Service Rules

GOVERNEMNT OF SIKKIM
ESTABLISHMENT DEPARTMENT
GANGTOK

NO: 25 /Gen/Est Dated Gangtok17th August 1994

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following rules, namely:

SHORT TITLE AND COMMENCEMENT:
1. These rules may be called Sikkim State Animal Husbandry and Veterinary Service Rules 1994.
2. They shall come into force on and from the date of their publication in the Official Gazette.
DEFINITION:
In these rules, unless the context otherwise requires:
1. “Appointed day” means the day on which these rules come into force;
2. "Commission” means the Sikkim Public Service commission;
3. “Cadre post” means any post, whether permanent or temporary, included in Schedule I;
4. “Controlling authority” means the Department of Personnel, AR and Training in the Government;
5. “Government” means the Government of Sikkim;
6. “Governor” means the Governor of Sikkim;
7. “Member of the service” means a person appointed to the Sikkim State Animal Husbandry and Veterinary Service under these rules;
8. “Organisation” means a Company, Association or Body whether incorporated or not, whether owned by the Government or not;
9. “Service” means “Services” means the Sikkim State Animal Husbandry and Veterinary Service;
10. “Schedule” means the Schedule appended to these rules;
11. “Year” means the financial year commencing on the 1st day of April and ending on 31st day of March next following.
CONSTITUTION OF SERVICE:
1. There shall be constituted the Services called the Sikkim State Animal Husbandry and Veterinary Service.
2. The Services shall consist of the posts in different grades as indicated in Schedule I..
3. The composition and strength of the Service shall be as indicated in columns 2 and 3 of Schedule I at its initial constitution and shall be as determined by the Governor from time to time.
4. On the appointed day, the scale of pay admissible to the members of Service shall be as shown in column 4 of Schedule I.
5. The Governor may, by an order, hold any of the cadre post in abeyance and create a higher or lower post in lieu thereof for such period of periods as may be specified in the such order.
APPOINTMENTS AND POSTINGS:
1. All appointments to the cadre posts shall be made by the Governor by one or other of the methods specified in rules 5 and 6.
  Provided that any cadre post may be filled as a temporary measures by a person from another department of the Government having the requisite qualification and experience on deputation if the Government is satisfied that there is no suitable member of the Service available for filling the post.
  Provided further that the Government shall have the right to fill up any cadre post by obtaining officers of similar Service on deputation from the Central or other State Governments for any period of time.
2. A member of Service may, in public interest, be posted by the Government to any cadre post under the Government outside the Service or under any other Government or under a company, association or body, whether owned by the Government or not, on such terms and conditions as may be specified by the Government.
  Provided that no member of Service shall be construed by Government except with his consent.
INITIAL CONSTITUTION OF THE SERVICE:
1. All persons holding, on the appointed day, any of the cadre the cadre posts otherwise than as a purely temporary arrangement or on contract or on deputation from Central or any other State Governments shall be deemed to have absorbed in the Service on the appointed day.
  Provided that any such person may, within sixty days of the appointed day, exercise, in writing to the Controlling Authority an option not to be absorbed in the Service and option once exercised shall be final.
  Provided further that failure to exercise the option aforesaid within the specified period shall be construed as the exercise of option in favour of absorption in the Service.
2. Any officer who is initially appointed in the Animal Husbandry and Veterinary Services Department in any of the posts specified in Schedule I but on the appointed day is working in any other department of the Government may exercise option for induction into the Service at its initial constitution within sixty days from the appointed day.
3. Such of the officers opting out of the Service shall continue to hold the posts which they were holding on the appointed day till such time as the Government take a decision in respect of such officers. Such officers shall nave no claim for seniority or promotion in the Service and the posts held by them shall be deemed to have been excluded from the Service so long as they hold the said post.
METHOD OF RECRUITMENT:
Subject to proviso to rule 4 any vacancy arising in the Service after the appointed day shall be filled in the manner provided in Schedule II.
RECRUITMENT BY SELECTION/COMPETITIVE EXAMINATION:
1. A competitive examination or selection or interview for recruitment to the Service shall be held at such intervals as the Government may, from time to time, determine.
2. The examination or interview, as the case may be, shall be conducted by the Commission in accordance with such rules and syllabus as the Government may from time to time make.
3. Of the number of vacancies to be filled up on the results of each examination or selection, there shall be reservation in favour of candidates belonging to Schedule Castes, Scheduled Tribes to the extend and subject to the conditions as the Government may, from time to time prescribe.
4. Subject to sub-rule 3, the commission shall forward to the Government a list arranged in order of merit of the candidates who have qualified by such standards as the commission may determine.
5. The inclusion of a candidate’s name in the list prepared under sub-rule 4 shall confer no right to be appointed to the Service.
CONDITIONS OF ELIGIBILITY FOR APPEARING AT THE COMPETITIVE EXAMINATION:
In order to be eligible to compete at the competitive examination or selection or interview, a candidate must
1. satisfy
  1. the conditions prescribed in the Schedule II;
  2. any other conditions that may be specified by the Government; and
2. must pay the fees, if any, prescribed by the Commission.
ATTEMPT AT THE EXAMINATION:
No candidate shall be permitted to compete more than three times at the competitive examination or interview
Note: A candidate shall be deemed to have competed at the examination if he actually appears in any one or more subjects.
DISQUALIFICATION FOR ADMISSION TO EXAMINATION:
Any attempt on the part of the candidate to obtain support for his candidature by any means shall render himself liable to be disqualified for admission to the competitive examination by the Commission.
COMMISSION’S DECISION FINAL:
The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination or interview shall be final. A candidate whom a certificate of admission to the examination or interview has not been issued by the Commission shall not be admitted to the examination or interview.
APPOINTMENT FROM THE LIST:
Subject to the provision of rule 13,14 and 15, candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list prepared under rule 7.
DISQUALIFICATION FOR APPOINTMENT ON GROUND OF PLURAL MARRIAGE:
No person
1. who has entered into or contracted marriage with a person having a spouse living, or
2. who, having a spouse living, has entered into or contracted a marriage with any person;
  shall be eligible for appointment to the Service:
  Provided that the Government may, if satisfied that such marriage is permissible under the personal law or custom applicable to such person and the other party to the marriage, exempt such person from the operation of this rule.
PENALTY FOR IMPERSONATION, ECT.
A candidate, who is or has been declared by the Commission guilty of impersonation or of submitting false or fabricated documents which have been tempered with or of making statements which are incorrect or false or suppressing material information or of using or attempting to use unfair means in the examination hall or otherwise resorting to any other irregular or improper means for obtaining admission to the examination may, in addition to rendering himself liable to a criminal prosecution, be debarred either permanently or for a specified period-
1. by the Commission from admission to any examination or appearance at any interview held by the Commission for selection of candidates; and
2. by the Government from employment under the Government.
DISQUALIFICATION FOR APPOINTMENT ON MEDICAL GROUND:
No candidate shall be appointed to the Service who, after such medical examination, as the Government may specify, is not found to be physically and mentally fit and free from any mental or physical defect likely to interfere with the discharge of the duties of the Service.
RECRUITMENT BY PROMOTION:
