U.P. Deputy Directors (Panchayat) Service Rules, 1992

U.P. Deputy Directors (Panchayat) Service Rules, 1992 1. Short title and commencement. 2. Status of service. 3. Definitions. 4. Cadre of the service. 5. Source of Recruitment. 6. Reservation. 7. Determination of vacancies. 8. Procedure for recruitment by promotion. 9. Appointment. 10. Probation. 11. Confirmation. 12. Seniority. 13. Scale of Pay. 14. Pay during Probation. 15. Canvassing. 16. Regulation of other matters. 17. Relaxation from the conditions of service. 18. Savings.

The U.P. Deputy Directors (Panchayat) Service Rules, 1992

Published vide Notification No. 4471/33-1-92-80-92, dated 19-10-92

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In 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 Deputy Directors (Panchayat) Service :

Part I

General

1. Short title and commencement.- (1) These rules may be called The Uttar Pradesh Deputy Directors (Panchayat) Service Rules, 1992.

(2) They shall come into force at once.

2. Status of service.- The Uttar Pradesh Deputy Directors (Panchayat) Service is a State Service comprising Group 'A' posts.
3. Definitions.- In these rules, unless there is anything repugnant in the subject or context:

(a) "Appointing authority" means the Governor;

(b) "Commission" means the Uttar Pradesh Public Service Commission ;

(c) "Governor" means the Governor of Uttar Pradesh:

(d) "Government" means the State Government of Uttar Pradesh ;

(e) "Service" means the Uttar Pradesh Deputy Directors (Panchayat) Service:

(f) "member of the service" means a person substantively appointed under these rules or orders in force prior to the commencement of these rules to a post in the service;

(g) "Substantive appointment" means an appointment, not being an 'ad hod' appointment, on a post in the cadre of the service, made after selection in accordance with the rules and if there are no rules in accordance with the procedure prescribed for the time being by executive instruction issued by the Government;

(h) "year of recruitment" means a period of twelve months commencing from the first day of July of calendar year.

Part II

Cadre

4. Cadre of the service.- (1) The strength of the Service shall be such as may be determined by the Government from time to time.

(2) The strength of the service shall, until orders varying the same are passed under sub-rule (1), be as given below:

Provided that:

(1) The appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation ;

(2) 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 post of Deputy Director (Panchayat) in the service shall be made by promotion from amongst substantively appointed District Panchayat Raj Officers who have completed seven years service, as such, on the first day of the year of recruitment.
6. Reservation.- Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.

Part IV

Procedure for Recruitment

7. Determination of vacancies.- The appointing authority shall determine the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under rule 6.
8. Procedure for recruitment by promotion.- (1) Recruitment by promotion to a post in the service shall be made on the basis of seniority subject to the rejection of unfit through a Selection Committee to be constituted in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee (For posts outside the purview of Service Commission) Rules, 1992.

(2) The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (For Posts outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, and place the same before the Selection Committee along with their character rolls and such other record pertaining to them, as may be considered proper.

(3) The Selection Committee shall consider the cases of the candidates on the basis of the records, referred to in sub-rule (2) and if it considers necessary it may interview the candidates also.

(4) The Selection Committee shall prepare list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority.

Part V

Appointment, Probation, Confirmation and Seniority

9. Appointment.- (1) The appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the list prepared under sub-rule (4) of rule 8.

(2) If more than one orders of appointment arc issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as it stood in the cadre from which they are promoted.

10. Probation.- (1) A person appointed substantively to a post in the service shall be placed on probation for a period of two years.

(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 shall not be extended beyond one year and in no circumstance beyond two years.

(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 or has otherwise failed to give satisfaction, he may be reverted to his substantive post.

(4) A probationer who is reverted under sub-rule (3) shall not be entitled to any compensation.

(5) The appointing authority may allow continuous service rendered in 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.

11. Confirmation.- The order issued by the appointing authority under sub-rule (3) of rule 5 of the Uttar Pradesh State Government Servants' Confirmation Rules, 1991, declaring that the probationer has successfully completed the probation shall be deemed to be the order of confirmation.
12. Seniority.- The seniority of persons substantively appointed to the post shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.

Part VI

Pay Etc.

13. Scale of Pay.- (1) The scale of pay admissible to a person appointed to a post in the service shall be such as may be determined by the Government from time to time.

(2) The scale of pay at the time of the commencement of these rules is given as follows :

14. Pay during Probation.- (1) Notwithstanding any provision in the Fundamental Rules, to the contrary a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, and second increment after two years service when he has completed the probationary period and is also confirmed :

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

(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 :

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

(3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally serving in connection with the affairs of the State.

Part VII

Other Provisions

15. Canvassing.- No recommendation 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.
16. Regulation of other matters.- In regard to matters not specifically covered by these rules or by special orders, the 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.
17. Relaxation from the conditions of service.- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rule 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.
18. 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.