[Cites 0, Cited by 0]

State of Odisha - Act

The Orissa Administrative Tribunal (Recruitment and Conditions of Service of Officers and Staff) Rules, 1999

ODISHA
India

The Orissa Administrative Tribunal (Recruitment and Conditions of Service of Officers and Staff) Rules, 1999

Rule THE-ORISSA-ADMINISTRATIVE-TRIBUNAL-RECRUITMENT-AND-CONDITIONS-OF-SERVICE-OF-OFFICERS-AND-STAFF-RULES-1999 of 1999

Published on 26 June 1999
Commenced on 26 June 1999
[This is the version of this document from 26 June 1999.]
[Note: The original publication document is not available and this content could not be verified.]

The Orissa Administrative Tribunal (Recruitment and Conditions of Service of Officers and Staff) Rules, 1999Published vide Notification No. 19319-2R/1-1/99-Gen., dated 26th June 1999, Orissa Gazette No. 36 dated 3.9.1999General Administration DepartmentNo. 19319-2R/1-1/99-Gen. - In exercise of the powers conferred by clause (b) of Section 36 of the Administrative Tribunals Act, 1985 (13 of 1985), the government do hereby make the following rules to regulate the method of recruitment and conditions of service of officers and staff of the Orissa Administrative Tribunal, namely :-

Part I – Preliminary

1. Short Title and Commencement.

(1)These rules may be called the Orissa Administrative Tribunal (Recruitment and Conditions of Service of Officers and Staff) Rules, 1999.

(2)They shall come into force on the date of their publication in the Orissa Gazette.

2. Definitions.

(1)In these rules, unless the context otherwise requires,-

(a)"Act" means the Administrative Tribunals Act, 1985 (13 of 1985);

(b)"Administrative Department" means the General Administration Department of Government of Orissa;

(c)"Chairman" means the Chairman of the Orissa Administrative Tribunal;

(d)"Committee" means the Departmental Promotion Committee constituted under rule 6;

(e)"Deputation" means the temporary transfer/borrowing the services of Officer/employees from the Government to the Tribunal as defined in Chapter VIII of the Orissa Service Code;

(f)"Government" means the Government of Orissa;

(g)"Registrar" means the Registrar of the Tribunal;

(h)"Deputy Registrar (Administration)" means Deputy Registrar, Administration of the Tribunal;

(i)"Deputy Registrar (Judicial)" means the Deputy Registrar, Judicial of the Tribunal;

(j)"Schedule" means a Schedule appended to these rules;

(k)"Scheduled Caste" such Castes as specified in Scheduled Castes Order, 1950 made under Article 341 of the Constitution of India;

(l)"Scheduled Tribe" means such Tribes as specified in Scheduled Tribes Order 1950 made under Article 342 of the Constitution of India;

(m)"Socially & Educationally Backward Class" means such class as mentioned in the notification No. 25455 (T.W.), dated the 10th September 1993 of Government of Orissa in the Welfare Department;

(n)"Selection Committee" means the Committee constituted under rule 11;

(o)"Service" means the Orissa Administrative Tribunal Service constituted under rule 3;

(p)"Tribunal" means the Orissa Administrative Tribunal established under Sub-section (2) of Section 4 of the Act; and

(q)"Year" means the Calendar year.

(2)Words and expressions used but not defined in these rule shall have the same meaning as given to them in the Act and Orissa Service Code.

Part II

3. Constitution of Cadres of the Service.

- The service shall, consist of Group 'A', Group 'B', Group 'C' and Group 'D' posts each category constituting a separate cadre.Example - The category of Section Officer Level I shall constitute a separate cadre. The category Senior Assistants shall constitute a separate cadre etc.

Part III

4. Method of Recruitment.

- Recruitment to the posts in the service shall be made by the method specified against each in Schedule I.

5. Appointment by way of Deputation.

(1)The Officers or employees who come to the Tribunal on deputation from different Departments of the Government, State Government Undertakings, High Court or the Subordinate Judiciary may be absorbed in the Tribunal on exercising option, on the orders of the Chairman passed in consultation with the concerned lending authority.

(2)The Officers or employees so absorbed in any post or the service shall not claim seniority accrued to them in their parent Departments or Offices :Provided that the seniority inter se of the officers or the employees so absorbed in the Service shall count from the date of their absorption in any cadre of the Service and if two or more persons are absorbed in a particular grade on the same day, their inter se seniority shall be decided by taking into consideration the period of their past services rendered in their parent Departments/Offices:Provided further that the services rendered by an officer/employee in the Tribunal before the commencement of these rules shall be reckoned towards counting of seniority and eligibility for promotions to the next higher grade in the Tribunal.

Part IV – Promotion

6. Constitution of Committee.

(1)There shall be constituted a Departmental Promotion Committee consisting of the following persons to consider the cases of promotion from Group 'D' to Group 'C' and within Group 'C' posts, namely:-

(a)	Registrar	Chairman
(b)	Deputy Secretary, General Administration Department to benominated by Special Secretary.	Member
(c)	Deputy Registrar (Judicial)	Member-Convenor

(2)The recommendation of the Committee shall be valid and can be operated upon not withstanding the absence of anyone of its members other than the Chairman, provided the member so absenting was duly invited to attend the meeting of the Committee.

7. Eligibility for promotion.

- In order to be eligible for promotion, one shall have the requisite qualification and experience and must have passed the departmental examination, if necessary, as specified in Schedule I.

8. The Procedure for selections by the Committee.

(1)The Committee shall meet once in a year preferably in the month of January to prepare a list of officers or employees, as are held by them, suitable for promotion to the next higher grade taking into account the existing vacancies and the anticipated vacancies of the year.

(2)The Committee while considering the promotion cases of suitable officer/employees shall follow the provisions contained in the Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975 and rules made thereunder, the Orissa Civil Service (Zone of Consideration for Promotion) Rules, 1988, Orissa Civil Service (Criteria for Promotion) Rules, 1992 and the instructions contained in General Administration Department Office Memorandums relating to sealed cover procedure.

(3)The select list shall contain the names of the suitable officers in order of merit equal to the number of vacancies including the anticipated vacancies of the year.

(4)The list shall be placed before the Chairman and after the approval by the Chairman with changes if any shall become the select list.

(5)The select list shall remain valid for a period of one year from the date of its approval by the Chairman or the publication of a fresh select list approved by the Chairman, whichever is earlier.

(6)Appointment order shall be issued in the order in which the names appear in the select list.

Part V – Direct Recruitment

9. Direct recruitment through competitive examination.

(1)Direct recruitment to different posts in the service shall be made by the competent authority as specified in Schedule I.

(2)The Registrar shall determine the number of vacancy or vacancies as on the 1st January and anticipated vacancies of the year required to be filled up by direct recruitment in different posts.

(3)He shall advertise the vacancies in the local newspapers inviting applications from eligible persons or notify the vacancies to the Employment Exchange for sponsoring the names of eligible persons for appearing in the Competitive Examination for which he is authorised to conduct the recruitment test and in respect of other posts vacancy position shall be intimated to the authorised agencies as per Schedule I.

10. Condition of eligibility.

- In order to be eligible for appearing in the Competitive Examination a candidate shall-

(a)be a Citizen of India;

(b)not be less than eighteen years and more than thirty two years of age as on the 1st day of January of the year in which the recruitment is to be made :-

Provided that the maximum upper age limit shall be relaxed by five years in case of candidates belonging to the Scheduled Castes and Scheduled Tribes and Women and by ten years in case of physically handicapped persons, and by three years in case of Socially and Economically Backward Classes. Upper age limit shall also be relaxed in case of ex-servicemen as per the provisions contained in Orissa Ex-Servicemen Rules, 1985;

(c)not have more than one spouse living;

(d)have passed Middle English School Examination with Oriya as a language subject;

Orhave passed the High School Certificate Examination or an equivalent examination with Oriya as Medium of examination in non-language subject.Orhave passed in Oriya as language subject in the final examination of Class VIII or above;Orhave passed a test in Oriya equivalent to Middle English School standard conducted by the Education Department.

(e)possess the requisite educational qualification and satisfy other qualifications as mentioned in respect of the particular post in Schedule I, and

(f)be of good character.

11. Constitution of Selection Committee.

- There shall be constituted a Selection Committee for conducting examination for direct recruitment to the posts which shall consist of the following persons namely :-

(a)	Registrar	Chairman
(b)	Deputy Registrar (Judicial)	Member
(c)	Deputy Registrar (Administration)	Member-Convenor

12. Recruitment Examination.

(1)The Scheme of the examination for direct recruitment of Junior Assistant shall be such as specified in Orissa Ministerial Services (Method of Recruitment to the posts of Junior Assistants in Heads of Department) Rules, 1994.

(2)The procedure for conducting examination for direct recruitment to other Class-III and Group 'D' posts shall be such as may be directed by the Chairman keeping in view of the specific job requirement of each such post.