1. he Government shall, from time to time, for the purpose of promotion to the Service, prepare a list of names of persons in order of seniority who have, on the first day of that year, completed the required length of service in a post or Grade mentioned in Schedule II and who fulfils all the conditions prescribed therein.
2. The Government shall forward to the Commission the list of persons referred to in sub-rule (1) of this rule together with their character rolls and service records of the period such persons have to complete to become eligible for promotion alongwith uptodate annual property returns, indicating the anticipated number of vacancies to be filled by promotion in course of period of twelve months commencing from the date of preparation of the list.
3. The number of candidates to be included in the list prepared under sub-rule (1) shall be five times the number of vacancies anticipated.
  Provided further that such restriction shall not apply where the number of eligible persons is less than the maximum permissible number, and in such a case the names of all the eligible persons shall be forwarded.
4. The Commission shall prepare a final list of persons who a re found to be suitable for promotion to the service on an overall relative assessment of their service records including annual confidential reports and limited departmental competitive examination held by the Commission in accordance with the scheme and syllabus prescribed by the Government.
5. The number of persons to be included in the final list shall not exceed twice the number of vacancies to be filled by promotion.
6. The commission shall forward the final list prepared under sub-rule 4 to the Government alongwith all the character rolls, service records and annual property returns received from the Government.
7. The list shall ordinarily be in force for a period of twelve months from the date of recommendation of the Commission.
8. Appointment by promotion of persons included in the final list to the Service shall be made by the Government in the order in which the names of persons appear in the list for the time being in force.
9. It shall not ordinarily be necessary to consult the Commission before such appointments are made unless during the period intervening between the inclusion of the names of the persons in the list and the date of the proposed appointment there occurs a deterioration in the work of the person, which in the opinion of the Government, is such as to render him unsuitable for appointment to the Service.
PROBATION:
1. Every person recruited to the Service by direct recruitment shall be appointed to the Service on probation for a period of two years.
2. Every person recruited to the Service by promotion shall be appointed to the Service on probation for a period of one year.
3. The Government may, if it so thinks fit in any case or class of cases, extend the period of probation by a period not exceeding two years.
DISCHARGE OF A PROBATIONER:
A probationer shall be liable to be discharged from the Service or, as the case may be, reverted to his substantive post, if
1. he fails to pass the departmental examination; or
2. the Government is satisfied that the probationer was ineligible for recruitment to the Service or is unsuitable for being a member of the Service; or
3. the is found lacking in qualities of mind and character needed for the Service or in the constructive outlook and human sympathy needed in the public services generally; or
4. he fails to comply with any of the provisions of these rules.
EXECUTION OF AGREEMENT:
A probationer, who has been recruited to the Service by direct recruitment shall, on appointment to the Service, execute an agreement in the form as may be prescribed by the Government binding himself and one surety, jointly or severally, in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Government to refund any money paid to him consequent on his appointment as probationer.
TRAINING:
A probationer, who is appointed to the Service, shall, on appointment to the Service, undergo such training and for such period as the Government may direct.
DEPARTMENTAL EXAMINATION:
Every probationer, who has been appointed to the Service shall, during the period of probation, appear and pass the prescribed Departmental Examination.
CONFIRMATION:
Where a probationer completes his period of probation to the satisfaction of the Government he shall, subject to the other provision of these rules, be confirmed in the Service at the end of his period of probation.
Promotion from the one grade to another in the Service:
1. For any cadre post to be filled by promotion there shall be a Selection Committee consisting of the following:
  1. Chairman, Sikkim Public Service Commission;
  2. Member, Sikkim Public Service Commission;
  3. Secretary to the Government in the Personnel, Administrative Reforms & Training Deptt.;
  4. Secretary to the Government in Animal Husbandry and Veterinary Services Department;
  5. Principal Director Animal Husbandry and Veterinary Services Department.
2. The Chairman or where the Chairman is unable to attend, the Member of the Commission shall preside over the meeting of the Committee. The absence of a member, other than the Chairman or the Member of the Commission, shall not invalidate the proceedings of the Committee if more than half the members of the Committee has attended its meeting.
3. The Government shall, from time to time, for the purpose of sub-rule 1 prepare a list of names of the members of the Service in order of seniority who have completed the prescribed length of service for promotion to the next higher grade on the first day of that year.
4. The Government shall forward to the Commission the list prepared under sub-rule (3) alongwith the character rolls and service records of the periods, the member of the Service has to complete to become eligible for promotion together with uptodate annual property returns, indicating the anticipated number of vacancies to be filled by promotion ion course of period of twelve months commencing from the date of preparation of the list.
5. The Commission after satisfying themselves that the records and the informations complete in all respect have been received, shall convene a meeting of the Committee. The Committee shall prepare a final list of the officers who are found suitable for promotion on an overall relative assessment of their confidential reports and service records.
6. The number of persons to be included in the list shall not exceed twice the number of vacancies to be filled by promotion.
7. The Commission shall forward the final list prepared under sub-rule (5) to the Government alongwith character rolls and service records received from the Government.
8. The list shall ordinarily be in force for a period of twelve months from the date of the recommendation of the Commission.
9. Promotion of the persons included in the list to the relevant higher grade shall be made by the Government against the existing vacancies in the order in which their names appear in the list.
10. It shall not ordinarily be necessary to consult the Commission before such promotion is unless during the period of twelve months from the date of recommendation of the Commission there occurs a deterioration in the work of the member of the Service which in the opinion of the Government is such as to render him unsuitable for promotion.
INSERVICE TRAINING/STUDIES:
The Government may depute members of the Service for undergoing post graduate diploma/degree course of higher studies and its discretion to meet the necessities in different discipline and for this purpose preference shall be given to a member of Service who has completed a minimum of two years service under the Government.
SENIORITY:
The inter-se-seniority of the members of the Service shall be determined in accordance with the Sikkim State Services (Regulation of Seniority) Rules 1980.
ADMINISTRATIVE CONTROL:
1. The control over the Service including appointments, transfers and deputation shall vest with the Government in the Department of Personnel, A.R. and Training.
2. The headquarters of a member of the Service shall not be changed save with the concurrence of Personnel, A.R. and Training Department.
3. A member of the Service shall not be transferred to any department or organisation save with the concurrence of the Personnel, A.R. & Training Department both for the transfer and for the terms and conditions proposed or stipulated for such transfer.
RESIDUARY MATTERS:
All other matters in relation to the Service not specified or for which no provision has been made in these rules shall be regulated by rules and orders applicable to other officers of the Government of equivalent status.
INTERPRETATION:
If any question arises as to the interpretation of these rules, the decision of the Government thereon shall be final.
POWER TO RELAX:
Where the Government is of the opinion that it is necessary or expedient to do so, it may, by an order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or post.

SECRETARY
PERSONNEL, ADMINISTRATIVE REFORMS & TRAINING DEPARTMENT

GOVERNEMNT OF SIKKIM
ESTABLISHMENT DEPARTMENT
GANGTOK

NO: E(14)853A/Gen/Est Dated Gangtok, 21st December 1989
NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following rules, namely:

Short Title and Commencement:
1. These rules may be called Sikkim State Engineering (Civil, Electrical & Mechanical) Service Rules 1989.
2. They shall come into force on and from the date of their publication in he Sikkim Government Gazette.
Definition:
In these rules, unless the context otherwise requires,
1. "Appointed day" means the day on which these rules come into force.
2. "Commission" means the Sikkim Public Service Commission.
3. "Committee" means the Committee constituted under rule 17.
4. "Cadre post" means any of the post specified in Schedule I.
5. "Controlling authority" means the Government in the Establishment Department.
6. "Government" means the State Government of Sikkim.
7. "Governor" means the Governor of Sikkim.
8. "Member of the Service" means a member of the relevant Service.
9. "Service" means Civil Engineering Service or Electrical Engineering Service or Mechanical Engineering Service or any other engineering discipline included as a Service from time to time, as the case may be.
10. "Schedule" means the Schedule appended to these rules.
11. "Services" means the Sikkim State Engineering Services constituted under rule 3.
12. "State" means the State of Sikkim.
13. "Year" means the financial year commencing on the 1st day of April and ending on 31st day of March next following.
Constitution of Service:
1. There shall be constituted the Services called the Sikkim State Engineering Services consisting of persons appointed to the Service under rules 6 and 7.
2. The said Services shall comprise of three distinct Services, viz. Civil Engineering Service, Electrical Engineering Service and Mechanical Engineering Service.
3. The authorised strength and composition of each of the Service shall be as indicated in Schedule I at the initial constitution and shall be as determined by the Governor from time to time.
4. The scales of pay attached to the posts specified in Schedule I shall be such as may be prescribed by the Governor from time to time. On the appointed day, the scale of pay admissible to the members of Service shall be as shown in Schedule II.
5. The Governor may, by an order, hold any of the cadre post in abeyance and create a higher or lower post in lieu thereof for such period of periods as may be specified in the said order.'
Members of the Service:
1. The following persons shall be the member of the relevant Service:
  1. Persons appointed under rule 6, and
  2. Persons appointed under rule 7.
2. A person appointed under clause (a) of sub-rule 1 shall on such appointment be deemed to be a member of the service in the appropriate grade applicable to him in Schedule I.
3. A person appointed under clause (b) of sub-rule 1 shall be member of the Service in the appropriate grade applicable to him in Schedule 1 from the date of such appointment.
4. Appointments and Postings:
  1. All appointments, after the appointed day, to the Service shall be made by the Governor by one or other of the methods specified in rule 7 and save as provided hereafter no cadre post shall be filled otherwise than by a member of Service.
  2. Any cadre post may be filled as a temporary measures by a person other than a member of Service if the Governor is satisfied that there is no suitable member of the Service available for filling the post.
  3. Notwithstanding anything contained in sub-rule 1 and 2, Governor shall have the power to fill up any cadre post by obtaining officers on deputation from the Central or other State Governments or any organisation for such period as the Governor considers it necessary.
  4. A member of Service may, in public interest, be posted anywhere within or outside the State by the Government to any cadre post in the Service or under the Government outside the Service or under any other Government or under a company, association or body, whether incorporated or not, whether owned by Government or not, on such terms and conditions as may be specified by the Government.
Initial Constitution of the Service:
1. Notwithstanding anything contained in Schedule II and save as provided in sub-rule 2, all persons holding, on the appointed day, the cadre posts in a regular basis otherwise than as a purely temporary arrangement or on contract or on deputation from Central or any other State Government or organisation, shall be deemed to have been appointed to the corresponding posts and grades in the Service and the service rendered on regular basis prior to the appointed day shall count for reckoning length of service for the purpose of provisions laid down in Schedule II.
  Provided that any such person may, within sixty days of the appointed day, exercise, in writing to the Controlling Authority his option not to be absorbed in the Service. The option once exercised shall be final and binding.
  Provided further that failure to exercise the option within the specified period shall be construed as the exercise of option in favour of absorption in the Service.
2. Such of the officers opting out of the Service under first proviso to sub-rule 1 shall continue to hold the posts they were holding on the appointed day, and such post shall be deemed to have been excluded from the Service so long as they hold the said post.
Method of recruitment:
1. Subject to rule 6, recruitment to the Service after the appointed day, shall be by the following methods, namely:
  1. By direct recruitment through a competitive examination and/or selection by interview to be held by the Commission.
  2. By promotion through limited departmental competitive examination to be held by Commission from among persons holding the post of Junior Engineer or any other post or posts declared equivalent thereto by the Government.
2. The proportion of vacancies to be filled in any year in accordance with clause (a) and (b) of sub-rule 1 shall be 50:50 respectively subject to review as the Government may deem fit.
  Provided that the number of persons recruited under clause (b) of sub-rule 1 shall not at any time exceed 50 per cent of the total strength of the Service.
Recruitment by Competitive Examination:
1. Selection or a competitive examination for recruitment to Service shall be held at such intervals as the Government may, from time to time, in consultation with the Commission, determine.
2. The examination shall be conducted by the Commission in accordance with such rules and syllabus as the Government may, from time to time, make in consultation with the Commission.
3. Of the number of vacancies to be filled up on the results of each examination, there shall be reservation in favour of candidates belonging to Schedule Castes, Scheduled Tribes to the extend and subject to the conditions as the Government may, from time to time specify.
4. Subject to sub-rule 3, the commission shall forward to the Government a list arranged in order of merit of the candidates who have qualified by such standards as the commission may determine.
5. The inclusion of a candidate's name in the list prepared under sub-rule 4 shall confer no right to appointment to the Service.
Conditions of Eligibility for Appearing at the Competitive Examination:
In order to be eligible to appear in the interview or to compete at the competitive examination, a candidate must satisfy the following conditions, namely:
1. Minimum educational qualification Degree in Civil or Electrical or Mechanical Engineering or equivalent as the case may be from a recognised University.
2. Age Should have attained the age of 21 years but should not have exceeded the age of 30 years (in case of Sikkim Government servant, not more than 40 years) on the first day of year of advertisement.The maximum age limit may be relaxed upto 5 years in the exceptional cases where the applicant possesses special/professional qualification and past experience and in respect of candidates belonging to Scheduled Castes and Scheduled Tribes in accordance with orders issued by the Government from time to time.
3. Any other conditions that may be specified by the Government in consultation with the Commission.
4. Should pay the fees, if any, specified by the Commission.
Attempt at the examination:
No candidate shall be permitted to appear/compete more than three times at the interview/competitive examination.
Note: A candidate shall be deemed to have competed at the examination if he actually appears in any one or more subjects.
Disqualification for admission to Examination:
Any attempt on the part of the candidate to obtain support for his candidature by any means shall render himself liable to be disqualified for admission to the interview/competitive examination by the Commission.
Commission's Decision Final:
The decision of the Commission as to the eligibility as to he eligibility or otherwise of a candidate for admission to the interview/examination shall be final and no candidate whom certificate of admission has not been issued by the Commission shall be admissible to interview.
Appointment from the list:
Subject to the provision of rule 14,15 and 16 candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list.
Disqualification for appointment on Ground of Plural Marriage:
No person
1. who has entered into or contracted marriage with a person having a spouse living, or
2. who, having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the Service:
  Provided that the Government may, if satisfied that such marriage is permissible under the personal law or custom applicable to such person and the other party to the marriage, exempt any person from the operation of this rule.
Penalty for Impersonation, etc.:
