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State of Uttar Pradesh - Act

U.P. Prison Administration and Reforms Department Ministerial, Stenographer and Co-Related Service Rules, 2007

UTTAR PRADESH
India

U.P. Prison Administration and Reforms Department Ministerial, Stenographer and Co-Related Service Rules, 2007

Rule U-P-PRISON-ADMINISTRATION-AND-REFORMS-DEPARTMENT-MINISTERIAL-STENOGRAPHER-AND-CO-RELATED-SERVICE-RULES-2007 of 2007

  • Published on 14 February 2007
  • Commenced on 14 February 2007
  • [This is the version of this document from 14 February 2007.]
  • [Note: The original publication document is not available and this content could not be verified.]
U.P. Prison Administration and Reforms Department Ministerial, Stenographer and Co-Related Service Rules, 2007Published vide Notification No. 107/22-1-2007-107-97, dated 14th February, 2007 and published in the U.P. Gazette (Extraordinary), Part 4, Section (Ka), dated 28th April, 2007In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of service of persons appointed to the Uttar Pradesh Prison Administration and Reforms Department Ministerial, Stenographer and Co-related Service :

Part I – General

1. Short title and commencement.

(1)These rules may be called the Uttar Pradesh Prison Administration and Reforms Department Ministerial, Stenographer and Co-related Service Rules, 2007.
(2)They shall come into force at once.

2. Status of the Service.

- The Uttar Pradesh Prison Administration and Reforms Department Ministerial, Stenographer and Co-related Service is a non-gazetted Service comprising Group "C" posts.

3. Definitions.

- In these rules, unless there is anything repugnant in the subject or context,-
(a)"Act" means the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;
(b)"appointing authority" means the Director General of Prison Administration and Reforms Services, Uttar Pradesh;
(c)"citizen of India" means a person who is or is deemed to be a citizen of India under Part-II of the Constitution;
(d)"Commission" means the Uttar Pradesh Subordinate Services Selection Commission;
(e)"Constitution" means the Constitution of India;
(f)"Government" means the State Government of Uttar Pradesh;
(g)"Governor" means the Governor of Uttar Pradesh;
(h)"member of the Service" means a person substantively appointed under these rules, or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service;
(i)"other backward classes of citizens" means the backward classes of citizens specified in Schedule 1 of the Act, as amended from time to time;
(j)"service" means the Uttar Pradesh Prison Administration and Reforms Department Ministerial, Stenographer and Co-related Service;
(k)"substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules, and, if there were no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;
(l)"year of recruitment" means a period of twelve months commencing on the first day of July of a calendar year.

Part II – Cadre

4. Cadre of Service.

- (l) The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time.
(2)The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below :Headquarter Cadre
Serial No. Name of post Number of posts
Permanent Temporary Total
1. Senior Administrative Officer -- 01 01
2. Administrative Officer 01 -- 01
3. Office Superintendent 08 -- 08
4. Senior Assistant 23 01 24
5. Senior Clerk 22 -- 22
6. Junior Clerk/Typist 40 01 41
Jail Cadre
1. Senior Assistant (Central Jail) 05 -- 05
2. Senior Clerk 50 -- 50
3. Junior Clerk/Typist 109 10 119
Government Industrial Jail Depot
1. Manager Jail Depot 01 -- 01
2. Salesman 01 -- 01
Stenographer Cadre
1. Personal Assistant Grade-I 01 -- 01
2. Personal Assistant Grade-II 03 -- 03
3. Stenographer Grade-I 06 -- 06
4. Stenographer Grade-II 07 03 10
Provided that-
(i)the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or
(ii)the Governor may create such additional permanent or temporary posts as he may consider proper.

