THE SIKKIM STATE DIRECT RECRUITM

THE SIKKIM STATE DIRECT RECRUITMENT (SPECIAL PROVISIONS) RULES, 2008

[Notified vide Department of Personnel Administrative Reforms and Training Notification No. 137/Gen/DOP dated 08.072008.]

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In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim hereby makes the foloow8ng rules regulating the direct recruitment to the posts under different services in connection with the affairs of the State, namely,-

1. Title and commencement.-

(1) These rules may be called the Sikkim State Direct Recruitment (Special Provisions) Rules 2008.

(2) They shall come into force at once.

2. Definitions.-In these rules, unless the context otherwise requires,

(a) "Authority" means the State Government through the Secretary In-charge of the Department of Personnel or such other department as the case may be;

(b) "direct recruitment" means any recruitment to posts, for which applications are invited from fresh candidates and may also include such other category of candidates as may be indicated in such notification for direct recruitment;

(d) "Government" means the Government of Sikkim;

(e) "relaxation" means such relaxation in matters of direct recruitment for such category of posts as may be specified in any notification for recruitment and includes relaxation in roster points, age, qualification or experience, etc. to such extent as may be feasible;

(f) "temporary employee" means an employee working temporarily either as ad-hoc or on muster roll or work charged or as substitute or on contract or on daily wages or on consolidated pay or on co- terminus basis, etc;

(g) "test" means and includes oral or written examination for recruitment or both under these rules.

3. Special provisions for direct recruitment.-

(1) Notwithstanding anything contained in any other rule for the time being in force, in direct recruitment to posts under different categories of services in the State Government, there may be allowed such relaxation in matters of eligibility criteria for temporary employees, if any, in the Government Department as may be considered expedient:

Provided that such relaxation may not be granted as a matter of rule but only to allow candidates wqith experience and expertise gained during such temporary employment in a job to be able to compete subject to their being found fit in all other respects:

Provided further that relaxation may be allowed only in those cases wherever it is found feasible and it shall not be allowed or resorted to in respect of posts requiring specific technical qualification or physical standard.

(2) Temporary employees in a Department, if any, subject to their having qualified in the test/interview, will be considered for selection to such number of posts in the concerned department as may be found suitable having regard to their performance in test or in interview including their overall assessment and proficiency:

Provided that while considering them for selection to the posts to be filled up, it shall not exceed beyond 50% of the total ffi1mber of such vacant posts:

Provided further that where there is only one post in a department to be filled up by direct recruitment, in all such cases, the concerned department shall obtain approval from the appropriate authority for filling up of the post through test from amongst the temporary employees of the concerned department, if any, under the provisions of these rules.

(3) In all such direct recruitments, the State Government through the concerned department may make such relaxation well in advance in matters of eligibility criteria for the purpose of applying for direct recruitment and in consideration of the performance of such temporary employees in the test/interview, selection shall be made for the posts in the concerned department accordingly. -

(4) A temporary employee, if any, working in a department will be eligible for applying in respect of post to be filled up by direct recruitment in the same Department in which he or she is working in the same category of post and will be considered for selection subject to their being found eligible, fit and successful in the test under the provisions of these rules.

4. Rules not in derogation to other Rules.- These rules shall not be in derogation to, but supplemental to, the rules governing various services in the State and the Sikkim Government Establishment Rules, 1974.

5. Power to interpret.-

(1) If any question arises as to the interpretation of these rules, the same may be decided by the Government duly obtaining legal advice.

(2) The Government may also issue instruction or office memorandum from time to time for the purpose of smooth implementation of these rules.

(C.L. Sharma)

Special Secretary,

Department of Personnel, Administrative Reforms and Training

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Government of Sikkim instructions.-

WHEREAS the State Government has in exercise of the powers conferred by proviso to Article 309 of the Constitution of India framed rules regulating the mode and method of recruitment and conditions of service to different posts or services in connection with the affairs of the State;

AND WHEREAS the fact of the need and requirement of such temporary engagement by the Government has also been recognized by the Hon'ble Supreme Court of India in its judgment rendered in Appeal (Civil) 3596-3612 of 1999 -Secretary, State of Karnataka and others Vs. Uma Devi and others vide its judgment dated 10.4.2006.

