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General Conditions of Service: Haryana Civil Services (General) Rules, 2016

Haryana Civil Services (General) Rules, 2016

The Haryana Civil Services (General) Rules, 2016, provide detailed guidelines for civil servants in Haryana, focusing on appointment, promotion, and retirement procedures. These rules promote merit-based processes, clarify roles and responsibilities, and enhance transparency and efficiency in governance. By standardizing service conditions, the rules improve administrative processes and public trust, crucial for effective governance.

9. Medical Certificate of Fitness for First Entry into Government Service

  • Requirement: No person can be appointed to a Government service post without a medical certificate of fitness obtained from a competent medical authority.
  • Standards: The medical standards must meet or exceed those required for the specific post.
  • Exceptions: Rules may provide specific cases where this requirement may be waived.

Notes:

  1. Standardization: Medical authorities must follow prescribed standards for conducting examinations based on various posts and categories within different departments.

  2. Subsequent Appointments: For rules regarding medical fitness in subsequent appointments, refer to Rule 15.

10. Form of Declaration and Medical Examination

  • Process:
    • The candidate fills and signs Part-I of the prescribed form (Annexure-2) in the presence of a competent medical authority.
    • The competent medical authority conducts a thorough medical examination of the candidate.
    • Part-II of the form (Annexure-2), certifying the candidate’s health status, is issued by the medical authority.
    • The candidate’s signature and photograph are obtained on the form during the examination, and the form is attested to confirm authenticity.

11. Drawal of Pay and Allowances without Medical Examination

  • Authority: The appointing authority or Head of Department can authorize payment of pay and allowances for up to two months without a medical fitness certificate under specific conditions:
    • Fresh Recruits: Applies to individuals recruited for periods exceeding six months.
    • Promotions: Also applies to employees promoted from non-gazetted to gazetted posts requiring a fresh medical examination.
  • Conditions:
    • If the appointed person is subsequently found medically unfit:
      • Their services must be terminated or reverted to the feeder post within one month from the date of notification of their medical status.
      • If no appeal for a second medical examination is made within this period, termination or reversion is automatic.
      • If an appeal for a second examination is made and the person is found unfit again, immediate termination or reversion follows.
  • Documentation: The initial appointment or promotion order must clearly state these conditions.

12. Certificate of Medical Examination on the First Pay Bill

  • Requirement: The Drawing and Disbursing Officer must record a certificate on the first pay bill of newly appointed Government employees stating:
    • Whether a medical fitness certificate has been obtained from the competent medical authority.
    • Or, if appointed without a medical certificate, confirmation that the appointment is subject to producing one within two months, as per Rule 11.

13. Fee for Medical Examination

Category General Category Fee SC/ST Category Fee
Group ‘A’ or ‘B’ Rs. 200/-
Group ‘C’ Rs. 100/- Rs. 50/-
Group ‘D’ Rs. 20/- Rs. 10/-

Exemptions: Ex-servicemen and dependents of deceased or serving soldiers are exempt from paying these fees on their first entry into Government service.

14. Exemption from Medical Certificate of Fitness

  • Authority: Competent authorities (Administrative Departments and Heads of Departments) have the power to exempt individuals or specific classes of Government employees from producing a medical fitness certificate:
    • Administrative Departments: Full powers in individual cases.
    • Heads of Departments: Full powers specifically for non-gazetted Government employees.
  • Specific Exemptions:
    • Temporary Appointees: Not required to produce a fitness certificate if appointed for a period not exceeding six months. However, if retained beyond this period, a certificate must be produced.
    • Subsequent Appointments: Certain categories like those recruited to Haryana Civil Services from specific registers may be exempt if previously declared fit.
    • Re-employed Retired Employees: Retired Government employees re-employed immediately after retirement may also be exempt.

15. Medical Certificate of Fitness on Subsequent Appointment with or without Break

  • Scope: Applies to appointments from one post to another within or between departments or organizations under the Haryana Government.
  • Requirement: A fresh medical certificate of fitness is not required if:
    • The incumbent was previously examined by a competent medical authority and declared fit, meeting or exceeding the required medical standards for the new post.
    • The break between appointments does not exceed one year.
  • Exceptions:
    • If the break period exceeds one year, a new medical certificate of fitness is necessary.
    • Regularization of service or fresh appointments on the same post for individuals previously employed on daily wages, part-time, contract basis, or similar statuses do not require a fresh medical certificate.

Notes:

  1. Break Period: If the gap between appointments exceeds one year, even for individuals previously declared fit, a new medical examination is mandatory.

  2. Regularization: For cases where individuals transition from temporary to permanent roles on the same post, a new medical certificate is not necessary.

