Kerala State & Subordinate Service Rules 1958

Kerala State & Subordinate Service Rules 1958
Kerala State & Subordinate Service Rules (KS & SSR) 1958 is framed by
invoking Art.309 of the Constitution. These rules were validated under
Section 3 of the Kerala Public Services Act, 1968 at a later stage.
Kerala Public Services Act
This is an act to regulate the appointment and conditions of public
service.
Major Rules Governing Service Conditions
1 Kerala Service Rules, Part I, II & III Deals with the financial
benefits of the employees
2 Kerala State & Subordinate Service
Rules, Part I, II & III
Deals with the method of
recruitment, seniority and
promotion
3 Kerala Civil Services (Classification,
Control & Appeal) Rules
Deals with the disciplinary
proceedings
4 Kerala Government Servants Conduct
Rules
Conduct rules of
Government servants
Government Service
Government service is classified into two main categories viz. State
Service & Subordinate Service. This classification is included in Kerala
Civil Services (Classification, Control & Appeal) Rules (KCS (CC*A)
Rules). State Services include all posts in Gazetted cadre (Selection posts)
and Subordinate Service include all non-gazetted posts including Last
Grade, Part-time Contingent posts.
KS & SSR
KS & SSR lay down the service conditions of the government employees.
Main components included under the rule are recruitment, appointment,
seniority, probation, promotion, etc. It is mainly segregated into 3 parts;
Part I dealing with general matters and definitions, Part II dealing with
39 general rules and Part III is the Special Rules for different services.
Special Rules have to be framed separately by Government for the
respective services.
Scope of General Rules
The rules shall apply to all Sate and Subordinate Service and to the
holders of all posts, whether temporary or permanent in any such service
except in the case of Contract employees. These rules are applicable to
the holders of all posts in Government service even though the posts they
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hold are not classified in Schedule I or Schedule II (proviso under Rule I).
Certain provisions of this Rule is are applicable in the case of Last Grade
Service.
Applicability
If any provision in the general rules repugnant to a provision in the
Special Rules and General Rules applicable to any particular service, the
provisions in the Special Rules will prevail. [Rule 2]
Definitions
Appointed to a Service:
Discharges for the first time the duties of a post borne on the cadre
of such service or commences the probation.
Approved candidate:
A candidate whose name appears in an authoritative list of
candidates approved for appointment to any service.
Approved Probationer:
Approved probationer is a member of that service, class or category
who satisfactorily completed his probation and awaits appointment
as a full member.
Discharge of a Probationer:
In case, the probationer is a full member or an approved
probationer of another service, reverting him to such service and in
any other case, dispensing with his service.
Duty:
When performing the duties of a post borne on the cadre of such
service or undergoing the probation. Following items will be
considered as duty:
a. joining time
b. vacation, authorized holidays, restricted holidays or on casual
leave
c. deputation
d. waiting for posting orders after reporting for duty
e. notional promotion consequent on revision of rank and seniority
f. maternity leave in case of female members.
Full Member:
Member of a service who has been appointed substantively to a
permanent post borne on the cadre.
Member of a Service:
A person appointed to that service and who has not retired or
resigned, removed or dismissed, transferred or reduced to another
service or discharged otherwise for want of vacancy is a member of
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the service. He may be a probationer, an approved probationer or a
full member of that service.
Military Service:
Service in the Armed Forces under the Ministry of Defence.
Probationer:
Probationer means a member of that service who has not
completed his probation.
Promotion:
Appointment of a member of any category or grade of a service or a
class of service to a higher category or grade of such service or
class is called promotion.
Recruited direct:
A candidate is said to be "recruited direct" to a service, class,
category or post when, in case the appointment has to be done in
consultation with the Commission, on the date of the notification
by the Commission inviting applications for the recruitment, and
in any other case, at the time of appointment.
Recruited by transfer:
A candidate is said to be “recruited by transfer” to a service.-
i) if his appointment to the service is in accordance with the
orders issued or rules prescribed for recruitment by transfer to
the service; and
ii) if at the time of his first appointment thereto.-
(a) he is either a full member or an approved probationer in any
other service, the rules for which prescribe a period of
probation for members thereof:
Service:
"Service" means a group of persons classified by the State
Government as a State or Subordinate Service as the case may be.
