Karnataka Civil Services (1998 batch Gazetted Probationers) (Declaration of Probation and Fixation of Pay) (Special) Rules, 2020.

(cid:315)ಶೇಷ ರರಾಜಯ್ ಪತಿತಿರ್ರ್ಕೆ ¨sÁUÀ – 4J ಬಬೆಂಗಳೂರು, ಮಂಂಗಳವಾರ,16, ಜಜೂನ್, 2020( ಜಜೆೆಯ್ಯ್ೕಷಠ್ ,26, ಶಕವಷಷ೵, ೧೯೪2) ನಂ. 2002 Part – IVA Benngaluru, TUESDDAY, 16, JUNE,,2020( Jyesthaa,26, ShakaVarrsha, 1942) No. 2002 GOVEERNMENTT OF KARRNATAKAA No: DPAAR 09 SeLLoSe 2019 (Part-3) Kaarnataka Goovernment SSecretariat, Viddhana Souddha, Bangalore, dated: 155.06.2020. NOTIFFICATIONN Wheereas, the KKarnataka PPublic Servvice Commmission had published Final Selecction LList of 1998 batch on 28.02.20066, after commpletion of tthe process of selectionn in accorddance wwith the KKarnataka GGazetted Prrobationerss (Appointmment by CCompetitive Examinatiions) RRules, 19977. In 2006, the Governnment appoointed the caandidates foor the postss for which they wwere selectted. Whereaas, the Karnnataka Publlic Service Commissioon had publlished the reevised selecction llist in the KKarnataka Gazette exttra ordinaryy No. 69 ddated 28.01.2019 vide notificationn on 225.01.20199 as per 2ndd direction oof the Hon’bble High Coourt’s orderr dated 21.006.2016 in WW.P. NNo. 276744/2012 andd connecteed cases. Subsequenttly, the KKarnataka Public Serrvice Commissioon has publiished the final revisedd selection list in the GGazette videe notificatioon on 222.08.20199 as per 3rrd directionn and this selection llist is the final selecttion list off the selection prrocess. Whereaas, the revaaluation andd moderatioon of answeer scripts annd re-publiication of select llist after a llapse of sevveral years of appointmment has leed to changge of servicee or departmment oor cadre off 173 candiddates or offficers. Appoointing the officers whho have unddergone change iin Departmment or cadrre in the neew service uunder probation even though theey have put in a ddecade of sservice in thhe Governmment, will lead to discrrepancy in pay and prromotion too that oof their junniors of the same batch or select list. Hencee, it is conssidered necessary to frrame special rulees wherein protection is proposeed to be exttended to tthe officerss who are inn no wway responnsible for suuch alteratioon of final sselect list. (1)2 Therefore, the draft of the Karnataka Civil Services (1998 batch Gazetted Probationers) (Declaration of Probation and Fixation of Pay) (Special) Rules, 2020, which the Government of Karnataka proposes to make in exercise of the powers conferred by sub- section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (a) of sub-section (2) of the said section for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette. Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and Suggestions may be addressed to Secretary to Government, Department of Personal and Administrative Reforms, Vidhana Soudha, Bangalore-560001. DRAFT RULES 1. Title and Commencement:- (1) These rules may be called the Karnataka Civil Services (1998 batch Gazetted Probationers) (Declaration of Probation and Fixation of Pay) (Special) Rules, 2020. (2) They shall come into force from the date of their final publication in the official Gazette. 2. Definitions:- (1) In these rules, unless the context otherwise requires,- a) “1998 batch Gazetted Probationer” means an officer who is selected as per the Karnataka Public Service Commission selection list published on 28.02.2006 and also selected as per the final revised select list of 1998 batch, published by the Karnataka Public Service Commission on 22.08.2019, (hereinafter referred to as final revised select list) in accordance with the Karnataka Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 in pursuance with the judgment passed by the Hon’ble High Court in W.P. No. 27674/2012 c/w 41366/2012, 27730/2012, 43718 and 43720-43732/2012, 4297/2013, 1733/2013 on 21-06-2016 and orders of the Hon’ble Supreme court in its order dated: 11.04.2018 upholding the order dated: 21.06.2016 of the Hon’ble High Court of Karnataka. b) “Fresh Candidate” means new candidates who are inducted into the service in accordance with the Karnataka Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 as per the order dated 21.06.2016 of the Hon’ble High Court of Karnataka and find place in the final revised select list dated 22.08.2019 but were not selected in the 2006 original select list.3 c) “New Service” means service or cadre allotted to the 1998 batch Gazetted Probationer as per the final revised select list dated 22.08.2019. d) “Previous or earlier Service” means post held by the 1998 batch Gazetted Probationer as per 2006 original select list (hereinafter referred to as original select list) in accordance with the Karnataka Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997. 3. Application:- (1) These rules shall be applicable to the 1998 batch Gazetted Probationer who has joined the service in pursuance to the 2006 original select list and who has undergone change in Service or Department or cadre as per final revised selection list dated 22.08.2019 and have joined the new service and continued to serve on the date of commencement of these rules. (2) These rules shall not be applicable to-, (i) Fresh candidates; (ii) 1998 batch Gazetted probationers-, a) who will not undergo any change in any Service or Department or Cadre or Post vis-a-vis the original select list of 2006 and final revised select list dated 22.08.2019; b) who were appointed in pursuance to the said original selection list of 2006 but had left the service or not reported or had died before the date of commencement of these rules; 4. Declaration of Probation:- Notwithstanding anything contained in the Karnataka Civil Services (Probation) Rules, 1977 and the Karnataka Civil Services (General Recruitment) Rules, 1977 or any other rule governing their service conditions, the 1998 batch Gazetted probationers who have been appointed in pursuance to the order of the Hon’ble High Court dated 21.06.2016 and successfully completed the probation period in the previous or earlier service of 1998 batch and joined the new service shall be deemed to have satisfactorily completed their period of probation in the new service and deemed to be declared as such irrespective of passing in departmental examination, but found otherwise suitable. Provided that the 1998 batch Gazetted probationers whose probation is declared as above shall complete their respective departmental examination before they are considered for further promotion. 5. Fixation of pay:- Notwithstanding anything contained in the Karnataka Civil Service Rules, the pay of the officers of the 1998 batch Gazetted Probationer after his entry into a new service in the relevant post and pay scale shall be fixed at the level he would have drawn had he been initially appointed to the said new post or service or department or cadre from the beginning at which his immediate junior in 1998 batch select list had drawn from time to time.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 4 Provided that in case if there is no junior in the list of the new service, the consequential benefits shall be regulated for pay as if others who are appointed normally from the date of appointment of the 1998 batch Gazetted Probationer would have drawn from time to time. Provided further that the monetary benefit on this account if any shall accrue prospectively from the date of their entry into the new service without any claim for payment for the previous or earlier service. By Order and in the name of the Governor of Karnataka (M. Umesh Shastry) Under Secretary to Government Department of Personnel and Administrative Reforms (Services-7) ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು