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LAXMIKANT: CHAPTER 62.3 PUBLIC SERVICES BY NANDINI MAHARAD
ABOUT ME o BA (Hons.) History Lady Shri Ram College for Women o MA Applied Human Rights Sheffield Hallam University o Kapila Hingorani Scholar o Hobbies: reading, dancing o Rate, review and recommend! o Follouw me e https://unacademy.com/user/NandiniMaharaj
TOPICS CONSTITUTIONAL PROVISIONS o Recruitment And Service Conditions o Tenure of Office
CONSTITUTIONAL PROVISIONS Articles 308 to 314 in part XIV of the Constitution contain provisions with regard to all-India services, Central services and state services. Article 30% makes it clear that these provisions do not apply to the state of Jammu and Kashmir.
RECRUITMENT AND SERVICE CONDITIONS o Article 309 empowers the Parliament and the state legislatures to regulate the recruitment and the conditions of service of the persons appointed to public services and posts under the Centre and the states, respectively o Until such lauss are made, the president or the governor can make rules to requlate these matters. o Recruitment includes any method provided for inducting a person in public service Like appointment, selection, deputation, promotion and appointment by transfer.
o The conditions of service of a public servant includes pay allowances, periodical increments, leave, promotion, tenure or termination of service, transfer, deputation, various types of rights, disciplinary action, holidays, hours of work aid retirement benefits like pension, provident fund gratuity and so on. Under this provision, the Parliament or the state legislature can impose reasonable' restrictions on Ehe Fundamental Rights of public servants in the interests of integrity, honesty, efficiency, discipline, impartiality, secrecy neutrality, anonymity, devotion to duty and so on. o Such restrictions are mentioned in the conduct rules Like Central Services (Conduct) Rules, Railway Services (Conduct) Rules and so on.
TENURE OF OFFICE o According to Article 310, members of the defence services, the civil services of the Centre and the all-India services or persons holding military posts or civil posts under the Centre, hold office during the pleasure of the president. o Similarly, members of the civil services of a state or persons holding civil posts under a state, hold office during the pleasure of the governor of the state.
o However, there is an exception to this general rule of dismissal at pleasure. o The president or the governor may (in order to secure the services of a person having special qualifications) provide for the payment of compensation to him in two cases: o () if the post is abolished before the expiration of the contractual period, or o (ii) if he is required to vacate that post for reasons not connected with misconduct on his part.
Notably, such a contract can be made only with a neu entrant, that is, a person who is not already a member of a defence service, a civil service of the Centre, an all-India service or a civil service of a state.
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