EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 579, CUTTACK, MONDAY, APRIL 16, 2018/ CHAITRA 26, 1940

LAW DEPARTMENT

OFFICE MEMORANDUM

The 13th April, 2018

No. 3805–III-OE-02/2017/L.— Framing of a set of rules under proviso to Article 309

of the Constitution of India for recruitment to the Ministerial posts of the Legislative Wing

and the Official Language Branch of Law Department are under consideration of

Government. Pending finalisation of framing of the said rules, Government have been

pleased to issue the following instructions regulating recruitment to the Ministerial posts of

the Legislative Wing and the Language Branch of Law Department in order to start the

process of recruitment soon for filling up of the vacant posts until further orders.

1. Short title and commencement:— (1) These instructions are a set of

executive instruction guiding Method of Recruitment and Condition of Service of the

(Odisha Secretariat Law Department) Ministerial Officers of the Legislative Wing and the

Language Branch of the Law Department.

(2) They shall come into force on the date of their publication in the Odisha

Gazette.

2. Definitions:—(1) In these instructions, unless the context otherwise requires,—

(a) “Commission” means the Odisha Public Service Commission;

(b) “Committee” means the Selection Committee constituted under instruction

13;

(d) “Government” means the Government of Odisha;

(e) “Person with Disabilitis” means persons who have been granted with

disabilities certificates by the competent authority as per the provisions of the

Persons with Disabilities (equal apportunities, Protection of Rights and Full

Participation) Odisha Rules, 2003;

(f) “Scheduled Castes and Scheduled Tribes” shall have the same meaning as

are assigned to them by clauses (24) and (25) of article 366 of the

Constitution of India;

(g) “Schedule” means Schedule appended to these rules;

(h) “SEBC” means Socially and Educationally Backward Classes of citizens

other than Scheduled Castes and Scheduled Tribes as defined in clause

(a) of section 2 of the Odisha State Commission for Backward Classes Act,

1993;

(i) “Service” means Service constituted under rule 3;

(j) “Sports person: means persons who have been issued with identity card as

Sports person by the Director, Sports as per Resolution No. 24808/Gen.,

dated the 18th November, 1985 of General Administration Department; and

(k) “Year” means the calendar year.

(2) All other words and expressions used in these rules, but not specifically

defined, shall unless the context otherwise requires, have the same meaning as have

been assigned to them in the Odisha Service Code.

3. Constitution of Service. — (1) The service shall consist of such grade and

posts as specified in Columns (1) and (3) of the Schedule-I.

(2) Notwithstanding anything contained in these instructions, the employees who

were appointed prior to the commencement of these instructions and continuing as such

shall be deemed to have been appointed in their respective posts in the service from the

date of publication of these rules.

4. Method of recruitment:— Subject to the other provisions made in these

instructions, the recruitment to the posts mentioned in the Schedule-I in different Grade of

the Service shall be made by following methods, namely: —

(a) in respect of posts in Grade-I by direct recruitment in accordance with the

provisions made in Para (1) of instruction- 7 and instruction-8.

(b) in respect of posts in Grades-II, not more than 50% vacancies by direct

recruitment in accordance with the provisions of instruction-7 (2) and

instruction-8 and not less than 50% vacancies by way of promotion from

Grade-I in accordance with the provisions of instruction-11 (2):

Provided that in case of non- availability of suitable employee in the post in Grade-I

or in the post of Pasting Clerk, for promotion to the post in Grade-II, the same shall be

filled up by direct recruitment through competitive examination in accordance with

instruction 7 (2):

Provided further that when only one vacancy arises in the year in Grade-II, it shall

be filled up by promotion and the next one shall be filled up by direct recruitment even if is

is a single vacancy of the next or subsequent year.

availability of suitable persons for promotion the same shall be filled up by way

of deputation.

5. Reservation:— (1) Notwithstanding anything contained in these instructions, the

posts shall be reserved for the candidates belonging to, —

(a) Scheduled Castes or Scheduled Tribes in accordance with the provisions of

the Odisha Reservation of Vacancies in Posts and Services (for Scheduled

Castes and Scheduled Tribes) Act, 1975 and the rules made there under; and

(b) SEBC, Women, Sportsperson, Ex-Servicemen and persons with disabilities in

accordance with the provisions of such Acts or rules, orders, Resolutions or

instructions as have been issued in this behalf by the Government, from time to

time.