Note.- Where the context so requires "service" means the period during
which a person holds a post or a lien on a post or is a member of a
service as above defined.
Special Rules:
Special Rules mean the rules in Part III applicable to each service
or class of service.
Cadre:
The permanent cadre of each service, class, category and grade
shall be determined by the State Government.
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Approved candidate
All first appointments to the service shall be made by the appointing
authority on the advice of the Commission for the posts falling within the
purview of the PSC and in all other cases by the appointing authority
from the list of approved candidates. The inclusion of a name in the list
of approved candidates shall not confer any claim for appointment. The
Commission shall have the power to cancel the advice for appointment,
but only after giving reasonable opportunity of being heard (Rule 3).
Recruitment
Methods of recruitment can be broadly classified into two, Direct
recruitment, Recruitment by transfer. [Rule 5]
Direct recruitment:
Direct recruitment shall be made only against substantive vacancies
[Rule 5(b)]. All permanent and temporary vacancies except those of short
duration are treated as substantive vacancies [Rule 5© - Note (1)].
Vacancies of short duration:
Leave vacancies and vacancies of less than 6 months duration shall be
treated as vacancies of short duration. [Rule 5© - Note (2)]
Ratio/ percentage fixed:
In the case of ratio/ percentage fixed for recruitment, the number of
vacancies to be filled up from each category shall be decided by applying
the ratio/ percentage to the cadre strength of the post and not to the
vacancies existing at that time. [Rule 5© - Note (3)]
Direct recruitment shall be made on the advice of PSC, through
compassionate employment scheme, by invoking the provisions of
physically challenged appointment or by appointing sports personnel.
Discharge & Reappointment
Vacancy in any service shall be filled up by direct recruitment only after
giving chances to an approved probationer or a probationer [Rule 6].
Order of discharge for want of vacancy shall be: first, the probationers in
order of juniority and then approved probationers in order of juniority.
Re-appointment of the above categories will be in reverse order.
Discharged candidates have to register their names with the Commission
[Rule 7].
Absence from duty
The absence of a member of service from duty in such service, shall be
generally LWA for taking up other employment on foreign service. He
shall be entitled to all the privileges in respect of appointment, seniority,
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probation and appointment as full member which he would have enjoyed
but for his absence. He has to complete his period of probation on his
return [Rule 8].
Recently it is ordered that the request for grant of leave under
Appendices XII A/ XII B/ XII C Kerala Service Rules in respect of
employees who secure appointment through PSC will be considered only
after declaration of satisfactory completion of probation in the entry
cadre (vide G.O.(P) No.161/08/Fin dated 9-4-2008). This is further
amended by excluding those coming under category XII-B and those who
are continuing on LWA (Circular No.54/08/Fin&G.O.(P)No. 448/08/Fin).
Temporary Appointments
In public interest, in order to fill up a vacancy to meet urgent need, the
appointing authority can make temporary appointments as mentioned
below:
Appoint persons from the same service (while doing so persons who
are admittedly senior to him shall also be appointed) [Rule 9 (a) (i))
Through Employment Exchange [Rule 9 (a) (i))
Appointment by agreement (Rule 9 A)
Deputation from one department to another (Rule 9 B)
Appointment of a person having knowledge of regional language
[Rule 9 (d))
Persons appointed under [Rule 9 (a) (i)) shall be replaced as soon as
possible [Rule 9 (a) (iii)). They shall not be regarded as a probationer
[Rule 9 (a) (iv)). They shall not be eligible for increment [2nd proviso to
Rule 9 (a) (v)).
Qualification
The educational or other qualifications, if any, required for a post shall
be as specified in the Special Rules applicable to the service in which
that post is included or as specified in the executive orders of
Government in cases where Special Rules have not been issued for the
post/ service. [Rule-10 (a)]
The educational qualification of the SSLC standard means that specified
in the Schedule to the General Rules. [Rule-10 (aa)]
Candidates for appointment to regular services must have sound health.
[Rule-10 (b)(i)]. Candidates for appointment to regular services should
not have more than one wife/ husband. [Rule-10 (b)(ii)]
In the case of candidates for appointment to regular services, the
character and antecedents are such as to qualify him for such service.
