PUNJAB GOVT. GAZETTE. FEB 12, 1982,
9 MAGH 23, 1903 SAKA 103
GOVERNMENT OF
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
(2)
They shall come into force at once.
2. Definitions - In
these rules, unless the context otherwise requires 'Armed Forces of
the
*(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
(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
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
4.
The Released Indian Armed Forces Personnel (Determination of
Eligibility for promotion) Rules, 1977.
Chief Secretary
to Govt. Punjab
