and appointed after screening by the Appointing Authority once only on posts which may be declared equivalent by the Government in the Administrative Department if they have put in at least two years Service on the first day of January of the year in which work-charged posts are initially converted into regular ones after adjudging their suitability in such manner as the Government may by an order generally or specifically direct.Explanation.- Work-charged employees have the same meaning as defined in the Rajasthan Public Works Department (B&R) including Gardens, Irrigation, Water Works and Ayurvedic Department, Workcharged Employees Service Rules, 1964.

17C.

Notwithstanding anything to the contrary contained in these Rules, persons previously employed on part time basis in a Department on such posts being initially sanctioned and brought on regular establishment, and have been continuously working as such may be absorbed and appointed after screening by the Appointing Authority once only on posts which may be declared equivalent by the Government in the Administrative Department if they have put in at least two years service on 1-4-78 or who were appointed before 1-4-76 after adjudging, their suitability in such manner as the Government may, by an order, generally or specifically direct.

17D. [ Fixation of pay of workcharged employees after absorption. [Added by No. F. 4(1) DOP/A-1I/73, Dated 30-1-80 W.E.F. 23-10-75, and corrigendum dated 11-2-81.]

- The pay of a Work-charged employee who is absorbed under rule 17B shall be fixed in the pay scale of the post at a stage corresponding to pay admissible to him as a work-charged employee immediately before absorption, and if there is no such stage at a stage next below that pay, plus personal pay equal to difference to be absorbed in future increase of pay. The date of increment will remain unchanged.]

17E. [ Restriction of promotion of persons foregoing promotions. [Added by No. F. 15(16) DOP/A-II/80, Dated 30-11-81.]

- In case a person, on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, forgoes such an appointment, he shall be considered again for appointment by promotion only after a period of one year (both on the basis of urgent temporary appointment or on regular basis, on the recommendations of the Departmental Promotion Committee).]

18. Urgent Temporary Appointment.

- Vacancy in the Service which cannot be filled immediately either, by direct recruitment or by promotion under the Rules may be filled in by the Government or by the Authority competent to make appointments, as the case may be, by appointing in an officiating capacity thereto an officer eligible for appointment to the post by promotion or by appointing temporarily thereto a person eligible for direct recruitment to the Service where such direct recruitment has been provided under the provisions of these Rules.

(2)In the event of non-availability of suitable persons, fulfilling the requirement of eligibility for promotion, Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis, subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall, however, be subject to concurrence of the Commission as required under the said sub-rule.

19. Seniority.

- Seniority in each category of the Service shall be determined by the year of substantive appointment to a post in the particular category:Provided (1) that the seniority inter se of the persons appointed to the Service before the commencement of these Rules, and/or in the process of integration of the Service on the pre- reorganisation State of Rajasthan or the Services of the new State of Rajasthan established by the State Re-organisation Act, 1956, shall be determined, modified or altered by the Head of Department on an ad hoc basis;

(2)that the seniority inter se of persons appointed to posts in a particular grade by recruitment on the basis of one and the same selection, except those who do not join service when a vacancy is offered to them, shall follow the order in which they have been placed in the list prepared under rule 16;

(3)that the seniority inter se of the persons appointed under rule 17A shall be determined by the Appointing Authority according to the date of continuous working on the post or equivalent post on which they were working before appointment as such;

(4)that the integrated seniority of holders of various categories of posts from which promotion to higher posts is provided in the rules shall be reckoned according to the year of substantive appointment to the lowest category of posts;

(5)that the seniority inter se of persons appointed under rule 17C shall be determined by the Appointing Authority according to the date of continuous working on the post on which they were working before appointment as such; and

(6)that the seniority of a person appointed to a post in the Service in one department by transfer from another department on a corresponding post shall be determined from the date he joined the post in the new Department.

20. Period of Probation.

(1)All persons appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed to the Service by Promotion/special Selection against substantive vacancy shall be placed on probation for a period of one year.Provided that :-

(i)Such of them as have, previous to their appointment by promotion/special selection or by direct recruitment against a substantive vacancy, officiated temporarily on the post which is followed by regular selection may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation. This shall, however not amount to involve supersession of any senior persons or disturb the order of their preference in respective quota or reservation in recruitment.

