PUNJAB GOVT. GAZETTE. FEB 12, 1982,  9 MAGH 23, 1903 SAKA 103

 

GOVERNMENT OF PUNJAB

DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS

(PERSONNEL POLICIES BRANCH)

 

Notification

 

The 2nd February, 1982

 

No.  G.S.R.11/Const./Arts. 309,234 and 318/82.  - In exercise  of  the powers conferred by the proviso to Article 309 read with Articles 234 and 318 of the Constitution of India and all other powers enabling him in this behalf,  the Governor  of  Punjab is pleased to make the following rules regulating  the  re­cruitment of Ex-servicemen to the State Civil Services and Posts connected  with the affairs of the State of Punjab, namely:-

 

Short title and commencement. (1)  These rules may be called the Punjab Recruitment of Ex-servicemen Rules, 1982.

 

(2)        They shall come into force at once.

 

2.         Definitions - In these rules, unless the context otherwise requires 'Armed Forces of the Union' means the Naval, Military and Air Forces of the Union of India;

*(aa)     "lineal descendent" means sons/daughters married/unmarried/widowed/ legally divorced) of the re-employed/unemployed Ex-serviceman.

 

Explanation : In any case, including the case where the ex-serviceman has died, his sons/daughters shall be treated as "Lineal descendent" only if a certificate to this effect has been issued by the authority appointed by the Government;

 

*(aaa)    "Wife" shall include the widows of an ex-serviceman, provided she has not remarried up to the date of issue of the appointment letter,;

 

(b)        'direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of Government of India or of a State Government;

 

@(c)  "Ex-serviceman" means a person who has served in any rank, whether as a combatant or a non-combatant, in the Naval, Military and Air Forces of the Union of India (hereinafter referred to as the Armed Forces of the Union of India), and who has,-

 

(i)         retired or released from  such service at his or her own request after earning his or her pension;  or                                                                                             

 

(ii)         has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

 

(iii)        been released, otherwise than on his own request, from such service as a result of reduction in establishment;, or

 

(iv)        been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a gratuity; But does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and the Para Military Forces, but includes personnel of the Lok Sahayak  Sena of the following categories, namely:-

 

(i)         pension holders for continuous embodied service.

(ii)        persons with disability attributable to military service; and

(iii)                gallantry award winners.

-----------------------------------------------------------------------------------------------------------------------------------------*Substituted vide Notn. No. GSR 9/Const./Arts.309,234 amd 318/Amd(5)/2003 6.11.2002 @Substituted vide Notification dated 22.9.1992 and 2002  


Explanation. - The persons serving in the Armed Forces of the Union who on retirement from service would come under the category of 'Ex-serviceman' may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to Ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union: and

 

(d)        Government' means the Govt. of the State of Punjab.

(e)        Recognized University' means;

 

(i)         any University, incorporated by law in any of the States of India; or

(ii)         any University which is recognized by the Government for the purpose of the relevant service rules. "reserved vacancy' means a vacancy reserved under sub-rule (1) rule 4 for being filled in by the appointment of an ex-serviceman.

 

3.         Extent  of  Application.- These rules shall apply to  all  the  State Civil Services  and posts connected with the affairs of the  State  of  Punjab, except the  Punjab  Vidhan  Sabha Secretariat Service and  the  Punjab Superior Judicial Service.

 

4.         Reservation of Vacancies.(1)  Subject to the provision of rule 3, #13% of vacancies to be filled in by direct appointment in all the State Civil Serv­ices  and posts connected with the affairs of the State of Punjab shall be reserved for being filled in by recruitment of Ex-servicemen;

 (Note : As per Pb Govt. Letter No. 15/25/2001-4DW/1591 dated 21.05.2002, an Ex-serviceman is allowed the benefit of Reservation for the second time and even thereafter in subsequent recruitments in accordance with the provisions of these Rules).

