Subject to the provisions of rule 7 :-
(i) the posts mentioned in Schedule I shall be filled in by promotion in the manner laid down in rule 20;
(ii) the post mentioned in Schedule II shall be filled in by direct recruitment in the manner laid down in Part V;
(iii) the posts mentioned in Schedule III shall be filled in equally from the two sources and in the manner mentioned above, so, however, that the add post, if any, shall be filled in by promotion:
Provided that if suitable candidates are not available in the number required under this sub -rule for recruitment by promotion or by direct recruitment, as the case may be, the deficiency may be made good from the other of the two sources or a temporary appointment may be made by deputation from amongst the officers service under Government:
"Provided further that in respect of the posts of Assistant Engineer, mentioned in Schedule III, out of the posts to be filled by promotion, 5 per cent of the vacancies shall be filled from amongst such Junior Engineers who possess Bachelor's degree in Engineering from any recognized institution or are Associate Members of the Institute of Engineers.
7. Absorption: (1) The absorption or determination of the services of officers and servants of the Palika and Jal Sansthan holding or performing the duties and functions of the post referred to in rule 3 immediately before the commencement of these rules shall be governed by the following provisions :
(i) Officers and servants of Palikas and Jal Sansthans holding a post in any service, mentioned in rule 3 shall unless they opt otherwise, stand absorbed provisionally. subject to such orders as the Government may in each case pass,
(ii) Such officers and servants, as are provisionally absorbed under clause (i), may by subsequent orders of Government to be passed before December 31, 1986, be finally absorbed, if found suit blc.
(iii) If, in any case, no orders to the contrary are passed by Government before the date mentioned in clause (ii), the officer or servant shall be deemed to be finally absorbed.
(iv) The Services of officers and servants, referred to in the preceding clauses, who opt against absorption as well as of these who are found to be unsuitable for absorption shall stand determined and, without prejudice to their claims to any leave, pension, provident fund or gratuity which they would have been entitled to take or receive on their retirement or termination of service, as the case may be, if these rules had not been made, they shall be entitled to the following compensation-- (A) Permanent officers or servants-A sum equal to-
(a) the pay for the remaining period of their service; or
(b) six months pay in the case of officers and servants whose total continuous service immediately before the commencement of these rules exceeds ten years, and three months pay, in the case of officers and servants whose total continuous service as aforesaid did not exceed ten years, whichever be less;
(B) Officers and servants other than those mentioned in clause: (A), a sum equal to one month pay.
Explanation-For the purpose of calculating pension or gratuity, if any, admissible to the permanent officers and servants, referred to in clause (1), whose services stand determined under this clause, the following period shall be deemed to be added to their length of service qualifying for pension or gratuity:
Length of service qualifying for pension gratuity Addition to be made
(1) Upto five years
(2) over five years and upto ten years
(3) over ten year and upto fifteen years
(4) over fifteen years One Year Two Years Three Years Four Years
Explanation II-For the purposes of this clause Pay" include any dearness allowance or other ad hoc addition by way of interim relief that may be admissible
(v) The compensation mentioned in clause (iv) shall be paid by the Palikas or Jal Sansthans under whom the officers or servant was employed immediately before the commencement of these rules.
(vi) The option mentioned in clause (i) may be exercised at any time before October 31, 1986 and intimation of exercise thereof shall be sent to Government.
Until option to the contrary is exercised, the officer or servant shall, subject to the provisions of the foregoing clauses, stand absorbed provisionally.