13. Preparation of merit list.

(1)The Selection Committee shall prepare a list of candidates found suitable for appointment equivalent to the number of vacancies estimated and arrange their names in order of merit.

(2)The list shall be submitted to the Chairman for his consideration and approval :

(3)The list shall remain valid for a period of one year from the date of its approval by the Chairman.

14. Publication of the merit list.

(1)The merit list referred to in rule 13 after its approval by the Chairman, shall be published in the notice board of the Tribunal.

(2)Appointment to the posts in the service shall be made from the respective approved list in the order in which the names appear.

(3)Inclusion of names of candidates in this list shall not confer any right to appointment.

15. Consequence of failure to join the assignment.

- Failure on the part of a candidate to join the post offered to him/her by the date specified in the order of his/her appointment in the absence of any extension such date by the appointing authority, shall result in the forfeiture of his/her claim for such appointment.

Part VI – Reservation

16. Reservation of Vacancies.

- Notwithstanding anything contained in these rules, vacancies shall be reserved for the Scheduled Caste and Scheduled Tribe candidates in accordance with the provision of the Orissa Reservation of Vacancies in the posts and Services (For Scheduled Castes and Scheduled Tribes), Act, 1975 and rules framed thereunder and for the Socially and Educationally Backward Classes/Physically Handicapped/Ex-Servicemen/Sportsmen/Women in respect of the posts to which direct recruitment is made as per the Government decision in vogue.

Part VII – General

17. Probation.

(1)A person appointed to any post in the service by direct recruitment shall be on probation for a period of two years and when appointed by promotion shall be probation for a period of one year from the date of the joining the post:Provided that Chairman may, if they so think shall extend the period of probation in any case or class of cases:Provided further that such period of probation shall not include-

(a)extra ordinary leave;

(b)period of unauthorised absence; or

(c)any other period held to be not being on actual duty.

(2)If, during or at the end of the probation period he/she is found unfit to hold the posts as per the objective assessment made from time to time by the appointing authority-

(a)his/her services shall be terminated if he/she is a direct recruit; or

(b)he/she shall be reverted to his/her former post, if he/she is a promotee.

18. Training and Departmental Examination.

- Persons appointed to any post in the service shall be required to undergo such training or to pass such departmental examination as may be decided by the Tribunal from time to time.

19. Inter se Seniority.

- The seniority of the persons appointed by way of direct recruitment or by promotion to posts in the service in any particular year shall be determined with reference to their position in their respective select list or approved merit lists, as the case may be:Provided that, if there are appointments by promotion and also by direct recruitment, in one year, the person appointed on promotion shall be enblock senior to the direct recruits:Provided further that seniority of person appointed under Orissa Civil Services (Rehabilitation Assistance)) Rules, 1990 in the grade or cadre of the service or posts in which the appointment is made shall be fixed below the persons recruited and appointed in that grade or cadre in that particular year as per the provision of these rules.

20. Confirmation.

- The persons appointed to the service shall be eligible for confirmation according to their position in the select list, after satisfactory completion of the period of probation and subject to availability of permanent vacancies.

21. Relaxation.

- When it is considered by the Government that it is necessary or expedient to do so in the public interest, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of persons, in the public interest.

22. Appointing Authority.

- The Chairman shall be the appointing authority of all the employees of the Tribunal, except those mentioned in serial numbers 1, 2 and 3 of Schedule I.

23. Disciplinary Authority.

(1)The Chairman shall be the disciplinary authority within the meaning of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 for all employees of the Tribunal except those mentioned against serial numbers 1, 2 and 3 of Schedule I.

(2)An appeal against the order of the Chairman shall lie to the Government

24. Other Conditions of Service.

- The other conditions of the service of the officers and employee of the Tribunal for which no provision has been made in these rules, the rules and orders for the time being in force and applicable to similar officers and employees holding corresponding posts or pay scales under the Government shall be applicable mutatis mutandis to such persons.

25. Interpretation.

- If any question arises relating to the interpretation of these rules, it shall be referred to Government in General Administration Department for clarification.

