The Orissa Service of Engineers (Validation of Appointment) Act, 2002 Complete Act - Bare Act

THE ORISSA SERVICE OF ENGINEERS (VALIDATION OF APPOINTMENT) ACT, 2002

Orissa Act 9 of 2003

[Received the assent of the Governor on the 5th February 2003, first published in an extraordinary issue of the Orissa Gazette, dated the 15th, February, 2003 (No. 218)]

An act to validate the ad hoc appointment of certain assistant engineers made to the Orissa Service of Engineers.

Be

it enacted by the Legislature of the State of Orissa in the Fifty-third Year of the Republic of India as follows:-

This Act may be called the Orissa Service of Engineers (Validation of Appointment) Act, 2002.

In this Act unless the context otherwise requires-

(a)

"Government" means Government of Orissa;

(b)

"Recruitment .Rules" means the Orissa Service of Engineers Rules, 1941;

(c)

"Service" means the Orissa Service of Engineers; and

(d)

"Year" means the Calendar Year.

(1) Notwithstanding anything contained in the Recruitment Rules, seven hundred ninety-nine Assistant Engineers belonging to the discipline of Civil, fifty-seven Assistant Engineers belonging to the discipline of Mechanical and twenty-five Assistant Engineers belonging to the discipline of Electrical as specified in the Schedule with their names, dates of birth, dates of appointment and the name of the Departments under which they are working on ad hoc basis since the date of such appointment shall be deemed to be validly and regularly appointed under their respective Department of the Government against the direct recruitment quota of the service with effect from the date of commencement of this Act and, accordingly, no such appoint ment shall be challenged in any court of law merely on the ground that such appointments were made otherwise than in accordance with the procedure laid down in the Recruitment Rules.

(2) The inter se seniority of the Assistant Engineers whose appointments are so validated shall be determined according to their dates of appointment on ad hoc basis as mentioned in (he Schedule and they shaft be unblock junior to the Assistant Engineers of that year appointed to the service in the respective discipline in their cadre in accordance with the provisions of the Recruitment Rules.

(3) The services rendered by the Assistant Engineers whose appointments are so validated, prior to the commencement of this Act shall, subject to the provisions in sub-section (2), count for the purposes of their pension, leave and increment and for no other purpose.

SCHEDULE

AD HOC

BASIS

1.

Department of Water Resources

Chief Engineer, Minor Irrigation (M.I. Cadre)

(c) Chief Engineer, Mechanical (E.I.C., W.R. Cadre)