A candidate, who is or has been declared by the Commission guilty of impersonation or of submitting false or fabricated documents which have been tempered with or of making statements which are incorrect or false or suppressing material information or of using or attempting to use unfair means in the examination hall or otherwise resorting to any other irregular or improper means for obtaining admission to the examination may, in addition to rendering himself liable to a criminal prosecution, be debarred either permanently or for a specified period
1. by the Commission from admission to any examination or appearance at any interview held by the Commission for selection of candidates; and
2. by the Government from employment under them.
Disqualification for appointment on Medical Ground:
No candidate shall be appointed to the Service who, after such medical examination, as the Government may prescribe, is not found to be physically and mentally fit and free from any mental or physical defect likely to interfere with the discharge of the duties of the Service.
Recruitment by promotion:
1. There shall be a Selection Committee consisting of the following, namely-
  1. Chairman, Sikkim Public Service Commission;
  2. Member, Sikkim Public Service Commission;
  3. Secretary to the Government in the Establishment Department;
  4. Principal Chief Engineer-cum-Secretary of the relevant Service and/or Department or Chief Engineer of the concerned Service as may be nominated by the Government.
  5. Secretary to the Government to be nominated by the Government.
    The Commission may co-opt any other suitable expert/Adviser.
2. The Chairman or where the Chairman is unable to attend, the member of the Commission shall preside over the meeting of the Committee. The absence of a member other than the Chairman or Member of the Commission, shall not invalidate the proceeding of the Committee if more than half the members of the Committee had attended its meeting.
3. The Government shall, every year, for the purpose of recruitment to the Service under clause (b) of sub-rule 1 of rule 7, prepare a list of names of persons in order of seniority who have on the first day of that year, completed not less than 10 years continuous service, in a post of Junior Engineer or any other post or posts declared equivalent thereto by the Government.
  Provided that the number of persons to be included in the list shall not exceed 5 times of the number of vacancies anticipated.
  Provided further that such restriction shall not apply where the number of eligible persons is less than the maximum permissible number, and in such a case the names of all the eligible persons shall be forwarded.
4. The Government shall forward to the Commission the list of persons referred to in sub-rule 3 together with their character rills and service records of the period such persons have to complete to become eligible for promotion, indicating the anticipated number of vacancies to be filled by promotion in course of period of 12 months commencing from the date of preparation of the list.
5. The Commission after satisfying themselves that the records and the information complete in all respect have been received, shall convene a meeting of the Committee. The Committee shall prepare a final list of persons who are found to be suitable for promotion to the Service on an overall relative assessment of their service records and interview.
6. The number of persons to be included in the final list shall not exceed twice the number of vacancies to be filled by promotion.
7. The Commission shall forward the final list prepared under sub-rule 5 to the Government alongwith all the character rolls and service records received from the Government.
8. The final list shall ordinarily be in force for a period of twelve months from the date of recommendation of the Commission.
9. Appointment to the Service from the list:
  1. The Government shall make appointment of persons included in the list prepared and recommended under rule 17 to the Service in the order in which their names appear in the final list.
  2. It shall not ordinarily be necessary to consult the Commission before such appointments are made unless during the period of 12 months from the date of recommendation of the Commission there occurs a deterioration in the work of the person which, in the opinion of the Government, is such as to render him unsuitable for appointment to the Service.
Probation:
1. Every person recruited to the Service by competitive examination shall be appointed to the Service on probation for a period of two years.
2. Every person recruited to the Service by promotion shall be appointed to the Service on probation for a period of one year.
3. The Government may, if it so thinks fit in any case or class of cases, extend the period of probation by a period not exceeding two years.
Execution of agreement:
A probationer, who has been appointed to the Service by competitive examination, shall, on appointment to the Service, execute an agreement in the form as may be prescribed by the Government binding himself and one surety, jointly or severally, in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Government to refund any money paid to him consequent on his appointment as probationer.
Training:
A probationer, who has been appointed to the Service, shall, on appointment to the Service, undergo such training and for such period as the Government may direct.
Departmental examination:
Every probationer, who has been appointed to the Service, shall, during the period of probation, appear and pass the prescribed Departmental Examination.
Discharge of a Probationer:
A probationer shall be liable to be discharged from the Service or, as the case may be, reverted to his substantive post, if-
1. he fails to pass in the departmental examination; or
2. the Government is satisfied that the probationer was ineligible for recruitment to the Service or is unsuitable for being a member of the Service; or
3. he is found lacking in qualities of mind and character needed for the Service or in the constructive outlook and human sympathy needed in the public services generally; or
4. he fails to comply with any of the provisions of these rules.
Confirmation:
Where a probationer has completed his period of probation to the satisfaction of the Government he shall, subject to the other provision of these rules, be confirmed in the Service at the end of his period of probation.
Promotion from the one grade to another in the Service:
1. The Committee constituted under rule 17 shall also be the Committee for the purpose of promotion of the members of the Service to higher grades of the Service.
2. The Chairman or where the Chairman is unable to attend, the Member of the Commission shall preside over the meeting of the Committee. The absence of a member, other than the Chairman or the Member of the Commission, shall not invalidate the proceedings of the Committee if more than half the members of the Committee has attended its meeting.
3. The Government shall, from time to time, for the purpose of sub-rule 1 prepare a list of names of the members of the Service in order of seniority who have completed the prescribed length of service for promotion to the next higher grade on the first day of that year.
4. The Government shall forward to the Commission the list prepared under sub-rule 3 alongwith the character rolls and service records of the period the member of the Service has to complete to become eligible for promotion, indicating the anticipated number of vacancies to be filled by promotion ion course of period of 12 months commencing from the date of preparation of the list.
5. The Commission after satisfying themselves that the records and the informations complete in all respect have been received, shall convene a meeting of the Committee. The Committee shall prepare vacancies to be filled by promotion.
6. The number of persons to be included in the list shall not exceed twice the number of vacancies to be filled by promotion.
7. The Commission shall forward the final list prepared under sub-rule 5 to the Government alongwith character rolls and service records received from the Government.
8. The list shall ordinarily be in force for a period of 12 months from the date of the recommendation of the Commission.
9. Promotion of the persons included in the list to the relevant higher grade shall be made by the Government against the existing vacancies in the order in which their names appear in the list.
10. It shall not ordinarily be necessary to consult the Commission before such promotion is unless during the period of 12 months from the date of recommendation of the Commission there occurs a deterioration in the work of the member of the Service which in the opinion of the Government is such as to render him unsuitable for promotion.
Seniority:
1. There shall be drawn separate seniority list of the three different Services specified under sub-rule 2 of rule 3.
2. The inter-se-seniority of the members in the Service shall be determined in accordance with the provisions laid down in the Sikkim State Services (Regulation of Seniority) rules 1980 as amended from time to time.
Administrative control:
1. The control over the Service including appointments, transfers and deputation shall vest with the Government in the Establishment Department.
2. The headquarters of a member of the Service shall not be changed save with the concurrence of Establishment Department.
3. A member of the Service shall not be transferred to any department, corporation, company, undertaking or body save with the concurrence of the Establishment Department both for the transfer and for the terms and conditions proposed or stipulated for such transfer.
Residuary Matters:
All other matters in relation to the Service not specified or for which no provision has been made in these rules shall be regulated by rules and orders applicable to other officers of equivalent status of the Government.
Interpretation:
If any question arises as to the interpretation of these rules, the decision of the Government thereon shall be final.
Power to relax:
Where the Government is of the opinion that it is necessary or expedient to do so, it may, by an order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or post.