Part III – Recruitment

5. Source of recruitment.

- Recruitment to the various categories of posts in the service shall be made from the following sources :A-Office of the Director General of Prison Administration and Reforms Services, Uttar Pradesh(Headquarter Cadre)
(1)Senior Administrative Officer.-By promotion through the Selection Committee from amongst substantively appointed Administrative Officers who have completed one year service as such on the first day of the year of recruitment.
(2)Administrative Officer.-By promotion through the Selection Committee from amongst substantively appointed Office Superintendents who have completed two years service as such on the first day of the year of recruitment.
(3)Office Superintendent.-By promotion through the Selection Committee from amongst substantively appointed Senior Assistants who have completed two years service as such on the first day of the year of recruitment.
(4)Senior Assistant.-By promotion through the Selection Committee from amongst substantively appointed Senior Clerks who have completed two years service as such on the first day of the year of recruitment.
(5)Senior Clerk.-By promotion through the Selection Committee from amongst substantively appointed Junior Clerk/Typist who have completed two years service as such on the first day of the year of recruitment.
(6)Junior Clerk/Typist.-(i) Eighty per cent by direct recruitment.
(ii)Twenty per cent by promotion from amongst substantively appointed Group "D" employees in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group "C" Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 as amended from time to time.
B -Jail Cadre
(1)Senior Assistant (Central Jail).-By promotion through the Selection Committee from amongst substantively appointed Senior Clerks who have completed two years service as such on the first day of the year of recruitment.
(2)Senior Clerk.-By promotion through the Selection Committee from amongst substantively appointed Junior Clerk/Typist who have completed two years service as such on the first day of the year of recruitment.
(3)Junior Clerk/Typist.-(i) Eighty per cent by direct recruitment.
(ii)Twenty per cent by promotion from amongst substantively appointed Group "D" employees in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group "C" Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 as amended from time to time.
C-Government Industrial Jail Depot
(1)Manager Jail Depot.-By promotion through the Selection Committee from amongst substantively appointed Salesman and Storekeeper who have completed ten years service as such on the first day of the year of recruitment:Provided that if suitable persons are not available for promotion the post may be filled up by direct recruitment.
(2)Salesman.-By direct recruitment.D-Stenographer Cadre
(1)Personal Assistant Grade-I.-By promotion through the Selection Committee from amongst substantively appointed Personal Assistants Grade-II (Pay Scale Rs. 5,500-9,000) who have completed three years substantive service on the post of Personal Assistant, Grade-II or on an equivalent post in the Stenographer Cadre on the first day of the year of recruitment or who have completed a total fifteen years substantive service in the Stenographer cadre on the first day of the year of recruitment.
(2)Personal Assistant Grade-II.-By promotion through the Selection Committee from amongst substantively appointed Stenographers Grade-I (Pay Scale Rs. 5,000-8,000) who have completed five years substantive service on the post of Stenographer Grade-I or on an equivalent post in the Stenographer Cadre on the first day of the year of recruitment or who have completed a total twelve years substantive service in the Stenographer Cadre on the first day of the year of recruitment.
(3)Stenographer Grade-I.-By promotion through the Selection Committee from amongst substantively appointed Stenographers Grade-II who have completed seven years substantive service on the post of Stenographers (Pay Scale Rs. 4,000-6,000) on the first day of the year of recruitment.
(4)Stenographer Grade-II.-By direct recruitment.

6. Reservation.

- Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the provisions of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, as amended from time to time, and the others of the Government in force at the time of the recruitment.

Part IV – Qualifications

7. Nationality.

- A candidate for direct recruitment to a post in the service must be:
(a)a citizen of India; or
(b)a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(c)a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category (b) and (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year, shall be subject to his acquiring Indian Citizenship.Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