 

##"Provided that where an Ex-serviceman is not available for recruitment against a reserved vacancy, such a vacancy shall be reserved to be filled in by recruitment of the wife or one dependent child of an Ex-serviceman, who has neither been recruitment against a reserved vacancy under these rules;

 

##"Provided further that the wife or the dependent child of the ex-serviceman shall be recruited against the reserved vacancy subject to the conditions that:-

 

(i)                   he or she possesses the prescribed qualifications and is within the prescribed age limits;

 

(ii)         he or she is not already in service;

 

(iii)                he or she will be eligible to avail the benefit only once in life:"

 

@#"Provided further that one grand Child of the Gallantry Award Winner shall be recruited against the reserved vacancy, in case the benefit or reservation has not been availed of by any of the children or dependents such winner or by the winner himself subject to the conditions specified in the second proviso;

 

Explanation: For the purpose of this proviso, Gallantry Award Winner includes the winner of the Paramvir Chakra, the Mahavir Chakra, the Vir Chakra, the Sena or Nao Sena or Vayu Sena Medal and Mention-in-Despatches."

                                                                        

$"Provided further that the total number of reserved vacancies including those reserved for the candidates belonging to the SCs, STs and BCs shall not exceed fifty of the posts to be filled in a particular year."

 

(2)        Where a reserved vacancy remains unfilled for non availability of a $(person eligible for recruitment under these rules) such vacancy may be filled in, temporarily from any other source in accordance with the rules.-

 

regulating the recruitment and the conditions of service of persons appointed to such posts as if the vacancy was not reserved; Provided that the reserved vacancies filled in shall be carried forward for the subsequent occasions $$(arising during at least 2 years in each of which such occasion arises for recruitment) where after the vacancy in question shall be treated as un-reserved.

--------------------------------------------------------------------------------------------------------------------------------   

**Added vide Notification dated 22.9.1992.

#Amended vide Notification dated 6.11.2002.

##Added vide Notification dated 22.9.1992

@#Added vide Notification No.2/42/96-4DW/1964 dated 2nd September 1998.

 

5.         Appointment through competitive examination.  Notwithstanding anything contained in the concerned service Rules, in case an appointment to any post governed by these rules is made through competitive examination;-

 

(i)         the maximum chances to be given to any ex-serviceman for appearing in the said examination shall not exceed three; and

 

(ii)         the Ex-serviceman shall not be required to appear in the optional subject, if any, specified for that examination.

 

6.***Age - For recruitment to any vacancy in the State Civil Services whether reserved  or not under these rules an ex-serviceman shall be allowed  to deduct the  period of his service in the Armed Forces of the Union from his actual  age and  if the resultant age does not exceed the maximum age limit prescribed  for direct  appointment  to such a vacancy in the concerned Service Rules,  by  more than 3 years, he shall be deemed to satisfy the condition regarding age limit.

 

7.         Educational qualifications and Experience - (1)  No person shall be eligi­ble  for  recruitment  to a reserved vacancy, unless he  possesses  the minimum educational  qualifications  and experience if any prescribed by the Govt.  for direct appointment to such a vacancy in the concerned Service Rules;

 

$$$Provided that for appointment to Class III posts or Class IV services, against a reserved vacancy, an Ex-serviceman who is a Matriculate or who has obtained the Indian Army Special Certificate of Education or the corresponding certificate of the Naval or Air Forces and who has put in not less than fifteen years of service in the Armed Forces of the Union, shall be considered eligible for appointment to that post for which the essential qualifications prescribed for recruitment by direct appointment in the relevant service rules, is Graduation of a recognized University, and where-

 

            (a)  technical or non-technical working experience is not essential; or

 

(b)  the vacancy being non-technical, working experience has been  prescribed as essential in the relevant service rules, but the appointing authority is satisfied that the ex-serviceman is expected to perform the duties by undergoing training for a short duration on the job;

Provided further that for appointment against a reserved vacancy, an ex-serviceman who has passed the Indian Army Class I Examination or equivalent examination of the Naval or Air Force and who has put in at least fifteen years of service in the Armed Forces of the Union, shall be considered eligible for appointment to that post for which essential educational qualifications prescribed for recruitment by direct appointment in the relevant service rules, is Matriculation;

 

8.         Pay.-  The pay of an Ex-serviceman appointed against a reserved vacancy shall be  fixed in accordance with the provisions of Chapter VII of the Punjab  Civil Services Rules, Volume II.