Sd/- (D.K. GAJMER)
SECRETARY TO THE GOVT. OF SIKKIM
ESTABLISHMENT DEPARTMENT

THE SIKKIM GOVERNMENT ESTABLISHMENT RULES, 1974

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim is pleased to adopt the Sikkim Government Establishment Rules. 1974, as the rules regarding recruitment and conditions of service of persons appointed to the service and posts in connection with the affairs of the State of Sikkim with modification set out herein below with effect from the 26th day of April. 1975.

Title and commencement.
1. These rules may be called the Sikkim Government Establishment Rules. 1974.
2. They shall come into force with effect from 1st April. 1974.
Application.
1. These rules shall apply to all government servants to the same extent as the Sikkim Government Service Rules.
2. The provisions of these rules shall be regarded as supplementary to those of the Sikkim Government Service Rules and shall in no way be treated as modifying the conditions of service or other matters prescribed in the latter.
Definitions. - In these rules unless the context otherwise requires the words and expressions used shall have the same meanings respectively as have been assigned to them in the Sikkim Government Service Rules. 1974.
Establishment: General principles.
1. Classification of posts.- All posts under the Government whether temporary or permanent technical or non-technical shall on the basis of the nature of duties and responsibilities attached to them, be classified from time to time by the Government. Note. - The Government may modify the classification of any post in any manner as it may deem appropriate.
2. Qualification for government service.
  1. The following minimum academic qualifications shall apply to candidates for direct recruitment to non-technical posts under the Government
    1. Gazetted Grade: University degree.
    2. Class II and III (Non-Gazetted) (except drivers): Matriculates and/or equivalent. Preference will be given to those with higher qualification.
    3. Drivers and class IV: Candidates are ordinarily expected to have studied at least upto Class IV, preference will be given to those with higher academic qualification.
  2. The minimum technical qualification required for recruitment to technical posts shall be determined at the time of creation of posts, having due regard to the nature of duties and responsibilities attached to them.
3. Age for entry to Government service.
  1. The minimum age for entry to technical as well as non-technical posts in Class II (Non-Gazetted), Class III and Class IV shall be 18 years.
  2. The minimum age for recruitment to Gazetted grade shall be 21 years.
  3. The maximum age Limit for initial recruitment to any post under the Government shall be 30 years.
  4. The minimum age limit laid down in sub-paras (a) and (b) above shall not be relaxed in any case.
  5. The maximum age limit prescribed in sub-para (c) above shall ordinarily not be relaxed but in exceptional cases where the applicant possesses qualification higher than the minimum prescribed and has past experience, the age limit may be relaxed with the approval of the Government up to a maximum of 5 years in individual cases.

Government of Sikkim's orders

1.1 The Governor is pleased to order that for appointment to any vacancy whether reserved or not, every ex-servicemen who has put not less than six months continuous service in Armed Forces of the Union will be allowed to deduct the period of such service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post or service for which he seeks appointment by more than three years, he shall be deemed to satisfy the conditions regarding the age limit subject to the following conditions

The maximum military service rendered in armed forces by the ex -serviceman is not less than six months
The ex-serviceman is not discharged or dismissed from the service on account of mis-conduct and efficiency.

2.1 Attention is invited to Notification No.157/Gen/Est. dated 20.8.1988 regarding the concession of age relaxation allowed to ex- servicemen for appointment to Government service.