I

(See rule 7)

Sl. No.	Name of the post with the class which it belongs	Method of Recruitment	Qualification for direct recruitment	Eligibility
(1)	(2)	(3)	(4)	(5)
1.	Registrar	By deputation	...	From amongst the officers of Orissa SuperiorJudicial Service (Senior Branch).
2.	Deputy Registrar (Judicial), Group-A.	By deputation	...	From amongst the officers of Orissa JudicialService Group-A (Civil Judge, Senior Division).
3.	Deputy Registrar, (Administration) Group-A.	By deputation	...	From amongst the officers of Orissa JudicialService, Group-A.
4.	Accounts Officer	By deputation	...	From amongst the officers of Orissa FinanceService, Group-B.
5.	Private Secretary	By promotion from Personal Assistants of Tribunal.	...	The Personal Assistant in service of OrissaAdministrative Tribunal having 5 years of continuous service assuch
		OR		OR
		in case of non-availability of suitable candidatesby deputation from State Government		Personal Assistants in any Department or Officeof the State Government having 5 (Five) years service experienceas such.
		OR		OR
		in case of non availability of candidates ondeputation, by direct recruitment.		Personal Assistant in any Government,Semi-Government Establishment or Public Sector Undertakinghaving 5 years of experience as such.
6.	Personal Assistant	By promotion from Senior Stenographers of theOrissa Administrative Tribunal		The Senior Stenographers of OrissaAdministrative Tribunal having nine years of service experienceas such.
		OR		OR
		in case of non-availability of suitable SeniorSteno, by deputation from the State Government.		Senior Stenographers of any Department orOffice of the State Government having nine years of serviceexperience as Senior Stenographer.
		OR		OR
		in case of non-availability of candidates ondeputation, by district recruitment.		Senior Stenographers of any Government,Semi-Government or Public Sector Undertaking having nine yearsof experience as such.
7.	Section Officer, Level-I	By promotion from the rank of Section Officer,Level-II of the Orissa Administrative Tribunal.		The Section Officers, Level-II of OrissaAdministrative Tribunal having 5 years of continuous service assuch.
8.	Section officer, Level-II	By promotion, from the rank of Senior Assistantsof the Orissa Administrative Tribunal		The Senior Assistant of the OrissaAdministrative Tribunal having 12 years of services out of which9 years must have completed as Senior Assistant and who havepassed Final Accounts Examination conducted by the MadhusudanInstitute of Accounts & Finance shall be eligible forpromotion.
		OR		OR
		in case of non-availability of suitable candidatesby deputation from State Government.	...	By deputation of Senior Assistant serving inany of the Department of Government having 12 years of Serviceout of which 9 years must have completed as Senior Assistant andwho have passed departmental examination.
				(Explanation:- The post of SeniorAssistant in Orissa Administrative Tribunal include the post ofBench Clerk and Senior Accountant).
9.	Court Officer	By promotion	...	The Caretaker of the Orissa AdministrativeTribunal having 5 years of continuous service as such shall beeligible for promotion.
		OR		OR
		in case of non-availability of suitable candidatesby deputation from State Government.		by deputation of Caretaker serving in any ofthe Department of Government having 5 years or continuousservice as such.
10.	Senior Librarian	By promotion	...	The Junior Librarian having 5 years ofcontinuous service as such shall be eligible for promotion.
11.	Oriya Translator	By direct recruitment through the Orissa StaffSelection Commission.	...	Graduate in Arts with Oriya as one of thesubjects in the examination shall be eligible for the post.
12.	Senior Assistant	By promotionORin case of non-availability of suitablecandidates, by deputation from State Government.	...	By promotion from among the Junior Assistantsor Store Keeper of the Orissa Administrative Tribunal who haverendered 3 years of continuous service as such and must havepassed the Preliminary Accounts Examination conducted by theBoard of Revenue/Madhusudan Institute of Accounts & Finance.(Explanation The post of Junior Assistant in OrissaAdministrative Tribunal includes the post of Store Keeper inOrissa Administrative Tribunal):
			...	Provided that 10% of the vacancies in the cadreof Senior Assistant in as year shall be filled up from among theSenior Grade Typist/Senior Grade Diarist/Senior Grade Recorderof the Orissa Administrative Tribunal who have passedMatriculation Examination and have rendered 10 years ofcontinuous service as such on the 1st day of January in whichthe recruitment is made.
13.	Bench Clerk	By deployment of Senior Assistants of the OrissaAdministrative Tribunal.	...	...
14.	Senior Accountant	By deployment of Senior Assistants of the OrissaAdministrative Tribunal.	...	...
15.	Junior Assistant	By direct recruitment through the Orissa StaffSelection Commission.	...	The candidates with qualification +2 inArts/Science and Commerce shall be eligible for the post.