(2) Nothing in these instructions shall affect other concession including age

relaxation required to be provided for Scheduled Castes, Scheduled Tribes, SEBC,

Women, person with disabilities and other special category of persons in accordance with

the orders issued by the Government, from time to time, in this regard.

6. Eligibility criteria for direct recruitment:— (1) Save as provided in these

instructions, a candidate in order to be eligible for direct recruitment must, —

(a) be a citizen of India;

(b) be of good Character;

Provided that Government may, if satisfied that such marriage is permissible under

the personal law applicable to such person and the other party to the marriage and that

there are other grounds so doing exempt any person from the operation of this instruction.

(d) be of good mental condition and physical health and free from any

physical defect likely to interfere with the discharge of his duties in the

service:

Provided that a candidate, who after such medical examination as the

Government may prescribe, is not found to satisfy these requirements shall

not be appointed to the service;

(e) be able to speak, read and write Odia and English and Odia as main

subject which includes compulsory or elective at H.S.C. or in equivalent

examination or +2 level;

(f) be not less than twenty-one years and more than thirty-two years on the

date of application :

Provided that the upper age limit in respect of reserved categories of candidates

referred to in rule 5 shall be relaxed in accordance with the provisions of the Act, rules,

orders or instructions, for the time being in the force, for their respective categories.

(2) Notwithstanding anything contained in clause (f) of Para. (1) of instruction 6, the

Group-‘D’ employees of the Law Department , having ten years experience in service and

having the requisite qualification mentioned in Para. (1) of instruction 7 and within forty-five

years of age on the date of advertisement shall be eligible to appear the competitive

examination along with other.

7. Minimum Educational Qualification:— (1) A candidate in order to be eligible

for direct recruitment to the posts in Grade-I must have,-

(a)

Passed

examination in any discipline or equivalent examination

;

(b) Possessed basic knowledge in Computer Application on the subject

specified in Schedule II; and

speed of 40 words and 20 words per minutes typing in English and Odia

respectively.

(2) A Candidate in order to be eligible for direct recruitment to the posts in

Grade –II must , —

(a) have possessed a degree in any discipline from a recognised University

with English and Odia as main subject which includes compulsory or

elective at H.S.C. or +2 level;

(b) have experience in printing work in English or Odia in Central

Government or a State Government Press or any other press which is

dealing with printing works on books and journals and like or in the

Newspaper office at least for a period of five years;

(d) have possessed basic knowledge in Computer Application on the subject

specified in Schedule-II.

8. Procedure for Direct Recruitment:— (1)The Government in the Law

Department shall intimate the Odisha Staff Selection Commission the number of vacancies

of the posts in Grade-I and Grade- II where the post in such Grade is to be filled up by

direct recruitment already existing and the vacancies likely to occur in that year indicating

therein the number of post or posts ( category wise)in the said Grade required to be filled

up.

(2) On receipt of the intimation from Government in Law Department, the Odisha

Staff Selection Commission shall publish the advertisement in two widely circulated Odia

dailies, inviting applications from the candidates eligible to appear in the competitive

examination indicating therein the date, time and place of the examination.

(3) The application forms, the documents required to be accompanied with the

application form, scrutiny of the applications and admission to the examination shall be

such as may be decided by the Odisha Staff Selection Commission.

9. Scheme of Examination:— (1) The subject, pattern and the scheme of

examination for posts in Grade-I and Grade-II, where a post in such Grade is to be filled up

by direct recruitment, shall be as may be decided by the Odisha Staff Selection

Commission in consultation with the Law Department:

Provided that the written test shall be based on language test in both English

and Odia and Computer test:

Provided further that where advertisement has been made for filling up of the

post in Grade-I, the Odisha Staff Selection Commission shall in addition to written

examination conduct typing test both in English and Odia.