(ii)Any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.

(2)During the period of probation specified in sub-rule (1), each probationer may be required to pass such Departmental Examination and to undergo such training as the Government may from time to time, specify.Explanation.- In case of a person who dies or is due to retire on attaining the age of superannuation, the period of probation shall be reduced so as to end one day earlier on the date immediately preceding the date of his death or retirement from Government Service. The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in case of death or retirement.

20A.

(a)Notwithstanding anything contained in rule 21, if no order of confirmation is issued by the Appointing Authority within a period of six months, an employee appointed on temporary or officiating basis who has, after the date of his regular recruitment by either method of recruitment completed a period of two years service, or less in the case of those appointed by promotion where the period of probation prescribed is less, on the post or a higher post under the same Appointing Authority or would have so worked but for his deputation or training, shall on the occurrence of permanent vacancies be entitled to be treated as confirmed if the same conditions as are prescribed under the Rules for the confirmation of a probationer are fulfilled subject to the quota prescribed under the Rules and in accordance with his seniority:

Provided that if the employee has failed to give satisfaction or has not fulfilled any of the conditions prescribed for confirmation, such as passing of Departmental Examination, training or promotion cadre course etc., the aforesaid period may be extended as prescribed for probation or under the Rajasthan Civil Services (Departmental Examination)Rules, 1959, and any other Rules, or by one year, whichever is longer. If the employee still fails to fulfill the prescribed conditions or fails to give satisfaction, he will be liable to be discharged from such post in the same manner as a probationer or reverted to his substantive or lower post, if any to which he may be entitled:Provided further that no person shall be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period.

(b)The reasons for not confirming an employee referred to in the second proviso to clause (a) shall, in the case of a non-gazetted employee, be also immediately recorded by the Appointing Authority in his Service Book and Confidential Report File and in the case of Gazetted Officer communicated to the Accountant General, Rajasthan and in his Confidential Report File. A written acknowledgment shall be kept on record in all these cases.

Explanation.- (i) Regular recruitment for the purpose of this rule shall mean appointment after either of the methods of recruitment or on initial constitution of Service in accordance with any of the Service Rules promulgated under proviso to Article 309 of the Constitution of India or from posts for which no service rules exists, if the posts are within the purview of Rajasthan Public Service Commission recruitment in consultation with them but it shall not include an urgent temporary appointment/ad hoc appointments or officiating promotion against temporary or lien vacancies which are liable to review and revision from year to year. In case where the Service Rules specifically permit appointment by transfer such appointment shall be treated regular recruitment. Persons who have been made eligible for substantive appointment to post under the rule shall be treated as having been regularly recruited.

(ii)Persons who hold lien in another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary, they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.

21. Confirmation.

- A probationer shall be confirmed in his appointment at the end of his period of probation, if-

(a)He has passed the departmental examination, if any, completely, and

(b)Head of office is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.

21A.

Notwithstanding anything contained in rule 21, a probationer shall be confirmed in his appointment at the end of his period of probation even if the prescribed Departmental Examination/training/proficiency test in Hindi, if any, are not held during the period of probation laid in the rule, provided-

(i)he is otherwise fit for confirmation, and the

(ii)period of probation expires on or before the date of publication of this amendment in the Rajasthan Rajpatra.

22. Pay during probation.

- The initial pay of a person appointed by direct recruitment to a post in the Service/Cadre shall be minimum of the scale of pay of the post.

23. Increment during Probation.

- A probationer shall draw increment, in the scale of pay admissible to him in accordance with the provisions of the Rajasthan Service Rules, 1951.

24. Regulations of Pay, Leave, Allowance, Pension Etc.

- Except as provided in these Rules, the pay, allowances. Pension, leave and other conditions of service of the members of the Service, shall be regulated by:-

(1)The Rajasthan Travelling Allowance Rules, 1949, as amended up to date;

(2)The Rajasthan Civil Services, (Unification of Pay Scales) Rules, 1950, as amended up-to-date;

(3)The Rajasthan Civil Services, (Rationalisation of Pay Scales) Rules, 1956, as amended up-to-date;

(4)The Rajasthan Civil Services (Classification. Control and Appeal) Rules, 1958, as amended up-to-date;

(5)The Rajasthan Service Rules, 1951 as amended up-to-date;

(6)The Rajasthan Civil Services (Revised Pay) Rules, 1961; and

(7)any other rules prescribing general conditions of Service made by the appropriate Authority under the proviso to Article 309 of the Constitution of India and for the time being hi force.