[Rule-10 (b)(iii)]
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A person appointed shall not be treated as a member of the service until
regularized. [Note 1- Rule-10 (b)]. Obtain the character and antecedents
within a period not exceeding 6 months from the date of joining duty.
[Note 1- Rule-10 (b)]
Special qualifications acquired or special tests passed before the
appointment shall be considered for declaration of probation. [Rule-11]
No person shall be eligible for appointment to any service unless he
possesses the required qualification, passed special tests in the Special
Rules or equivalent qualifications [Rule-13]. Temporary exemptions for
SC/ST Members. [Rule- 13A]
When a test is newly prescribed by Special Rules, a temporary exemption
for two years from the date of introduction is allowed. [Rule- 13A (i)(b)].
For members belonging to SC/ST the exemption may be extended further
by 3 years. [Rule- 13A(2)]
Permanent exemption from passing the obligatory departmental tests will
be granted to those who were in service up to 25-8-1981 on completion
of 25 years of service and 50 years of age (those blonging to SC/ST will
get exemption on attaining 50 years of age). But on or after 26-8-1981 all
those who attain the age of 50 years will be eligible for permanent
exemption. This exemption is not applicable for posts for which
departmental tests are prescribed as basic qualification [Rule-13B]
Temporary exemption from Test qualification is granted to SC/ST for
probation as well as for promotion from 13-1-72. This exemption is
applicable only to those who were in service up to 31-12-1985 (GO (P)
No.25/97/P&ARD dated 28-11-1997).
Probation
Probation means period of service rendered by an officer when
discharging duties of a post to which he is appointed for the first time on
a regular basis in order to assess his performance and suitability to hold
the post.
A member temporarily promoted shall not be regarded as a probationer
in the category or grade to which he has been promoted. [Rule-12 (a)]. A
member temporarily promoted to a higher rate of pay in the same service
shall be entitled to count towards his probation in the former category,
the period of duty in the latter category. [Rule-12 (b)]
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Commencement of Probation:
Date of commencement of probation starts from the date on which he
joins duty in the department on a regular basis. [Rule-18(a)]
Different services counting for probation:
Probation in a service shall count for probation in another service, if the
normal method of recruitment to the latter service is, according to the
rules, by transfer from the former service. [Rule-18(b)]
Service in a higher category will count for probation in a lower category.
[Rule-18(c)]
Temporary services counting for probation:
A probationer in a service temporarily appointed to another service shall be entitled to
count towards his probation in the former service, the period of duty performed in the
latter service. [Rule-18(d)]
Service on temporary promotion counting for probation:
A probationer who is promoted temporarily to a higher category in the
same service shall be entitled to count towards his probation, if any, in
the former category [Rule-18(e)]. Service on deputation will count for
probation. [Rule-18(f)]
A probationer before completing his probation proceeds on LWA for
taking other employment shall commence probation afresh on his return
from leave. [Rule-18(g)]
A person got appointment in one department from a common select list
and thereafter discharged from that department for want of vacancy got
reappointed on re-registering his name shall be entitled to count his
service in the former department for probation in the latter department.