10. Select List:— (1) The Staff Selection Commission shall prepare a select list of

the candidates, who come out successful in the written examination and computer test,

equal to the number of vacancies advertised and such list shall be in accordance with the

merit of the candidates.

(2) The list referred to under Para. (1) shall ordinarily remain in force for a period of

one year from the date of publication of the same by the OSSC or until another select list

is prepared afresh whichever is earlier.

11. Appointment to the promotional posts:— (1) Subject to the provisions

contained in these instructions, a person in the service shall be eligible for promotion from

a lower Grade to the next higher Grade.

(2) The posts in Grade-II (Proof Reading Assistant) which exist in the Legislative

Wing and also in the Translation Branch of the Law Department shall be filled up by the

employee who holds the post in Grade-I in the service and Pasting Clerk in the Law

Department, Library and having five years of experience in their respective posts subject

to qualifying in a departmental test in English Proof Reading and Odia Proof Reading.

(3) The posts in Grade-III (Senior Proof Reading Assistant) which exists in the

Legislative Wing as well as in the Language Branch of Law Department shall be filled up

by way of promotion by the employee who holds the post in Grade-II and having at least

three years of experience as such.

(4) The posts in Grade-IV (Special Assistant which exists in the Language Branch

and the post of Gazette Assistant which exists in the Legislative Wing) shall be filled up by

promotion by the officer who holds the post in Grade-III and having two years of

experience as such.

(5) The post in Grade-V (Officer on Special Duty) which exists in the State Law

Commission and the Superintendent of the Legislative and Codification Section shall be

filled up by way of promotion by the officer who hold the post in Grade-IV and having two

years’ experience in their respective posts.

12. Deputation:— (1) In case of non-availability of suitable persons to be filled up

by promotion;—

(a) to the post in Grade-III as mentioned in Para. (3) of instruction 11, the same

shall be filled up by way of deputation by the person working in similar or

equivalent grade on regular basis in the Central Government Offices/ Press or

by way of deployment by the person working in similar and equivalent grade on

regular basis in the State Government Offices, with having educational

qualification and minimum eight years of experience in printing works or Proof

Reading works;

(b) to the post in Grade-IV as mentioned in Para. (4) of instruction 11, the same

shall be filled up by deployment by the person working as Section Officer on

regular basis in any other Departments of the Government; and

shall be filled up by way of deployment by the person working as Desk Officer

on regular basis in any other Department of Government.

(2) The Selection Committee constituted under Para. (1) of instruction 13 shall also

consider the suitability of a person for appointment of deputation to the posts in Grades-III,

IV and V.

13. Constitution of Selection Committee:— (1) There shall be constituted a

Selection Committee consisting of the following members to consider for promotion to

different Grades in the Service , namely:—

(i) L.R.-cum-Special Secretary or in his

absence the Special Secretary,

belonging to Odisha Legislative Service.

- Chairman

(ii) Additional Secretary (Judicial) or

in his absence Additional Secretary

belonging to Odisha Legislative Service.

Member

(iii) An Officer not below the rank of the Deputy

Secretary belonging to Odisha Legislative

Service or Odisha Secretariat Official

Language Service nominated by the

Secretary to Govt., Law Department.

Member

(iv) Under Secretary or Deputy Secretary

in-charge of (O.E.)

- Member Convener

(v) A representative not below the rank of

Under Secretary from the S.T. and S.C.

Development, Minorities and Backward

Classes Welfare Department nominated

by the Secretary of that Department.

Provided that for the purpose of conducting Departmental test in English Proof

Reading and Odia Proof Reading as mentioned in instruction 11, Secretary of the

Department may nominate a person expert in the Proof Reading work.

(2) The recommendation of the Committee shall be valid and can be operated upon

notwithstanding the absence of any one of its members other than the Chairman:

Provided that the member so absenting was duly invited to attend the meeting of

the Committee and the majority of members of the Committee attended the meeting.

14. Procedure for selection by the Committee:— (1) The Committee shall meet

at least once in a year preferably in the month of January to prepare a list of officers or

employees as the case may be, as are held by them, suitable for promotion to the next

higher grade taking into account the existing vacancies and the anticipated vacancies of

the year.

