STATE GOVERNMENT IS RESPONSIBLE TO FOLLOW MODE OF RECRUITMENT AND APPOINTMENT, UNDER LAW CODE MANUAL PREFIXED UNDER ARTICLE 309 OF THE CONSTITUTION OF INDIA AND ACT, ACCORDING TO THE APPROPRIATE LEGISLATURE

Article 309 of the Constitution of India, subject to the provisions made under Acts of the appropriate legislature may, by law, regulate the recruitment, and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any state, but the Governor of a State or such person as he may direct in the case of services and posts in connection with affairs of the State, to make rules regulating the recruitment, and the conditions of the service of persons appointed to such services of posts untill provision in that behalf is made by or under an Act of the appropriate Legislature under this Article and any rules so made shall have effect subject to the provisions of any such Act. The Authority may take decision under law code manual prefixed by the Article 309 of the Constitution of India for the required posts providing rules regulating the recruits and conditions of service of persons appointed to Government services and posts. Keeping in view the situation and position of existing vacant slots in the posts on the captioned subject of vacancy position related to temporary structure of recruitment together with substantial changes/amendments there to , it is also necessary to follow existing practice in accordance with all references for re-classification /upgradation of posts however their approval should be obtained from the department of finance and personnel Departments. In this connection it has also been decided where re-classification/upgradation is necessary under law code manual prefixed owing to revision of the pay scales, no reference to the public service Commission would be necessary and the existing incumbent will be appointed against such upgraded post after obtaining clearance from the Finance and the Personnel Departments. It has further been decided by the Government that in case where the upgradation/ re-classification of the post takes place for reasons other than revision of pay scales, the appointment of the incumbent against that upgraded /reclassified post will be made after due process of selection (HP Government Department of personnel number Per (Ap-II) -A (9)-1/76, dated 5-8-1976 and 28-12-76:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377

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