[Rule-18(h)]
An inter-departmental transferee shall have to undergo probation in the
new department in accordance with the Special Rules. [Rule-18(i)]
Suspension, Termination or Extension of probation:
If the work and conduct of a Probationer is found to be unsatisfactory or
he has not passed the prescribed test(s) his probation may be extended
or otherwise terminated and discharged after giving him a reasonable
opportunity of showing cause against the proposed action. [Rule-19]
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Suitability for full membership:
At the end of the prescribed or extended period of probation, the
appointing authority shall consider the probationer’s suitability for full
membership. If satisfied issue an order declaring that the probationer
has satisfactorily completed probation. [Rule-20]
Probationer's increment shall be stopped until he is declared to have
satisfactorily completed his probation. [Rule-20]
Any delay in the issue of an order shall not entitle him to be deemed to
have satisfactorily completed his probation. [Rule-20A]
Extension of probation:
In the case of any probationer failing to complete the conditions for
probation, the appointing authority can extend his probation up to a
maximum of one year to acquire the required qualifications. Further
extension has to be given by Government. [Rule-21]
The date of acquiring test qualification is the day following the last date
of the whole examination or test [Rule-21]. When the subjects of the test
are passed in different examinations, then the last date of the whole
examination or test will be the effective date. [Note - Rule-21]
Appointment of full member:
An approved probationer shall be appointed as the full member of a
service in any substantive vacancy which may exist or arise at the
earliest possible opportunity subject to the provisions of rule 8. The
senior most approved probationer shall be appointed first. If the vacancy
exists before the completion of probation, retrospective effect of
appointment can be given as the case may be. [Rule-24]
Membership of more than one service:
No person shall at the same time be a full member of more than one
service. [Rule-26]
Seniority
Seniority of a person in a service, class, category or grade shall, unless
he has been reduced to a lower rank as punishment, be determined by
the date of the order of his first appointment to such service, class,
category or grade. Appointment shall not include rule 9 or rule 31
appointments. [Rule-27 (a)]
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Seniority of persons for appointment in fixed ratio:
Seniority of persons appointed to a category or post in a department,
where the methods of appointment to that post or by promotion, by
transfer and by direct recruitment in a fixed ratio or percentage shall be
determined as:
1) If the first vacancy shall be for the departmental hand by
promotion or transfer and the next vacancy by direct
recruitment.
2) In the absence of a direct recruit, the second post can be filled
up by a departmental hand temporarily. He will be regularized
with effect from the date of occurrence of the third vacancy and
the next by the 5th vacancy etc.
3) The direct recruit shall be entitled for rank and seniority from
the date of his first effective advice. [3rd Proviso Rule-27 (a)]
Internal transfers:
Seniority of persons on mutual or inter-unit or inter-departmental
transfers on request shall be determined with reference to their dates of
joining duty in the new unit or Department. In the case of more than one
person joining duty in the same grade in the same unit or department on
the same date:
1) If the persons belong to different units or departments, the
older being considered as senior. [Proviso (a) Rule-27 (a)]
If the persons join duty belong to the same category of the post in the
same department, in accordance with their seniority in the unit or
department from which they were transferred. [Proviso (b) Rule-27 (a)]
Date of seniority:
Seniority of a person appointed to a service is determined by the date of
first effective advice for his appointment. When two or more persons
included in the same list of candidate advised, their relative seniority
shall be fixed according to the order in which their names are arranged
in the advice list. [Rule-27 ©]
Regularisation
A person appointed shall not be treated as a member of the service until
regularized. [Note 1- Rule-10 (b)]. Obtain the character and antecedents
within a period not exceeding 6 months from the date of joining duty.
[Note 1- Rule-10 (b)]
Promotion
Promotion means appointment to a new post in a higher category of the
same service or to a new post having a higher grade. No person is eligible
for promotion from the category in which he was appointed to the service
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unless he has satisfactorily completed his probation in that category
(Except HODs). [Rule-28(a)(i)]
Promotion to non-selection (non-gazetted) posts is based on seniority and
fitness. Punishments other than Censure awarded within a period of
preceeding three years is taken into account for determining suitability
[Rule-28(a)(ii)]
Select lists
Appointment by transfer or promotion to selection posts (State Service)
(except HOD) shall be made by Departmental Promotion Committee
(DPC). Selection is based on merit as disclosed from the performance
appraisals or CRs. Seniority is considered when merit and ability are
approximately equal. Punishments other than Censure and Warning
awarded within the preceding three years are taken into account while
preparing select list. Select lists are prepared for each calendar year and
the Convener of the DPC shall publish the select list in the gazette with
the approval of Government. [Rule-28(b)]
Relinquishment of Right
Any person of a service can relinquish any right or privilege to which he
may be entitled under these rules or the Special Rules (promotion,
appointments by transfer etc.) in writing and the same can be accepted
by the Appointing Authority, if such relinquishment is not opposed to
public interest [Rule 38]. Promotion once accepted cannot be
relinquished.
The relinquishment of the right for promotion under this rule shall
entail loss of seniority and a relinquishment of the right for
promotion shall not be permissible unless such relinquishment
entails loss of seniority.
Relaxation of rules
Government have the power to relax the rules. Government have issued
principles and procedures to be followed for invoking this Rule vide
Circular No.131867/ Rule/ 72/PD dated 14-9-73 as amended.
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