           

$$8-A, Increments and pension – Period of military service rendered during the First National Emergency from 26th October, 1962 to 9th January, 1968 shall count for increments and pension as under :-

 

(i)         Increments -     The period spend by a person on military service (restricted to emergency period from 26th October, 1962 to 9th January, 1968) after attaining the minimum age prescribed for appointment to any service or post, to which he is    appointed, shall count for increments. Where no such minimum age is prescribed the minimum age shall be as laid down in Rules 3.9, 3.10 and 3.11 of the Punjab Civil Services Rules Volume II. This concession shall however, be admissible only on first appointment.

 

(ii)         Pension -         The period of military service mentioned in clause shall count toward pension only in the case of appointments to permanent services of posts, subject to the following conditions:-

(1)        The person concerned should not have earned a pension under military             rules in respect of the military service in question.

            Any bonus or gratuity paid in respect of military service by the defence   authorities shall have to be refunded to the State Government.

------------------------------------------------------------------------------------------------------------------------------

$Amended vide Notn No. GSR 45/Consts/Art.309/Amd(2)84 dated 30.4.1984

$$Amended vide Notification dated 30.4.1984.

***Amended vide Notification dated 30.4.1984.

$$$Substituted vide Notn dated 22.9.1992

 

(3)        The period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding         one year but not exceeding three years may also be      allowed to count for pension in exceptional cases under the orders of the Government.

 

This benefit shall be applicable to all those who were appointed in Government   services before or after 11th February, 1982.”

($$Added vide Govt. Notn No. GSR 38/Const.Art.309,234 & 318/Amd(7)2004 dt 8th June 2004)

 

 

&&“8-B, Increments and pension – Period of military service rendered during the Second National Emergency from 3rd December, 1971 to 25th March, 1977, shall count for increments and pension as under :-

 

(a)        Increments -     The increments for the aforesaid service shall be paid to those persons only, who joined and rendered service during the aforementioned period.  This benefit will, however, be given only at the time of making first appointment on regular basis on a civil post or service under the Government.  However, these increments will be taken into account when the pay of a person is subsequently fixed on account of his promotion, selection, new recruitment or revision of pay scale or otherwise;

 

(b)        Pension -         The period of military service, referred to above, shall count towards pension only in case of an appointment to a permanent post under the Government, subject to the following conditions namely:-

 

(i)         The person concerned should not have earned a pension under military rules in respect of the military service in question;

 

(ii)         Any bonus or gratuity paid in respect of military service by the defence   authorities shall have to be refunded to the State Government, and;

 

(iii)        The period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall             count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed to count for           pension in exceptional cases under the orders of the Government.

 

(&&Added vide Govt. Notn No. GSR 47/Const.Art.309,234 & 318/Amd(8)2009 dt 15th October 2009)

 

 

9.         General.  (1)  In matters not specifically provided for in these rules, a person appointed against a reserved vacancy, shall be governed by the concerned Service Rules. (2)  All concerned Service Rules shall be subject to the provisions of these rules and the said rules shall be constructed accordingly.

 

(3)  Nothing in these rules shall be constructed as depriving any person to whom these rules apply of any right which had accrued to him under the rules, notifications or orders in force immediately before the commencement of these rules.

 

10.        Repeal. -  The following rules are hereby repealed:-

 

1.         The Punjab Government National Emergency (Concessions) Rules 1965.

 

2.         The Demobilized Armed Forces Personnel (Reservation of vacancies in the Punjab State Non Technical Services) Rules,1968;

     

3.         The Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Services, Executive Branch) Rules, 1972.

 

4.         The Released Indian Armed Forces Personnel (Determination of Eligibility for promotion) Rules, 1977.

               

 

    Chief Secretary to Govt. Punjab

 

                                     















































































































































































































































































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