16.	Caretaker	By direct recruitment	...	Candidates having +2 qualification inArts/Science/ Commerce, shall be eligible for the post. TheSelection Committee shall invite applications from the eligiblecandidates and make necessary appointment after conducting arecruitment test by written examination or Viva voce or both.
17.	Storekeeper	By deployment of Junior Assistant of the OrissaAdministrative Tribunal.	...
18.	Junior Grade Typist	By direct recruitment through the Orissa StaffSelection Commission.	...	The candidates having High School CertificateExamination qualification with minimum speed of 40 words perminute in English Typewriting and 20 words per minute in OriyaTypewriting shall be eligible for such post.
19.	Staff Car Driver	By direct recruitment through Selection Committee.	...	Candidates who have passed M.E. Standard andhave good physique and eye-sight with a valid driving licence oflight vehicles.
20.	Photo Copier	By promotion by way of selection.	...	The Library Attendant, Treasury Sarkar andRecord Supplier of the Orissa Administrative Tribunal who haverendered 3 years of continuous service as such shall be eligibleto hold the post.
21.	Junior Grade Diarist	By promotion from among Group-C employees in thepost of Record Supplier/ Treasury Sarkar and such otherequivalent posts.	...	The Record Supplier, Treasury Sarkar and suchother Group-C employees who have completed at least five yearsof service as such shall be eligible for promotion.
22.	Senior Grade Typist	By promotion	...	The Junior Grade Typist of OrissaAdministrative Tribunal who have rendered 5 years of continuousservice as such shall be eligible for promotion.
23.	Senior Record Keeper	By promotion	...	The Junior Grade Record Keepers havingcompleted 5 years of service as such shall be eligible forpromotion.
24.	Junior Record Keeper	By promotion	...	The Treasury Sarkar, Library Attendant andRecord Supplier who have completed 5 (five) years of service assuch shall be eligible for promotion.
25.	Junior Librarian	By direct recruitment through the SelectionCommittee.	...	Candidates having Graduate qualification withDegree or Diploma in Library Science shall be eligible for thepost. The Selection Committee shall invite applications from theeligible candidates and select the candidates by conductinginterview or a written test or both.
26.	Senior Stenographer	By deputation from different Departments of StateGovernment, Courts and Tribunal.	...	Junior Stenographers in any Department orOffice of the Government, Court or Tribunal having five years ofexperience as such.
				OR
				Junior Stenographers in any Government/Semi-Government or Public Sector Undertakings having 5 years ofexperience as such.
27.	Library Attendant	By promotion by way of selection.	...	The Zamadars, Daftaries and Peons who havepassed Matriculation or equivalent examination and completed atleast 5 years of service as such shall be eligible for the post.
28.	Treasury Sarkar	By promotion by way of selection	...	The Zamadars, Daftaries who have passed M E.Examination or equivalent examination and completed at least 3years of service as such shall be eligible for the post.
29.	Record Supplier	By promotion by way of selection	...	The Zamadars, Daftaries who have passed M.E.Examination or equivalent examination and completed at least 3years of service as such shall be eligible for the post.
30.	Daftary	By promotion by way of selection.	...	The Peons and Despatch Rider who have at leastcompleted 5 years of service on the 1st day of January of theyear of recruitment as such.
31.	Zamadar	By promotion by way of selection.	...	The Peons and Despatch Rider who have atleastcompleted 5 years of service on the 1st day of January of theyear of recruitment as such.
32.	Despatch Rider	By direct recruitment through the SelectionCommittee.	...	Candidates who have passed M.E. Standard shallbe eligible for the post. The Committee shall invite theapplications from the candidates and select the candidates byconducting interview.
33.	Peon	By direct recruitment through the SelectionCommittee.	...	Candidates who have passed M.E. standard shallbe eligible for the post. The Committee shall inviteapplications from the candidates and select by conductinginterview.
34.	Farash	By direct recruitment through the selectionCommittee.	...	Candidates who have passed M.E. standard shallbe eligible for the post. The Committee shall inviteapplications from the candidates and select by conductinginterview.
35.	Mali	By direct recruitment through the selectionCommittee by an interview.	...	Candidates having knowledge in gardening workshall be eligible for the post.
36.	Sweeper	By direct recruitment through the selectionCommittee by an interview.	...	Candidates having knowledge of reading andwriting Oriya shall be eligible for the post.
37.	Process Server	By direct recruitment through the SelectionCommittee by an interview.	...	Candidates who have passed M.E. standard andknows cycling shall be eligible for the post.
38.	Choukidar	By direct recruitment through the selectionCommittee by an interview.	...	Candidates who have passed M.E. standard shallbe eligible for the post.

Legal Document View

Unlock Advanced Research with PRISMAI

State of Odisha - Act