Section 23 in Haryana Service of Engineers, Group A, Irrigation and Water Resource Department Act, 2010
23. Repeal and savings.
- The Haryana Service of Engineers, Class 1, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) respectively Act, 1995 (20 of 1995), in its application to the Irrigation Branch, now [Irrigation and Water Resource Department] [Substituted ' Irrigation Department' by Haryana Act No. 3 of 2019, dated 17.1.2019.], is hereby repealed:Provided that such repeal shall not affect -(a)[ the person who became member of Service before the 25th October, 2010 shall be governed by the provisions of the Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) Respectively Act, 1995 (20 of 1995) till his retirement.] [Substituted by Haryana Act No. 3 of 2019, dated 17.1.2019.](b)any disciplinary action or proceedings initiated or pending under the Act so repealed;(c)any relaxation in qualifications granted to any member of the Service under the Act so repealed;(d)the benefits availed of by the persons who have retired from service during the period commencing from the 1st day of November, 1966 and ending with the date of publication of this Act in the Official Gazette;(e)the qualifications of persons already recruited and of those for whom the process of recruitment has been initiated under the Act so repealed;(f)the officers already promoted,and the Punjab Service of Engineers, Class I, Public Works Department (Irrigation Branch) Rules, 1964 shall continue to be in force as if the same had not been repealed for the persons who were members of the Service before the 1st day of November, 1966.Appendix A[See section 3(1)]The cadre strength of the Service shall be determined each year for Civil, Mechanical, Computer and Electrical cadre separately in the following manner: -The number of posts shall be calculated as under: -(a)first add -(1)permanent posts [three years and over posts, i.e. posts which have existed continuously for three years or more prior to the first day of January];(2)notional posts to be determined as follow: -(i)enumerate posts which have existed during the last three years, preceding the first day of January, detailing the number of months for which they have existed; all periods of 15 days or above counted as a whole month;(ii)add the total number of months computed at (i) above;(iii)divide (ii) by 36 to the nearest whole number to obtain the number of notional posts to be included;(3)deputation posts [these shall be equivalent to the number of officers on deputation, whether in the State or outside, on the first day of January];(b)to the total of items (1), (2) and (3) (to be called 'X'), further add seven and a half percent of 'X' as leave reserves (the total thus arrived to be called 'Y');(c)the cadre strength shall, for the year in question be 'Y' minus fifteen per cent of 'Y' calculated to the nearest whole number. The balance of 'Y' minus cadre posts as calculated above shall represent ex-cadre posts:Provided that -(i)the number of cadres posts for the year in no case be less than the number of officers confirmed against such posts;(ii)where as a result of the application of clause (i) of the proviso, the number of senior cadre posts becomes larger than the number worked out, the excess number shall be reduced as and when confirmed officers retire, or leave the Service otherwise;(iii)the number of ex-cadre senior posts corresponding to the excess number, if any arrived at under clause (i), shall be reduced.Explanation. - The Government shall not appoint officers against ex-cadre posts except to the extent that divisional or higher posts exist at any given time;(d)of the senior posts thus determined, the number of cadre posts of Superintending Engineers and above shall be determined from time to time by the Government in consultation with the Finance Department. All other senior cadres posts shall be in the rank of Executive Engineer:Provided that there may be ex-cadre posts of Executive Engineer or of higher ranks depending upon the actual requirements of the Department.
