Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com CENTRAL POWER ENGINEERING (GROUP "A") SERVICE RULES, 2005 CONTENTS 1. Short title and commencement 2. Definitions 3. Constitution of the Central Power Engineering (Group A) Service 4. Grades, strength and its review 5. Members of the Service 6. Initial Constitution of Service 7. Future maintenance of the Service 8. Recruitment by advertisement 9. Seniority 10. Probation 11. Posting 12. Deputation 13. Saving 14. Liability to serve Defence Services or posts connected with Defence 15. Disqualifications 16. Residuary matters 17. Power to relax 18. Interpretation SCHEDULE 1 :- . SCHEDULE 2 :- . CENTRAL POWER ENGINEERING (GROUP "A") SERVICE RULES, 2005 In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Central Power Engineering (Group A) Service Rules, 1990, except as respect things done or omitted to be done, the President hereby makes the following rules, namely : 1. Short title and commencement :- (1) These rules may be called the Central Power Engineering (Group "A") Service Rules, 2005 (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires, (a) "Authority" means the Central Electricity Authority and includes all its subordinate offices, (b) "Commission" means the Union Public Service Commission, (c) "Controlling Authority" means the Government of India in the Ministry of Power; (d) "Departmental Promotion Committee" means a Committee constituted under these rules to consider the promotion and confirmation in any grade (e) "duty post" means any post included in Schedule I; (f) "examination" means the Combined Engineering Services Examination conducted by the Commission for recruitment to various duty posts as may be specified by the Commission from time to time; (g) "Government" means the Government of India; (h) "grade" means a grade of the Service; (i) "regular service", in relation to any grade, means the period or periods of service in that grade rendered after selection according to the specified procedure for long term appointments to that grade and includes any period or periods- (i) taken into account for purposes of seniority in case of those appointed at the initial constitution of the Service; (ii) during which an officer would have held a duty post in that grade but for being on leave or otherwise not being available for holding such posts; (j) "Schedule" means a Schedule appended to these rules; (k) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as assigned to them respectively in clauses (24) and (25) of article 366 of the Constitution; (l) "Other Backward Classes" shall be as determined as per the provisions contained in clause (3) of the article 15 of the Constitution; (m) "Service" means the Central Power Engineering (Group A) Service constituted under rule 3: 3. Constitution of the Central Power Engineering (Group A) Service :- (1) On and from the commencement of these rules, there shall be constituted a Service known as the Central Power Engineering (Group A) Service consisting of persons appointed to the Service under rule 6,rule 7 and rule 8. (2) All the duty posts included in the Service shall be classified as Group 'A' posts. 4. Grades, strength and its review :- (1) The duty posts included in the various grades, their numbers and scales of pay on the date of commencement of these rules shall be as specified in Schedule I. (2) Notwithstanding anything contained in sub-rule (1), the Government may;- (a) from time to time make temporary additions or alterations to the strength of the duty posts in various grades; (b) in consultation with the Commission, include in the Service any duty post other than those included in Schedule I or exclude from the Service a duty t post included in the said Schedule; (c) in consultation with the Commission, appoint an officer in a duty post included in the Service under clause (b) to the appropriate grade in a temporary capacity or in a substantive capacity, and fix his seniority in the grade after taking into account continuous regular service in the analogous grade. 5. Members of the Service :- (2) A person appointed under clause (a) of sub-rule (1) shall, on such appointment, be deemed to be the member of the Service in the appropriate grade applicable to him in Schedule I. (3) A person appointed under clause (b) or clause (c) of sub-rule (1), shall be the member of the Service in the appropriate grade applicable to him in Schedule I, from the date of such appointment. 6. Initial Constitution of Service :- (1) All existing officers holding (Group A) duty posts on regular basis, in the Central Power Engineering (Group A) Service on the date of commencement of these rules, shall be members of the Service in the respective grades. (2) The regular continuous service of officers referred to in sub-rule (1) before the commencement of these rules shall count for the purpose of probation, qualifying service for promotion, confirmation and pension in the Service. (3) To the extent, the Controlling Authority is not able to fill the authorized regular strength of various grades in accordance with the provisions of this rule; the same shall be filled in accordance with the provisions of rule 7 and rule 8. 7. Future maintenance of the Service :- (1) The vacant duty posts in any of the grades referred to in Schedule I, after the initial constitution under Rule 6, shall be filled in the manner hereinafter provided in this rule. (2) The method of recruitment, the field of promotion and the field of selection for deputation (including short-term contract) for appointment to duty posts included in the Service shall be as specified in Schedule II: \ Provided that recruitment to duty posts included in the Service may also be made by occasional induction of other qualified persons appointed by the Government in consultation with the Commission in accordance with the provisions of Rule 8. (3) The selection of officers for promotion to the various functional grades of the Service shall be made by selection on the recommendations of the Departmental Promotion Committee in accordance with Part A of Schedule III and the provisions in Schedule IV. Provided that the appointment to duty posts in the Senior Time Scale (Non-Functional) of the Service shall be made according to seniority based on suitability on the recommendations of the Selection Committee constituted in accordance with Part B of Schedule III. (4) Union Public Service Commission shall be consulted in case of amendment any of provision in these Service Rules. The circumstances of consultation with UPSC for filling posts shall be in accordance with Schedule IV. 8. Recruitment by advertisement :- Notwithstanding the method of recruitment prescribed in Schedule- 11, where the Government in consultation with the Commission decides that any duty post in the Service, requiring certain special qualifications and experience is required to be filled, such post shall be filled by advertisement and selection through the Commission after deciding the age-limit, qualifications and experience for appointment in consultation with the Commission on each occasion. 