8. Academic qualification.

- A candidate for direct recruitment to the various categories of posts in the Service must possess the following qualifications :
  Name of post   Qualifications
(1) Junior Clerk/Typist (1) Must have passed the Intermediate Examinationof the Board of High School and Intermediate Education, UttarPradesh or an examination recognised by the Government asequivalent thereto.
    (2) Must possess a minimum speed of 25 words perminute in Hindi type-writing.Preferential: Knowledgeof English typewriting.
(2) Manager Jail Depot (1) Bachelor's Degree from a University establishedby law in India or a qualification recognised by the Governmentas equivalent thereto.
    (2) At least five years experience of sales work ina Firm or at sales centre of a Government Department as anindependent incharge.
    (3) Working knowledge of Hindi in Devnagri script.
(3) Salesman (1) Must have passed the Intermediate Examinationof the Board of High School and Intermediate Education, UttarPradesh or an examination recognised by the Government asequivalent thereto.
    (2) Atleast three year's experience of sales workin a Firm or a Government Department.
    (3) Working knowledge of Hindi in Devnagri script.
(4) Stenographer Grade-II (1) Must have passed the Intermediate Examinationof the Board of High School and Intermediate Education, UttarPradesh or an examination recognised by the Government asequivalent thereto.
    (2) Must possess a minimum speed of 80 words perminute and 25 words per minute in Hindi Shorthand and Hinditypewriting respectively.
    (3) Must have passed the Certificate Course inComputing (CCC) conducted by DOEACC Society or a Computer Courserecognised by the Government as equivalent thereto.
      Or
      Must have passed the Computer Course conductedby the Board of High School and Intermediate Education, UttarPradesh or a Course recognised by the Government as equivalentthereto.Preferential: Knowledge of English Shorthandand typewriting.

9. Preferential qualification.

- A candidate who has-
(i)served in the Territorial Army for a minimum period of two years, or
(ii)obtained a "B" certificate of National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment.

10. Age.

- A candidate for direct recruitment must have attained the minimum age and must not have attained the age more than the maximum age specified against the post in the table given below on the first day of July of the calendar year in which vacancies are advertised ;
Serial No. Name of the post Minimum Age Maximum Age
1 2 3 4
1. Junior Clerk/Typist 18 years 35 years
2. Salesman 18 years 35 years
3. Stenographer Grade-II 18 years 35 years
4. Manager Jail Depot 21 years 35 years:
Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.

11. Character.

- The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government Service. The appointing authority shall satisfy itself on this point.Note.-Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

12. Marital status.

- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service :Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.

13. Physical fitness.

- No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to produce a Medical Certificate of fitness in accordance with the rules framed under fundamental Rule 10, contained in Chapter III of the Financial Hand-Book, Volume-II, Part III :Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

Part V – Procedure For Recruitment

14. Determination of vacancies.

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

15. Procedure for direct recruitment.

(1)Application for permission to appear in the competitive examination shall be invited by the Commission in the form published in the advertisement issued by them.
(2)No candidate shall be admitted to the examination unless he holds a certificate of admission, issued by the Commission.
(3)After the results of the written examination have been received and tabulated, the Commission shall, having regards to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6, prepare a list of candidates who come up to the standard fixed by them in this respect.
(4)The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate at the written examination and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks in the examination, the Commission shall arrange their names in order of merit on the basis of their general suitability for the service. The Commission shall forward the list to the appointing authority.

16. Procedure for recruitment by promotion to the posts other than the post of Junior Clerk/Typist.

(1)Recruitment by promotion to the posts other than the post of Junior Clerk/Typist shall be made on the basis of the criterion laid in the Uttar Pradesh Government Servants Criterion for Recruitment by the Promotion Rules, 1994, as amended from time to time, through the Selection Committee constituted in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for Posts Outside the Purview of the Service Commission Rules, 1992, as amended from time to time.Note.-Nomination of Officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens in the Selection Committee shall be made in accordance with the order made under Section 7 of the Act, as amended from time to time.
(2)The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (On Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, as amended from time to time, and place the same before the Selection Committee along with their character rolls and such other records, pertaining them, as may be considered proper :Provided that where there are two or more feeding cadres-
(a)bearing different pay scales, the candidates belonging to the cadre bearing higher pay scale shall placed higher in the eligibility list,
(b)bearing same scale, the names of the candidates shall be arranged in the eligibility list in order to their date of substantive appointment in their respective cadres. But if the date of substantive appointment of two or more candidates is the same, then in such situation the candidate who is older in age shall placed higher in the eligibility list.
(3)The Selection Committee shall consider the cases of the candidates on the basis of the records, referred in sub-rule (2), and, if it considers necessary, it may interview the candidates also.
(4)The Selection Committee shall prepare a list of selected candidates in order of seniority as it stood in cadre from which they are to be promoted and forward the same to the appointing authority.