25. Removal of doubts.

- If any doubt arises relating to the application and scope of these Rules, it shall be referred to the Government in the Department of Personnel whose decision thereon shall be final.

26. Repeal and Saving.

- All rules and orders in relation to matters covered by these rules and in force immediately before the commencement of these rules are hereby repealed;Provided that any order made or action taken under the rules and orders so superseded shall be deemed to have been made or taken under the Corresponding provisions of these rules.

27. Power to relax rules.

- In exceptional cases where the Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these Rules with respect to age or experience of any persons, it may with the concurrence of the Department of Personnel and Administrative Reforms and in consultation with the Commission by orders dispense with or relax the relevant provisions of these rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that such relaxation shall not be less favourable than the provisions already contained in these Rules. Such cases of relaxation shall be referred to the Rajasthan Public Service Commission by the [Administrative Department concerned.] [Substituted by No. 11(22) DOP/A-II/75, dated 18-8-82.]

I

S. No.	Name of post	Method of recruitment with percentage	Qualification for direct recruitment	Post from which promotion is to be made	Maximum qualification & experience forpromotion	Remarks
1	2	3	4	5	6	7
1. [] [Item 1 deleted and Item 2 renumbered as No. 1 by No. F. 4(1) DOP/A-II/73, dated 25-8-81.]	Jamadar	100% by promotion	(1) [ Peon(2) Cycle-Peon(3) Orderly(4) Waterman(5) Chowkidar(6) Farrash(7) Equivalent postssanctioned for office work in lowest scale.(8) Sweeper] [S. No. 1 of column 4 Deleted and 2 to 9 renumbered as 1 to 8 respectively vide No. F. 4(1) DOP/A-II/73, dated 16-8-81.]		Capacity to control persons etc.
2. [] [Renumbered for figure '3' vide No. F. 4(1) DOP/A-II/73, dated 25-8-81.]	[Daftary/ Record Lifter] [Substituted by No. F. 4(1) DOP/A-II/73, dated 25-8-81.]	100% by promotion	(1) Peon(2) Cycle-Peon(3) Orderly(5) Chowkidar(6) Farrash(7) Equivalent posts sanctioned for officework in lowest scale.[(8) Laboratory servant] [S. No. 2A & 8 added by No. F.4(1) DOP/A-II/78, dated 16-8-85.]	Experience in Book Binding/ ability in Book Binding for BookBinder and for Book Lifter working knowledge of Hindi andnumericals.	Practical test may be taken for Book Binding.
2A. [] [S. No. 2A & 8 added by No. F.4(1) DOP/A-II/78, dated 16-8-85.]	Laboratory Boy	50% promotion 50% Direct recruitment.	8th passed from a recognised School.	Laboratory servant.	5 years experience on the post mentioned in column 5.
3. [] [Renumbered for figure '4' by No. F.4(1) DOP/A-II/73, dated 25-8-81.]	(1) Peon2) Cycle-Peon(3) Orderly(4)Waterman(5) Chowkidar(6) Farrash(7) Equivalent postssanctioned for office work in lowest scale.[(8) Laboratoryservant] [S. No. 8 added vide Notification No. F.4(1) DOP/A-II/78, dated 16-8-85]	100% by direct recruitment.	Passed V class from a recognised School		The Appointing Authority may relax the qualificationprescribed in Column 4:-(i) If sufficient number ofcandidates belonging to Scheduled Castes and the ScheduledTribes are not available.(ii) If sufficient womencandidates are not available for class IV Female posts.(iii)For an Ex-Service man having three years service as such serviceman.