AND WHEREAS in exigencies of service, the State Government is necessarily required to employ persons temporarily either on daily wages or otherwise to meet the administrative requirements, a mode of appointment not prohibited constitutionally or even otherwise in terms of the existing rules.

AND WHEREAS the State Government have been from time to time engaging persons on temporary basis in different categories and such persons have continued in some cases for long period and have gained experience and expertise in their concerned area of duties related to their respective positions and have been rendering yeoman's service with competence benefiting the Government and therefore public interest immensely.

AND WHEREAS considering the length of service rendered by the persons in temporary employment, their past experienced and in view of their having become dependent upon the service as their sole means of sustenance and on equitable considerations, the Government had been regularizing service of such persons in the past by resorting to the method of regularisation by relaxing the relevant recruitment rules, a method which was then permissible in terms of various judgments of the Supreme Court.

AND WHEREAS the Hon'ble Supreme Court of India in the judgment in the case of Uma Devi (supra) has over-rules all judgments permitting such regularisation and thereby rendering such method of recruitment as being not in conformity with law.

AND WHEREAS the State Government having considered the legal position now obtaining by the aforesaid judgment and at the same time also considered the plight of the temporary government servants in the light of the principles of justice, equity and good conscience and the benefit that would accrue to the Government by giving an opportunity of allowing such temporary employees to compete with other candidates and if successful to be considered for selection on merit while recruitment to any service or category or post is made so as to derive the benefit of experience and expertise gained by such temporary employees.

NOW THEREFORE in exercise of the power conferred by sub-rule (2) of rule 5 of Sikkim State Direct Recruitment (Special Provisions) Rules, 2008, the State Government is hereby pleased to issue the following instructions:-

1. While making direct recruitment to any service or post in . department, 50% of the existing vacancies shall be filled up from amongst the temporarily engaged employees, if any, of the concerned Department and shall not in any case be in excess of 50% (fifty percent) of the total number of posts in the direct recruitment quota:

Provided that where there is only one post in a department to be filled up by direct recruitment, in al) such cases the concerned department shall obtain approval from the appropriate authority for filling up of the post through test from amongst the temporary employees of the concerned department, if any, under the provisions of the rules referred hereinabove.

2. While considering the relaxation, if any, in matters of eligibility criteria for the post in respect of such temporary employees, it has to be clearly spelt out or indicated in the notification or advertisement inviting application from the candidate for filling of the post.

3. While considering relaxation for such temporary employees, normally as a matter of rule the roster point has to be followed, but if adherence to roster point creates administrative difficulty in matters of the process of consideration for selection of successful temporary employees, in that event the authority may not, to the extent possible, adhere to roster point as if relaxation have been allowed for the same to that extent. However, final specific approval have to be obtained by the concerned Administrative Department in advance before publication of the advertisement or notification inviting applications for such recruitment along with indicating the nature and extent of relaxation.

4. This memorandum may be treated as an aid in the part of process of implementation of the relevant rules as the case may be. Accordingly in respect of any direct recruitment, as may be notified, the fact of consideration to the extent of fifty percent (50%) of the post to be given to temporary employees, subject to their being found fit, in all respect and have qualified in the test/interview, are to be clearly indicated in the advertisement including the eligibility criteria for such temporary employees.

5. Relaxation, if any, is to be decided by the concerned Department in advance in respect of temporary employees but relaxation shall not be as a matter of rule allowed or resorted to in respect of post requiring specific technical qualification. Relaxation may ordinarily be allowed in respect of general matters like age, general qualifications, period of experience, if any etc.

6. If any question arises as to the interpretation of this office memorandum, the same may be decided by the Government after obtaining legal advice.

(C.L. Sharma)

Special Secretary,

Department of Personnel, Administrative

Reforms and Training