17. Procedure for recruitment by promotion to the post of Junior Clerk/Typist.

- Recruitment promotion to the post of Junior Clerk/Typist shall be made in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 amended from time to time.

18. Combined select list.

- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of the candidates from the relevant lists. As such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.Part-VI Appointment, Probation, Confirmation and Seniority

19. Appointment.

(1)Subject to the provisions of sub-rule (2), the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rules 15,17 or 18, as the case may be.
(2)Where, in any year of recruitment, appointments are to be made both by direct recruitment and promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 18.
(3)If more than one order of appointment are issued in respect of any one selection, a combined order should also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the order referred to in Rule 18.

20. Probation.

(1)A person on substantive appointment to a post other than the post of Administrative Officer in the Service shall be placed on probation for a period of two years and a person on substantive appointment to the post of Administrative Officer shall be placed on probation for a period of one year.
(2)The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted :Provided that, save in exceptional circumstances, the period of probation in respect of the posts other than the post of Administrative Officer shall not be extended beyond one year and in no circumstance beyond two years and period of probation in respect of the post of Administrative Officer shall not be extended beyond six months and in circumstance beyond one year.
(3)If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities he may be reverted his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.
(4)A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.
(5)The appointing authority may allow continuous service, rendered in an officiating or temporary capacity a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.

21. Confirmation.

(1)Subject to the provisions of sub-rule (2), a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-
(a)his work and conduct is reported to be satisfactory, and
(b)his integrity is certified.
(2)Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that the person concerned has successfully completed the probation shall be deemed to be the order of confirmation.

22. Seniority.

- The seniority of persons substantively appointed in any category of post's in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.

Part VII – Pay Etc.

23. Scales Of Pay.

(1)The Scales of pay Admissible To Persons Appointed To The Various Categories Of Posts In The Service Shall Be Such As May Be Determined By The Government From Time To Time.
(2)The scales of [pay] [See now Revised Pay Scale.] at the time of commencement of these rules are given as follows :
Serial No. Name of post Scale of pay
Headquarter Cadre
1. Senior Administrative Officer Rs. 6,500-200-10,500
2. Administrative Officer Rs. 5,500-175-9,000
3. Office Superintendent Rs. 5,000-150-8,000
4. Senior Assistant Rs. 4,500-125-7,000
5. Senior Clerk Rs. 4,000-100-6,000
6. Junior Clerk/Typist Rs. 3,050-75-3,950-80-4,590
Jail Cadre
1. Senior Assistant (Central Jail) Rs. 4,500-125-7,000
2. Senior Clerk Rs. 4,000-100-6,000
3. Junior Clerk/Typist Rs. 3,050-75-3,950-80-4,590
Government Industrial Jail Depot
1. Manager Jail Depot Rs. 4,500-125-7,000
2. Salesman Rs. 3,050-75-3,950-80-4,590
Stenographer Cadre
1. Personal Assistant Grade-I Rs. 6,500-200-10,500
2. Personal Assistant Grade-II Rs. 5,500-175-9,000
3. Stenographer Grade-I Rs. 5,000-150-8,000
4. Stenographer Grade-II Rs. 4,000-100-6,000

24. 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 same scale when he has completed one year of satisfactory service, has passed departmental examination and undergone joining, where prescribed, and second increment after two years service when he has completed the probationary period and is also confirmed.
(2)The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant fundamental rules.
(3)The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State.

Part VIII – Other Provisions

25. Canvassing.

- No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

26. Regulation of other matters.

- In regard to the matters not specifically covered by these rules or special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.

27. Relaxation from the conditions of service.

- When the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes under hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

28. Savings.

- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.