(2) The Committee while considering the promotion cases of suitable officers or

employees as the case may be, and preparation of the list shall follow the provisions of,—

(a) the Odisha Resrvation of Vacancies in Posts and Services ( for Scheduled

Castes and Scheduled Tribes) Act, 1975 and the rules made thereunder;

(b) the Odisha Civil Services (Zone of consideration for Promotion) Rules, 1988;

(d) the Odisha Civil Services ( Criteria for Selection for Appointment including

Promotion) Rules, 2003.

(3) The Selection Committee shall, after considering the cases of all eligible

candidates, prepare a list of all candidates who in its opinion are suitable and recommend

them for appointment on promotion to the next higher Grade and the list so prepared shall

be submitted to the Secretary to Government for approval in case of promotion from the

posts in Grade-I to Grade-II and from Grade-II to Grade –III.

(4) The recommendation of the Selection Committee for promotion to the posts in

Grade-III to Grade- IV and from Grade-IV to Grade-V shall be referred to the Commission

by the Department.

15. Select List in case of promotion:— (1) The recommendations of the

Commission in respect of reference made to it under Para. (4) of instruction 14 shall after

being approved by Government form the select list.

(2) The lists referred to under Para. (1) shall ordinarily be in force for a period of one

year from the date of its approval by the Government or until another select list is prepared

afresh whichever is earlier.

(3) Appointment to any post in the service shall be in the order in which their names

appear in the select list.

16. Probation and Confirmation:— (1) Every person appointed to the service by

direct recruitment shall be on probation for a period of two years and when appointed on

promotion shall be on a probation for a period of one year from the date of joining the post:

Provided that the appointing authority may, if he thinks fit, in any case or class of

cases, extend the period of probation:

Provided further that such period of probation shall not include —

(a) extraordinary leave;

(b) period of unauthorized absence; or

(2) The appointment of a probationer may, for good and sufficient reasons to be

recorded in writing, be terminated by Government at any time without previous notice

during the period of probation including extension of such period and in the event of such

termination a promotee shall be deemed to be reverted to his previous post.

(3) A probationer after successful completion of the period of probation to the

satisfaction of Government shall be eligible for confirmation against a substantive post in

the cadre.

17. Inter-Se-Seniority:― The inter-se-seniority of the persons appointed to the

posts in different grades of service in a particular year shall be in the order in which their

names appear in the select list.

18. Relaxation:— Where the Government is of the opinion that it is necessary on

expedient so to do in the public interest, it may, by order, for reasons to be recorded in

writing, relax any of the provisions of these rules in respect of any class or category of

employees.

19. Interpretation:— If any question arises relating to the interpretation of these

instructions, it shall be referred to the Government whose decision thereon shall be final.

Schedule – I

(See instruction 3)

Grade

Strength

of Posts

Designation of

Posts

Number of Posts

Scale of Pay

under the ORSP

Rules,2008

(1)

(2)

(3)

(4)

(5)

Legislative

Wing

Language

Branch

(a) (b)

Grade-I

Copy Holder

Typist-cum-

Scribe Assistant

5200/--

20,200/-

with G.P. – 1900/-

PB-1

Grade-II

Proof Reading

Assistant

5200/- - 20,200/-

with G.P.- 2400/-

PB-1

Grade-III

Senior Proof

Reading

Assistant

9300/- - 34,800/-

with G.P. – 4200/-

PB-2

Grade-IV

Special Assistant

Gazette

Assistant

9300/- - 34,800/-

with G.P. – 4600/-

PB-2

Grade-V

O.S.D.

Superintendent

9300/-

-34,800/-

With G.P. -4800/-

PB-2

Schedule - II

[See instruction 7(1) and (2) ]

Basic Knowledge in Computer Application:―

A. Computer Fundamentals.

B. MS Windows.

C. MS Office;

(i) Word processing (MS Words)

(ii) Spread sheet (MS Excel)

D. Usage of internet services available on internet.

By Order of the Governor

B. P. ROUTRAY

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 56-173+100