16. Fitness of Woman Candidate in a State of Pregnancy

  • General Rule: A woman candidate found fit except for pregnancy may be temporarily unfit for posts that do not require extensive training.
  • Exception: If the post involves hazardous duties (e.g., in the Police Department) requiring training, she may be temporarily unfit due to pregnancy.

17. Defect in Fitness Prior to Subsequent Appointment by Transfer

  • Context: When a government employee with a noticed defect is transferred to another post or department where duties are different, the transfer is not considered permanent until:
    • The competent medical authority certifies that the defect has disappeared, or
    • Confirms that the defect does not disqualify the employee for the new duties.

18. Appeal Against Medical Examination of Fitness

  • Process: If a person disagrees with the decision of the medical board regarding fitness on first or subsequent appointments, they can request re-examination by a medical board at the Post Graduate Institute of Medical and Science, Rohtak.
  • Finality: The report from this medical board is final, and no further re-examination is allowed.

19. Medical Fitness for Efficient Discharge of Duties

  • Authority: The appointing authority can require a government employee to appear before a medical board to assess physical fitness for efficiently carrying out job duties.
  • Expenditure: Government bears the cost of the medical examination, including travel expenses. If the employee is found fit, the prescribed fee is refunded.

20. Appeal Against Adverse Findings of Medical Examination to Retain in Service

  • Appeal Process: If a government employee is deemed unfit for service by a medical board, they have the right to appeal to the Director General of Health Services, Haryana.
  • Conditions: The appeal must be filed within thirty days of receiving the decision. The employee must present evidence suggesting a possible error in the medical board’s judgment to the appointing authority or Head of Department.

21. Fee for Medical Examination on Appeal

  • Fee Structure:
    • Gazetted officers: ₹1,000
    • Non-gazetted employees: ₹500
  • Second Appeal: Permissible in cases of doubtful rejection based on visual acuity, with the same fee deposited again.
  • Refunds and Expenses: Successful appellants may be refunded the appeal fee and reimbursed actual traveling expenses up to their entitlement for attending the board.

22. Age for Entry into Government Service

  • Minimum Age:
    • Group-D posts: Minimum age of 16 years
    • Other groups: Minimum age of 17 years
  • Maximum Age:
    • Normally limited to 42 years, with exceptions:
      • Extended by 5 years for:
        • Scheduled Castes/Scheduled Tribes
        • Backward Classes
        • Wives of disabled military personnel
        • Widowed or legally divorced women
        • Judicially separated women living separately for more than two years
    • Further relaxed by 3 years for ex-servicemen based on their military service.
    • Differently abled persons (deaf, dumb, blind, orthopedically handicapped) given a 10-year age concession over and above the upper age limit for direct recruitment.

23. Waiving of Age Limit Restrictions

  • Authority: Competent authorities (Administrative Department, Secretary to Governor, Speaker of Haryana Legislative Assembly) can waive age limit restrictions for certain classes or categories of persons based on special circumstances.

24. Vaccination and Re-vaccination

  • Requirement: Government employees must undergo vaccination and re-vaccination whenever directed by the Government through general or special orders.

25. Whole Time at the Disposal of Government

  • Employment Requirement: A government employee’s entire time is at the disposal of the government that employs them.
  • Employment Flexibility: They can be employed as required by proper authority without additional remuneration, regardless of whether the duties are funded by Union or State revenues or local funds.
  • Headquarters Requirement: Employees must maintain their headquarters at their place of posting and cannot leave without prior approval from the officer-in-charge.

26. Willful Absence is Break in Service

  • Impact of Absence: Any period of willful absence is considered to cause an interruption or break in the employee’s service, unless the competent authority decides otherwise.

27. Duration of Probation

  • Probation Period:
    • Direct Recruitment: Two years, extendable up to three years.
    • Other Appointments: One year.
  • Confirmation: Upon successful completion of probation, the appointing authority issues necessary confirmation orders.

28. Lien on Confirmation

  • Confirmation Rules:
    • A government employee, upon successful probation, is confirmed by the appointing authority.
    • Lien: They acquire a lien on the regular post of their first appointment and relinquish any previous lien on other posts.
    • Limitations: Only one employee can be confirmed against a regular post at a time.
    • A government employee cannot be confirmed against two regular posts simultaneously or against a post where another employee holds a lien.
    • Confirmation is independent of the availability of permanent vacancies in the cadre.

29. Confirmation on Subsequent Appointment

  1. Temporary Government Employee:

    • When a temporary Government employee is subsequently appointed within the same or another Department, confirmation is considered after the successful completion of the probation period for the new post.