Explanation.- (i) Equivalent posts sanctioned for office work in the lowest scale will include posts sanctioned in the scale of pay identical to the scale of pay sanctioned for the post of Peon and will not include posts sanctioned for field job, or factories or workshop or for which a separate line of promotion is provided e.g. Helpers, Mates, Insect-collectors, Lab. Boy etc.[X X X] [Explanation (ii) deleted by No. F. 4(1) DOP/A-II/73 Dated 25-8-81.]

II

1. Name..........................................................

2. Designation...................................................

3. Educational Qualification.....................................

4. Post for which application is made............................

5. Length of service on present appointment......................

6. Remarks of the forwarding Authority...........................

.................................................................Name and designation of the forwarding Authority[Schedule - III] [Deleted by No. F. 2(8) DOP/A-II/85, Dated 23-7-91.]For circuit HousesImportant Circular OrderSub:-Determination of seniority of Class IV employees transferred from one Department to another Department.Under rule 2(a) of the Rajasthan Class IV Service (Recruitment and other Service Conditions) Rules, 1963, Heads of the offices have been exercising the powers of the Appointing Authority for Class IV Services and Head of Department is competent to confirm them. There also exists a provision of transfer of an employee from one department to another on a corresponding post under rule 6 (b) of the said rules. The Class IV cadre of each Head of the Department is separate. Instances have, however come to the notice where, in some exceptional cases, even Class IV Servants have been ordered to be transferred by a Head of Department from other Head of Department/Office. Certain Heads of Department have raised a point for proper determination of seniority of such transferred Class IV servants.

2. According to the Rule 19 of the Rules ibid. seniority in each category of the Service is determined by the year of substantive appointment to a post in the particular category and confirmation of Class IV servants could be made on the availability of substantive vacancy. In certain departments temporary posts were converted earlier than others. Thus the incumbents were also confirmed earlier than their counterparts in other departments.

3. Consequently a Class IV servant of a department who had put in comparatively lesser service-than a Class IV servant of another department was confirmed earlier in view of the circumstances of a particular department. It creates an anomalous position if such Class IV servant is transferred to another department where Class IV servants with comparatively longer service could be confirmed from a later date for no fault of their own.But under the provisions of Rules as explained above, on transfer, such Class IV servant with less service by dint of his earlier confirmation, creates heart burning and gives rise to a grievance.

4. The matter has been considered by the Government and it has been decided that henceforth for determination of seniority of such transferred Class IV servants, the following procedure, akin to employees deputed from one department to another may be adopted:-

(i)A permanent/temporary Class IV servant on transfer in exigencies of public service or in special circumstances will retain his lien/claim in the parent department. At the time of such temporary transfer it should be clearly stated whether such transfer has been at the request of the employee himself;

(ii)Such temporary transfers will be for a specific period not exceeding three year. He will remain posted in the new cadre as a deputationist (temporary transfer) and his name will not be shown in the seniority list of new cadre;

(iii)Names of such employees will continue to be shown in seniority list to be published by the parent Department;

(iv)He will be considered for confirmation and promotion or retrenchment etc. according to his turn in his parent department and shall have to go back to his parent cadre in the above mentioned eventualities. In the case of an employee who is posted as such on his own request he will have to avail of the benefit of confirmation or promotion in parent cadre or finally forego such promotion whereafter he will have no claim for it. In the case of others also it will not be proper to hold them back and they should be reverted to their parent cadre;

(v)In case he does not wish to go back to his parent department, and the Appointing Authority is willing to retain him, his service in the previous cadre will not count for seniority in the new department and he will be confirmed or promoted accordingly. He should be required to give this option either when he joins the new department or as soon as any question of his promotion or confirmation in either of the two cadres arises.