2.2 A question has now arisen whether the concession available to the Ex-servicemen (who retired from the Armed Forces of the Union of India) is applicable to the personnel retired from C.R.P.F, B.S.F, Indo- Tibetan Police, Central Industrial Security forces, Secretariat Security Forces. Assam Rifles and Railway-Protection Forces and other Forces recognised as Para-Military Forces.

2.3 The matter has been considered in consultation with the Government of India and it is now clarified that the concession of age relaxation allowed to the Ex-servicemen vide Notification referred to above shall not be applicable to the persons retired from Para-Military Forces.

3.1 In continuation to Notification No.32/Gen/DOP dated 5.7.1995, the Governor is pleased to relax the prescribed upper age limit for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes citizens of the State in services/posts to be filled up by direct recruitment under the Government of Sikkim and in State Public Sector Undertakings with immediate effect as hereunder

For Scheduled Castes by 5 (five) years;
For Scheduled Tribes by 5 (five) years:
For Other Backward Classes -by 3 (three) years.
Appointment.-
1. Appointment to service under the Government shall be by one or both the methods indicated below:
  1. Direct recruitment;
  2. Promotion from one grade to another.
2. Direct recruitment shall include appointment on contract and appointment on deputation:

Provided these two types of appointment shall be made having due regard to the exact nature of specific duties and responsibilities and the qualification required for the post, and further provided that (i) non-Sikkimese nationals may be appointed only when suitably qualified and experienced Sikkimese nationals are not available, and (ii) replacement of such appointees by suitable Sikkimese candidates may be made as and when available.

Mutually agreed terms shall apply to all appointments on contract. For appointments on deputation, formal agreements as to the terms shall be between the Government of Sikkim and the parent organisation of the officer, through the Government of India and not directly with the officer.

The following conditions shall apply to direct recruitment of Sikkimese nationals:
1. There shall be no direct recruitment to higher posts in the Gazetted Grades except to the lowest Gazetted Grades and below. All appointments to such posts shall be by promotion from the lowest Gazetted Grade on such conditions as may be prescribed by the Government from time to time.
2. Not more than 75 per cent of the permanent posts falling vacant in lowest Gazetted Grade shall be reserved for being filled in by direct recruitment, and the remaining vacancies shall be filled in by promotion:

Provided that if a sufficient number of candidates are not available in particular year to fill all the vacancies within 75 per cent reserved quota for direct recruitment, the vacancies so remaining unfilled shall be released and made available for being filled in by promotion in addition to the 25 per cent promotion quota.

Method of recruitment to the 75 percent reserved quota as provided for under (C)(ii) above.
1. Vacancies within this quota shall be filled in on the basis of All Sikkim Competitive Examination to be conducted by the Establishment Department and to extent necessary under the auspices of a Committee of Officers nominated for the purpose by the Government. The examination shall consist of a written test and also a viva voce test.
2. The number of permanent vacancies likely to be available during a year, the syllabus for the exanimation, the standard of physical fitness required of the candidates and other condition relating to the examination shall be published through any medium as may be decided by the Government for the information of intending candidates.
3. After being selected on the basis of the competitive exanimation and on being found medically fit for appointment to the posts, and after due verification of character and being found suitable, the candidates shall be treated as Probationary Officers as defined in the Sikkim Government Service Rules. The terms of their training and subsequent conditions of service shall also be regulated under the above mentioned rules.
4. The selected candidates shall be required to execute a bond rendering themselves liable to serve the Government for a minimum period of 10 years after successfully completing the period of training and probation: provided their services are so required by the Government. Candidates who fail to execute the bond shall not be considered for training or appointment. If after completion of training they fail to service the Government for the prescribed minimum period, they shall be required to refund the expenditure incurred on them by the Government together with interest at a rate to be determined by the Government.
Direct recruitment may be made to any category of posts in Class III and IV but persons having higher academic and technical qualifications may be directly recruited to posts in Class II Non- Gazetted:
Provided that such recruitment shall not result in the loss of opportunity to eligible candidates already in service for promotion to posts on higher pay scale within the same classes to an extent of more than 75 per cent in each category.
In all cases where direct recruitment is not specifically provided for in these rules, vacancies in any higher post shall be filled in by promotion among eligible officials serving in the immediately lower post.
For this purpose, it is the duty of the Establishment Department to compile and maintain up to-date seniority list of all government servants.

Authorities who should initiate action.
1. All actions as and when necessary, in respect of any of posts in the Gazetted grade or in respect of the incumbents thereof, such as promotion to, confirmation against, transfer within and representations, shall be initiated by Secretary, Establishment Department and submit for the orders of the Government.
2. All actions of similar establishment matter relating to posts in the non-Gazetted classes shall be initiated by the Head of Department concerned and submit for the orders of the Government through the Establishment Department.

Note. - Heads of Departments may effect transfers of non-Gazetted staff within the department itself. If, however, transfer is to be made from one department to another, procedure as laid down under rule 5(ii) may be adopted.

Promotions. - For assessing the suitability of eligible candidates for promotion, the Establishment Department shall examine the complete confidential reports of all such candidates before making its recommendations. It shall be the solemn duty of the Establishment Department to assess the reports with absolutely objectively and if any personal prejudices in the reports are suspected, to bring their views to the notice of the Government for necessary orders.
Promotions shall be on the basis of seniority subject to fitness and any other conditions laid down by the Government from time to time.

Government of Sikkim's orders

1.1 1n amplification of the provisions of rule 4 and 6 of the Establishment Rules contained in Part II of the Sikkim Government Service Rules, 1974, as regard to the method of selection of the persons, for promotion on the basis of seniority-cum-fitness and direct appointment to the post in respect of all non Gazetted grades as well as the lowest Gazetted grade, the Government of Sikkim is pleased to order as follows with effect from 1st June, 1981.

1.2 There shall be three separate Departmental promotion Committees for examining the seniority and fitness of employees/fresh candidates for promotion/appointment to post at various levels of the Government as under:

For promotion to the lowest Gazetted posts and above
1. Chairman. Sikkim Public service Commission mission;
2. Member, Sikkim Public Service Commission;
3. Secretary to the Government in the Establishment Dept;
4. Secretary/Head of Department concerned;
5. A Secretary to the Government nominated by the Govt;

The committee may co-opt any expert/subject Specialist to assist the Committee.
The Chairman or where the chairman is unable to attend, the Member of the Commission shall preside over the meeting of the Committee.
The absence of a member, other than the chairman or Member of the commission shall not invalidate the proceedings of the committee if more than half of the member of the Committee had attended the meeting. The Committee may consider promotion to Gazetted Grade and above.