9. Seniority :- (1) The relative seniority of members of the Service appointed to a grade at the time of initial constitution under rule 6 shall be as obtaining on the date of the commencement of these rules: Provided that if the seniority of any such member had not been specifically determined on the said date, the same shall be as determined on the basis of the rules governing the fixation of seniority as were applicable to the members of the Service prior to the commencement of these rules. (2) The seniority of persons recruited to the Service after the initial constitution shall be determined in accordance with the general instructions issued by the Government in the matter from time to time. (3) In the cases not covered by sub-rules (1) and (2), seniority shall be determined by the Government in consultation with the Commission. 10. Probation :- (1) Every officer appointed to the grade of Junior Time Scale of the Service, either by direct recruitment or by promotion, shall be on probation for a period of two years. Every officer appointed to the grade of Senior Time Scale, Junior Administrative Grade and Senior Administrative Grade of the Service by direct recruitment shall be on probation for a period of one year: Provided that the Controlling Authority may extend the period of probation in accordance with the instructions issued by the Government from time to time in this behalf: Provided further that any decision for extension of a probation period shall be taken ordinarily within eight weeks after the expiry of the previous probationary period and communicated in writing to the concerned officer together with the reasons for so doing, within the said period. (2) On the completion of the period of probation or any extension thereof, officers shall be considered for confirmation in terms of the extant orders of the Government. (3) If, during the period of probation, or any extension thereof, as the case may be, Government is of the opinion that the officer is not fit for confirmation, Government may discharge or revert the officer to the post held by him prior to his appointment in the Service, as the case may be. (4) During the period of probation or any extension thereof, candidates may be required by Government to undergo such courses of training and instructions and to pass examinations and tests (including examination in Hindi) as Government may deem fit, on such conditions as may be prescribed by the Government. (5) As regards other matters relating to probation, the matters of the Service will be governed by the instructions issued by the Government in this regard from time to time. 11. Posting :- Officers appointed to the Service shall be liable to serve anywhere in India or abroad. 12. Deputation :- (1) Notwithstanding anything contained in rule 11, officers appointed to the Service or duty posts borne on the cadre of the Service shall be liable to be sent on deputation or on absorption to any other Government Department or to any other Central Service or to a Union Territory or on foreign service to a body whether incorporated or not, which is wholly or substantially owned or controlled by the Government, subject to the Government instructions/orders in force from time to time ordinarily for a period not exceeding three years at a time, which may be extended, where considered necessary, up to a further period of two years: Provided that nothing in this sub-rule shall apply to such officers as are appointed to the Service on deputation from any State Government or any Central or State Government Undertakings or any Semi-Government Department. (2) The conditions of service of officers during the period they are on deputation or on foreign service from the Authority under these rules shall be governed by such orders as may be issued by the Government from time to time: Provided that the conditions of service applicable to such officers immediately before deputation or on foreign service, shall not be varied to their disadvantage during the period they are on deputation or on foreign service. 13. Saving :- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes and other special categories of persons in accordance with the orders issued by the Government from time to time, in this regard. 14. Liability to serve Defence Services or posts connected with Defence :- Every person appointed to the Service, if so required, be liable to serve in any Defence Service or post connected with the Defence of India, for a period of not less than four years including the period spent on training, if any: Provided that such person - (a) shall not be required to serve as aforesaid after the expiry of ten years from the date of appointment to the Service; (b) shall not ordinarily be required to serve as aforesaid after attaining the age of forty years. 15. Disqualifications :- No person, - (a) who has entered into or contracted a marriage with a person having spouse living, or (b) 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 Central 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 for so doing, exempt any person from the operation of this rule. 16. Residuary matters :- The conditions of service of members of the Service in respect of matters for which no provision is made in these rules, shall be the same as are applicable, from time to time, to officers of other Central Civil Service (Group A). 17. Power to relax :- Where the Government is of opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, and in consultation with the Commission, relax any of the provisions of these rules with respect to any class or category of persons. 18. Interpretation :- If any question arises relating to the interpretation of these rules, it shall be decided by the Government. SCHEDULE 1 . SCHEDULE 2 .