Cases of seniority of class IV officials transferred from one Department to another may henceforth be decided in accordance with the principles indicated above.[DOP (A.II Circular NO. F. 4(1) Karmik/ka-ii/74, dated 22-8-1978]fo"k; %& prqFkZ Js.kh ds deZpkfj;ksa dh ofj"Brk dk fu/kkZj.kdfri; foHkkxksa }kjk ;g iz'u mBk;k x;k gS fd prqFkZ Js.kh deZpkfj;ksa dh ofj"Brk foHkkxk/;{k ds Lrj ij fu/kkZfjr dh tkuh pkfg, vFkok fu;qfDrdRrkZ vf/kdkjh ds Lrj ijAbl laca/k esa jktLFkku prqFkZ Js.kh lsok (HkrhZ ,oa vU; lsok 'krsZ) fu;e] 1963 ds fu;e 2(d) esa fu;qfDr vf/kdkjh] ls rkRi;Z dk;kZy; v/;{k gSM vkWQ vkWfQl ls gS rFkk lHkh cM+s ;k NksVs foHkkxksa esa dk;kZy; v/;{k }kjk gh prqFkZ Js.kh deZpkfj;ksa dh fu;qfDr o inLFkkiu vkfn dh dk;Zokgh dh tkrh gS o laoxZ mUgha ds }kjk fu;af=r gksrk gS] laoxZ esa inksUufr ds }kjk fu;qfDr Hkh dk;kZy; v/;{k (fu;qfDrdrkZ vf/kdkjh) }kjk dh tkrh gSAvr% ;g Li"V fd;k tkrk gS fd lHkh foHkkxksa esa prqFkZ Js.kh deZpkfj;ksa dh ofj"Brk foHkkxh; v/;{k gSM vkQ vkWfQl ds Lrj ij gh cukdj j[kh tkuh pkfg,A(dkfeZd (d&2) foHkkx ds ifji= la[;k ,Q 4(1) dkfeZd@d&2@74 ikVZ&II fnukad 16 tuojh] 1979)OrderIn order to provide employment to members of the families identified and released under the Bonded Labour System Abolition Act, 1976 the following procedure is hereby laid down;-

1. All vacancies of Class IV, vacancies of Lower Division Clerks and posts like that of Fitter, Pump Operator etc. in the Subordinate Services and Workcharge employees and permanent labour in Public Works Department, Irrigation, Rajasthan Canal, Public Health Engineering Department, Forest and in all other Departments should compulsorily be intimated to the Collectors of the District alongwith a request that the name of the identified released Bonded Labour candidates be sent to the Appointing Authority within one week.

2. All appointing authorities will invariably invite the identified and released Bonded Labour families whose names have been intimated to them by the Collector for filling up aforesaid posts.

3. The Appointing Authorities shall call these candidates for interview where necessary and will consider them on merit. In case the Bonded Labour candidate is not found suitable for the job, reasons for his rejection should be noted in the proceedings of the selection.

4. All cases of selection and rejection (alongwith reasons for rejection) should be intimated to the Collector concerned.

The Government is very keen on providing employment to released bonded labours families. It is, therefore enjoined that the procedure mentioned above should be strictly followed by all appointing authorities.(Department of Personnel (A.Gr.II) order Number F. 7(1) DOP/A-11/80, dated 21-1-81.)ifji=fo"k; %& prqFkZ Js.kh deZpkfj;ksa dh ofj"Brk lwph cukdj tkjh djus ckcrbl foHkkx ds lela[;d ifji= fnukad 16 tuojh] 1979 }kjk ;g Li"V fd;k x;k Fkk fd prqFkZ Js.kh deZpkfj;ksa dh ofj"Brk fu;qfDrdrkZ vf/kdkjh vFkkZr~ gSM vkWQ vkWfQl ds Lrj ij gh cukdj j[kh tkuh pkfg;sA,slk /;ku esa vk;k gS fd dbZ fu;qfDrdRrkZ vf/kdkjh vius v/khu prqFkZ Js.kh lsok ds vf/kdkfj;ksa dh ofj"Brk lwph ugha cukrs gSa] tks mfpr ugha gS] jktLFkku Dykl Qksj (lfoZl fjdzwVesaV ,.M vnj lfoZl dUMh'kUl) :Yl] 1963 ds izko/kkuksa ds vUrxZr ofj"Brk lwph cuk;k tkuk vfuok;Z gSAvr% leLr foHkkxk/;{kksa ls vuqjks/k gS fd os viuh v/khu gSM vkWfQl dh fufnZ"V djsa fd muds v/khu prqFkZ Js.kh lsok ds deZpkfj;ksa dh ofj"Brk lwph cukdj j[kk djsaA(ifji= dzekad ,Q0 4(1) dkfeZd d&2@73-II fn0 9&6&1983)

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