For promotion/appointment to the post carrying pay scale of Rs.1200-1950 and above up to Rs.1520-2660:
1. Secretary/Head of Department concerned (Chairman);
2. Joint Secretary, Establishment Department or in his absence Dy. Secretary, Establishment to be nominated by Secretary Establishment;
3. Jt. Secretary, Finance Department or in his absence Deputy Secy Finance to be nominated by the Finance Secretary.
For promotion/appointment to the scale of Rs.800-1600 and above upto the scale of Rs.1080-1760
1. Secretary/Head of Department concerned;
2. Two officers not below the rank of Deputy Secretary nominated by the Minister-in-charge of the department.

1.3 Whenever one or more vacancies in any grade are required to be filled up by promotion, the Committee for that particular grade shall meet and prepare list of such employees as are held by them to be suitable for promotion to the vacant post from amongst the eligible persons.

1.4 The Committee concerned shall ensure that the quota provided for direct recruitment and promotion under the relevant provisions of the Sikkim Government Service Rules is strictly taken into consideration.

1.5 The Committee shall consider for promotion, where there is a single vacancy, the cases of five eligible persons in order of seniority belonging to the immediately lower grades and thereafter in multiples of two for every additional vacancy. For example: where there are two vacancies, the zone of consideration shall be up to and including the person ranking 7 in the inter-seniority in the lower grade, for three 9 and so on and so forth.

1.6 Annual Confidential Reports for past five years excluding the year in which the promotion is being considered shall be taken into account by the Committee.

1.7 The Committee shall classify the eligible persons as "Outstanding", "Very Good", "Good", "Average", and "Below Average" as the case may be, on an overall relative assessment made on the basis of the Annual Confidential Reports.

1.8 The vacancy/vacancies shall be filled up first by persons from amongst those classified as "Outstanding", then from amongst those classified as "Very Good" and thereafter from amongst those similarly classified as "Good". An example of the classification and determination of suitability of persons for promotion where there are two vacancies is given below:

Name	Seniority in the lower grade	Classification given by the DPC after assessment of ACRs	List in order of seniority-cum fitness for promotion as determined by the DPC
Mr.A	1	Average	Mr.G
Mr.B	2	Below average	Mr.D
Mr.C	3	Good	Mr.E
Mr.D	4	Very Good	Mr.C
Mr.E	5	Very Good	Mr.F
Mr.F	6	Good	Mr.A
Mr.G	7	Outstanding	Mr.B

In the above example Mr.G and Mr.D will be promoted against the two vacancies.

1.9 Wherever there is a vacancy required to be filled up by direct recruitment in any of the grades for which the Committee has been Constituted, the Committee concerned shall conduct the examination consisting of a written test and also a viva-voce test as required under sub-rule 4(4)D(i) of the Sikkim Government Establishment Rules, 1974. Only those candidates who hold Identity card issued by the Employment Cell of the Establishment Department will be considered after holding tests. If no candidate holding Identity Card is available or found to not suitable for the post, the Committee shall submit a report to the Government through the Establishment Secretary certifying the fact of non-availability of such candidates and recommending advertisement in Sikkim Herald inviting applications from all eligible candidates.

1.10 Application will be invited from the serving assistants of the Government of Sikkim who are graduates for a post requiring the minimum educational qualification of degree in Arts/Science/Commerce in addition to the names furnished by the Employment Cell.

1.11 The Committees concerning class III and/or Class IV posts (i.e. Committee constituted under category "B" and "C" in paragraph 1.2) shall submit their recommendations to the Secretary/Head of Department concerned. The Department concerned shall process the recommendation and submit the same to the Minister-in-Charge through the Establishment Department for approval. Thereafter, a formal office order shall be issued by the department concerned.

1.12 This issues in supersession of this Department Notification No.655/Est dated 17.12.1975 and 82/EST dated 21.9.1974 and in partial amendment of Notification No.286/Gen/Est. dated 28.1.1981.

Probation
1. Direct recruitment
  1. Any person directly recruited is liable to undergo such training and pass such examination as the Government may prescribe, and after doing so shall be on probation for a period of one year from the date of joining his post.
  2. The Government, at its discretion, extend the period of probation for such period as it may deem fit, but any person who may be found unsatisfactory during the period of probation initially fixed or subsequently extended, as the case may be, is liable to be summarily discharged. (iii) On satisfactory completion of his probation, he is eligible for confirmation in Government service at the earliest possible opportunity.
2. Promotions.
  1. Any person appointed to a higher post on promotion shall be on probation in the higher post for a period of one year from the date of assuming charge of the higher post, during which period he may be required to undergo such training and to pass such examinations as the Government may prescribe.
  2. The Government may at its discretion extend the period of probation for such period as it may deem fit, but any person who may be found unsatisfactory for the higher post in question during the period of probation initially fixed or subsequently extended as the case may be, is liable to be reverted to the post from which he had been promoted.
  3. On satisfactory completion of his probation in the post to which he had been promoted, he is eligible for confirmation in the post to which he has been promoted provided he has put in the minimum length of service as may be prescribed by the Government from time to time.
Seniority
1. Direct recruits
  1. While making selection for direct recruitment, the authority concerned while making recommendations shall arrange the names of the selected candidates in the order of merit assigned to them by the authority .If all the candidates join duty or training courses, as the case may be, within the time limits prescribed, inter-se seniority will be fixed in the same order in which their names are placed at the time of selection. Extension of the period of training or probation in any individual case by the Government shall not affect the inter-se seniority.

Note. - Where a person who is already in Government service competes for direct recruitment to the post in a higher grade and is selected, his previous service shall not count for the purpose of his inter-se seniority as direct recruit but shall count for the purpose of pension and gratuity as well as for leave.

If any selected candidate fails to join duty or training courses, as the case may be, within the time limit prescribed and the reason therefore is not such as receives the Government's sanction for condonation of delay, he is liable to forfeit all claims to inter-se seniority, but if the delay is condoned by the Government, the inter-se seniority shall remain unaffected.

Promotees. -Where appointment is by promotion only, the names of the promotees shall be placed in the seniority list in the same order in which they were placed at the time of approval of the promotions and immediately below the last of the person who are already in the grade to which promotion is made.

Note. - Any delay in assuming charge of the higher post on promotion due to the administrative reasons, such as transfer from an outlying station, or delay in being relieved for want of substitute, shall not affect the seniority of the person concerned.

Where some appointments to a category of posts are made through promotion and some by direct recruitment, the order of inter- se seniority between the promotees and direct recruits shall be determined by the date of first appointment in/promotion to a class, service, category or grade as the case may be.