  2. Permanent Government Employee:

    • If a permanent Government employee is appointed to another post within the same or another Department by direct recruitment or otherwise:
      • At the time of becoming eligible for confirmation on the new post, the employee must exercise an option:
        • Option 1: Opt for confirmation on the new post.
        • Option 2: Revert back to the previous post.
      • This option must be exercised within three months from the date of the notice issued.
      • Failure to exercise the option within this period will be deemed as opting for confirmation on the new post.
      • Once the option is exercised, it is final, and orders will be issued accordingly by the competent authority.

Notes:

  • Subsequent Appointment in an Organization under any Government:

    • The employee’s lien (right to hold a permanent post) is maintained until the probation period of the new post is completed.

  • Appointment from Another Government:

    • A Government employee appointed by direct recruitment or otherwise from another Government is considered afresh for confirmation purposes.

30. Retention of Lien

  • Permanent Government Employee’s Lien:
    • The employee retains a lien (right) on a regular post under various circumstances:
      • While performing duties of that post.
      • During probation on appointment to another post.
      • During foreign service, deputation, or training.
      • While working on a tenure post.
      • While on leave.
      • While under suspension.

31. Transfer from Higher to Lower Post

  • Conditions for Transfer:
    • A Government employee may be transferred from a higher post to a lower post in an officiating or substantive capacity due to:
      • Inefficiency or misbehavior.
      • Written request of the employee.
      • Abolition of a regular post.

Note:

  • The employee can be re-transferred to the higher post on which they hold a lien, despite the transfer to a lower post.

32. Subscription to Provident Funds or Any Other Fund

  • Requirement:
    • A Government employee may be required to subscribe to:
      • Provident Fund.
      • Defined Contributory Pension Scheme.
      • Insurance Fund.
      • Any other similar fund as specified by the competent authority through appropriate rules.

33. Date of Reckoning Pay and Allowances

  • Commencement and Cessation:
    • A Government employee’s entitlement to pay and allowances for a post begins or ends from the date they assume or relinquish charge of the duties.
    • If assuming or relinquishing charge in the forenoon, entitlement starts or ceases from that day.
    • If assuming or relinquishing charge in the afternoon, entitlement starts or ceases from the next day.

Note:

  • Death While in Service:
    • If a Government employee dies while in service and is not on leave, they are treated as on duty for that day, and pay and allowances for that day are admissible accordingly.

34. Charge of Office

  • Conditions for Handing Over and Taking Over:
    • The charge of an office must be transferred at the headquarters.
    • Both the relieving and relieved Government employees must be present during the transfer of charge.

Notes:

  • Responsibilities:
    • The relieving employee must inform the employee to be relieved about the date of taking charge as early as possible.
    • The employee to be relieved must be ready to deliver charge on the specified date.
    • If more than one day is needed for the transfer, the last date is recorded in the charge report with an explanation.

35. Fixation of Optimum Period for Handing/Taking Over Charge

  • Handling Charge at Different Places:
    • If the charge needs to be transferred at different locations, and both the relieving and relieved employees are required to inspect together, the period spent on handing over and taking over charge is considered duty.
    • The Head of office can allow two days for handing over and taking over charge; if more time is needed, the Head of Department has the authority to decide.

Note:

  • Departmental Guidelines:
    • Administrative Departments, in consultation with the Finance Department, establish the optimum period for handing over and taking over charge in their respective departments, along with a list of items to be transferred.

36. Exceptions in Making Over Charge of Office

  • Relaxation of Conditions:
    • Head of Department for Government employees of Group B, C, and D, and up to district level for Group A, and Administrative Department have the authority to relax the following conditions:
      • Making over charge at headquarters.
      • Presence of both relieving and relieved employees at headquarters, except in cases involving transfer of securities or moneys other than permanent advance.

Notes:

  • Specific Cases:
    • Reasons for transferring charge elsewhere than headquarters must be specified in the orders.
    • The departing employee remains responsible for the money until formally assumed by the successor, in cases involving permanent advances.

37. Retirement as a Condition of Service

  • Superannuation:

    • A Government employee automatically retires from service upon reaching the age of superannuation. The age of superannuation is typically prescribed by the government and varies from country to country and sometimes within different sectors of the government.

  • Premature Retirement in Public Interest:

    • The appointing authority or the government may, in public interest, decide to retire a government employee prematurely before they reach the age of superannuation. This decision can be made irrespective of the employee’s age or length of service.

  • Voluntary Retirement:

    • A government employee may voluntarily retire from service upon attaining a prescribed age or after completing a prescribed qualifying service. This allows employees to retire early if they meet the eligibility criteria set by the government.

  • Compulsory Retirement as a Punitive Measure:

    • In cases of misconduct or other reasons deemed fit by the disciplinary authority, a government employee may be compulsorily retired as a form of punishment. This action can be taken regardless of the employee’s age or length of service.

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