R.1 Short title and commencement

       (1) These rules may be, called the Orissa Civil Service (Fixation of Upper Age-Limit) Rules, 1989.
        (2) They shall come into force on the date of their publication in the Official Gazette.

R.1(a) Definitions

       (a) Physically handicapped person means such person as mentioned in the General Administration Department Resolution No. 15338-Gen., dated the 4th May, 1981.
       (b) Scheduled Castes and Scheduled Tribes means such castes and Tribes as notified by the President of India from time to time under Articles 341 and 342 of the Constitution of India respectively;
(c) Socially and Educationally Backward Class means the backward classes of Citizen other than the Scheduled Castes and Scheduled Tribes as may be specified by the State Government from time to time in the lists under the Orissa State Commission for Backward Classes Act, 1993.

R.2 Upper age-limit for entry into Government service

       Notwithstanding anything contained in any recruitment rules regulating the method of recruitment in Civil Services and/or Civil Posts in pensionable establishment under the State Government, the upper age-limit for entry into Government service shall be 2[thirty-two] years except where a higher upper age-limit has been prescribed or any such service or post :
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        4[Provided further that if for any reason applications have not been invited by the authority competent to conduct examination during any particular year to fill up the vacancies of that year, applicants, who would have been eligible if applications were invited during that year, shall be eligible to compete at the examination held in the subsequent year. This proviso will also apply to cases where advertisements have already been issued for recruitment to services and

R.3 Applicability

The assistance shall be applicable to a member of the family of the Government servant who dies while in service.

R.4 Objective of the scheme

The rehabilitation assistance is conceived as a compassionate measure of saving the family of a Government servant from immediate distress when the Government servant suddenly dies while in service. The concept is based on the premises that in case of sudden death his family would not face starvation. The scheme has a direct relationship with the economic condition of the family of the Government servant. Appointment of the family member of the Government servant under these rules shall be subject to the provisions contained in Rule 9 and can not be claimed as a matter of right.

R.5 Appointment to be made in deserving cases

       In deserving cases, a member of the family of the Government servant who dies while in service may be appointed to any Group C or Group D posts only by the appointing authority of that Deceased Government servant provided he/she possesses requisite qualification prescribed for the post in the relevant recruitment rules or instructions of the Government without following the procedure prescribed for the recruitment to the post either by statutory rules or otherwise irrespective of the fact that recruitment is made by notification of vacancies to the Employment Exchange or through recruitment examination under relevant recruitment rules. At the time of notifying such vacancies to the Employment Exchange or the examining authority, the employer shall clearly mention that the vacancy is proposed to be filled up under rehabilitation assistance scheme and so, sponsoring of candidates by Employment Exchange or the examining authorit

R.6 Authority competent to make compassionate appointment

The authority competent to make substantive appointment to the post shall be the competent authority to make appointment under these rules.

R.7 Posts to which such appointment can be made

Appointment under these rules shall be made once against any post either in Group C or in Group D which is a base post in the said groups and the maximum scale of pay for such posts in Group C and Group D shall not exceed Rs.6,000 and Rs.3,200 respectively, as revised by the Government from time to time, when a member of the family has been appointed to a particular post, no further claim shall be entertained for appointing the same person to a higher post. For any further advancement in service, he will have to take his chance in the normal course and compete with other eligible persons.

R.8 Mode of appointment

       (1) (a) 1[Application for an appointment shall be made in Form A to these rules to the appointing authority under whom the deceased Government servant last worked, by registered post with A.D.]
       (b) On receipt of the application the appointing authority shall send a requisition to the Collector of the district in which the family ordinarily resides calling for a report as to whether the family is in financial distress.
       (c) On receipt of a requisition from the appointing authority under Rule 8(b), the Collector of the district concerned shall cause an enquiry into the matter and furnish his report to the appointing authority within one month from the date of receipt of the requisition.
       (d) The appointing authority, upon receipt of the report, shall consider the same and in case of favourable rep

R.9 Condition of service

       (1) Appointment under these rules can be made only against the posts required to be filled up by direct recruitment and not against promotional posts.
        (2) 2[Subject to the provisions contained in Sub-rule (3) the applicant for appointment to a particular post, under the rehabilitation assistance scheme, must have the requisite qualifications as prescribed in the relevant recruitment Rules/Resolutions or Instructions regulating the recruitment to the said post.]
        (3) 2[Where a widow of the deceased Government servant is appointed on compassionate ground against a Group D post, she is not required to satisfy the educational qualification prescribed for the said post, provided the duties attached to the post can be satisfactorily performed without having the requisite educational qualification.
       

R.10 Termination of service

Suppression of correct information or furnishing of false information in the application shall render the applicant liable for removal from service in addition to other legal action to which he/she may be liable under the existing laws and this will also debar other members of his family from getting appointment under these rules.

R.10(a) .

If any person after execution of an undertaking under Clause (v) of Sub-rule (10) of the said Rule 9 violates the terms as specified therein the same act would amount to gross misconduct for imposition of major penalty by the appointing authority.

R.11 Extension of the Scheme

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Deleted vide G.A. Department notification No.28761, dated 7.10.1998.

R.12 Repeal and Savings

       All instructions corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed.
        Notwithstanding such repeal any order passed or action taken under the instructions so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

R.13 .

Seniority of persons, appointed under these rules, in the grade of cadre of the service or posts in which the appointment is made shall be fixed below the persons recruited and appointed in that grade or cadre in that years as per the provisions of the relevant recruitment rules framed under Article 309 of the Constitution and in other cases according to their date of joining in the post.

R.14 Interpretation

If any question arises relating to the interpretation of any provision of these rules, it shall be referred to the Government in General Administration Department for a decision.

R.15 Overriding effect

The provision of these rules shall have effect notwithstanding anything to the contrary in any other recruitment rules made under the proviso to Article 309 of the Constitution including the Orissa ex-Servicemen (Recruitment to the State Civil Services and Posts) Rules, 1985.

R.16 .

       (1) The State Government where satisfied that the operation of all or any provisions of these rules causes undue hardship in any particular case, it may dispense with or relax the provisions to such extent as it may consider necessary for dealing with the case in a just and equitable manner.]
        (2) Such cases shall be examined in General Administration Department and orders of Chief Minister shall be obtained.
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       3. Inserted vide G.A. Department notification No.16289, dated 26.7.1993.

ANNEXURE.A ANNEXURE-A

       ANNEXURE-A
       [See Rule 8(1) (a)]
       FORM OF APPLICATION FOR APPOINTMENT UNDER THE REHABILITATION ASSISTANCE SCHEME (TO BE SUBMITTED IN DUPLICATE)
       PART I
       1. Name of the deceased Government Servant.
       2. Designation and Office/Department of the Government Servant
       3. Whether permanent or temporary
       4. Total length of Service rendered
       5. Date of death (Enclose an attested copy of the death certificate issued by the Health & Family Welfare Department)
       6. List of family members as per the legal heir certificate issued by the concerned Tahasil