Once the inter-se seniority of a Government servant in one grade is determined it shall not be disturbed unless and until he is either promoted to the next higher post or is reduced in rank under the provisions of the procedures for disciplinary action.

Once an official is confirmed in a post, his name shall be included in the seniority list of permanent officials in the grade at the appropriate place and his name shall simultaneously be deleted from the list of officials in the immediately lower category.
In case where the date of appointment to Government service and the date of promotion from one grade to another may also be the same and where the relative seniority has not been determined under any other criterion already approved by the Government, the inter-se seniority shall be determined with reference to
1. the respective educational qualification; and
2. if the educational qualification also happens to be equal, with reference to the date of birth, the older person being then considered senior to the younger.
If an officer is inducted on transfer from a technical post in a technica1 department to a non-technical department to fill the post in an equivalent grade or to fill a higher post in the later department on promotion, he shall be given for the purpose of seniority in the later department, the benefit of his past service in the former department in equivalent grade.
Note. - Whenever, for the purpose of promotion in the non-technical department, the Government considers it expedient to declare officers holding technical post in technical department to be eligible to be considered, the Establishment Department shall prepare, for use by the competent authority a combined seniority list of all the eligible officers based on their length of service equivalent grades: Provided that
1. the same principle as indicated in rule 11 above is followed, and
2. the inter-se seniority of officers concerned as already fixed in their parent grades shall not in any case be disturbed.
Any authorised period of absence from his post of a government servant who is deputed for training, including refresher courses, or who is on study leave as provided for under the Service Rules shall not cause any detriment to his grade.
Creation of posts. - Except in emergencies, no proposal for creation of posts during a year should be made, unless there is provision for it in the approved budget for the year. Mere provision in the department budget, however, does not constitute authority for incurring liability on any new post. Specific prior sanction of the Government is essential in each case. Proposals shall be initiated by the department concerned through the Finance Department and the Establishment Department, before orders of the Government are sought.
Creation of permanent posts ab-initio should be resorted to only if none of the temporary post already existing can appropriately be converted into a permanent one. Except in the case of post specifically created for implementation of Five -Year Development Plan Projects, all temporary posts in each category which may have been in existence continuously for five years should be reviewed so as to determine whether they should be brought on to the permanent establishment, or dispensed with. Continuance of posts on temporary basis for any indefinite period is not desirable. In the case of posts specifically related to five -Year Development Plan Projects, the review should be conducted as early a date as possible before the end of each such Plans.
Whenever any temporary post is proposed to be created, the period for which it is required should be clearly specified in each case. If continuance of the post beyond the specified period should become unavoidable, fresh sanction for such continuance should be sought prior to the expiry of the initial sanction. Retention of any temporary post beyond the approved period is irregular.
Medical examination. - No person shall be appointed to any post under the Government unless he has been declared by the competent medical authority to be physically fit in all respect for such appointment. The Government may prescribe special standards of physical fitness for particular types of posts.
A Government servant who has been declared medically fit in all respects at the time of initial appointment to a post shall not ordinarily be required to be medically examined again at the time of his confirmation in the same type of post, nor at the time of appointment to or confirmation in any other post not requiring a higher standard of physical fitness than the previous post.
However, in the event of any factor, such as continuous absence on grounds of ill health, or other circumstances which in the opinion of the Government points to marked deterioration in the capacity of the Government servant to perform his duties satisfactorily, the Government may require him to be medically examined at such time or intervals of time as it may consider necessary .If the results of medical examination accordingly are unsatisfactory, the Government may take such action as it deems fit, including, in the event of any long term disability being reasonably established, termination of the Government servant's service, after allowing him with reference to the nature of ailment, such leave and other concessions, if any, accruing out of the provisions of the Service Rules and the Retirement Benefits Rules.
For those officials who are appointed to posts which require continuously special standards of physical fitness, such as Police or Para Military Officials, the Government may prescribe medical examinations at such intervals as it may decide, and if the results are unsatisfactory, take the same action as provided under rule 18.
When re-employment of a retired government servant is considered at his own request, the Government may require him to undergo a fresh medical examination before a decision on his re- employment is taken.
The competent medical authorities for the purpose of medical examination of government servant shall be as follows

1.	Gazetted Officers	A medical board consisting of five senior Government Medical Officers nominated by the Government.
2.	For Class II (Non- Gazetted) Class III & Class IV	A Medical Board consisting of three Government Medical Officers nominated by the Government.
3.	In case of reemployment of retired Government servant	The same medical authority which is competent to examine a candidate for the class of post to which the retired government servant is proposed to be re-employed.
4.	In case of application for retirement on medical grounds, with claim for invalid gratuity under the Retirement Benefits Rules.	A Board consisting of three senior Government Medical Officers for all classes

Subject to the availability of admissible leave, a Government servant shall ordinarily be entitled to such period of leave as is recommended by the competent medical authority; but the Government may, within its discretion, ask for such alterative medical opinion as it may deem fit in any individual case.
Any appeal against the findings of the competent medical authority shall ordinarily not be entertained; but if an appeal supported by a certificate from a medical officer of good standing giving an opinion contrary to the findings of the competent medical authority and the Government is reasonably satisfied that a possibility of an error of judgement by the competent medical authority exists, it may authorise a second medical examination:
Provided that
1. The appeal is made not later than one month of the date on which the result of the medical examination by the , competent medical authority is conveyed to the person concerned; and
2. the cost of such medical examination is borne by the person concerned.
Confirmation. - Confirmations of eligible candidates who are approved for confirmation should be made strictly in order of seniority assigned to the officials in the particular grade in which confirmations are due. Accordingly, the Establishment Department should be informed at the time of consideration of candidates for confirmation, which shall be dependent on the exact number of regular post/ whether permanent or temporary available for each category and the respective number of each category of officials who are to be confirmed.
Any case of representation on grounds of alleged erroneous confirmation should be investigated and the Government may cancel an order of confirmation already passed, if it is satisfied that it was erroneous.
Ordinarily, confirmation should be made only with Prospective effect, but in exceptional cases retrospective effect may be given to confirmation orders:
Provided that
1. a regular vacancy existed on the retrospective date, and
2. the Government servant concerned was deemed eligible and fit for such confirmation.
Verification of character.- Prior to initial appointment to Government service, the character of every selected candidates should be duly verified and any adverse circumstances which may come to light in the course of the inquires shall be brought to the notice of the Government for its orders.

Government of Sikkim's orders.

1.1 One of the conditions for appointment to any post under the State Government is su