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State of Rajasthan - Section

Section 28A in The Rajasthan Police Service Rules, 1954

28A. Revised Criteria, Eligibility and Procedure for Promotion to Junior, Senior and other posts encadred in the Service.

(1)As soon as the Appointing Authority determines the number of vacancies under rule regarding determination of vacancies of these Rules and decides that a certain number of posts are required to be filled in by promotion, it shall, subject to provisions of sub-rule (9), prepare a correct and complete list of the senior-most persons who are eligible and qualified under these Rules for promotion on the basis of seniority-cum-merit or on the basis of merit to the class of posts concerned.
(2)The persons enumerated in Column 5 or the relevant column regarding post from which promotion is to be made, as the case may be, of the relevant Schedule shall be eligible for promotion to posts specified against them in Column 2 thereof to the extent indicated in Column 3 subject to their possessing minimum qualification and experience on the first day of the month of April of the year of selection as specified in column 6 or in the relevant Column regarding minimum qualification and experience for promotion, as the case may be.Provided that for first promotion in the Service if number of persons substantively appointed and confirmed on the lowest post, equal to the number of vacancies are not available then persons who have been appointed to the lowest post in the Service after selection in accordance with one of the methods of recruitment prescribed under these rules, shall also be eligible if they fulfill other conditions of eligibility.
(3)No person shall be considered for first promotion in the Service unless he is substantively appointed and confirmed on the lowest post in the Service. After first promotion in the Service, for subsequent promotions to higher posts in the Service, a person shall eligible if he has been appointed to such post from which promotion is to be made after selection in according with one of the methods of recruitment under any Service Rules promulgated under proviso to Article 309 of the Constitution of India.Explanation.- In case direct recruitment to a post has been earlier than regular selection by promotion in a particular year, such of the persons who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first shall also be considered for promotion.
(4)Selection for promotion in the regular line of promotion from the post/posts not included in service to the lowest post or category of post in the Service shall be made strictly on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50:Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.
(5)Subject to the provisions of sub-rule (7), selection for promotion from the lowest post or category of post in the State Service to the next higher post or category of post in the State Service and for all posts in the Subordinate Services and in the Ministerial Services shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have passed the qualifying examination, if any, prescribed under these Rules, and have put in at least five years service, unless a different period is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made:Provided that in the event of non-availability of the persons with the requisite period of service of five years, the Committee may consider the persons having less than the prescribed period of service, if they fulfill the qualifications and other conditions for promotion prescribed elsewhere in these Rules, and are found otherwise suitable for promotion on the basis of seniority-cum-merit.
(6)Selection for promotion to all other higher posts or higher categories of posts in the State Service shall be made on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50.Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.Explanation.- If in a service, in any category of post, number of posts, available for promotion is an odd number then for purpose of determining the vacancies for selection by promotion on the basis of seniority-cum-merit in the proportion of 50:50, the following cyclic order shall be followed:-The first vacancy by seniority-cum-merit;The subsequent vacancy by merit'The cycle to be repeated.
(7)Selection for promotion to the highest post/posts in the State Service shall always be made on the basis of merit alone:Provided that-
(a)in a Service Groups or Sections thereunder, where there are only two scale e.g. junior scale or senior scale and there is only one promotion then promotion shall be made on the basis of seniority-cum-merit alone.
(b)in a Service or Groups or Sections thereunder, where there are three scales e.g. junior scale, senior scale and selection scale and there are two promotions then promotion shall be as under:-
(i)first promotion on the basis of seniority-cum-merit.
(ii)second promotion on the basis of seniority-cum-merit and merit in the proportion of 50:50.
(c)in Services or Groups or Sections thereunder, where there are more than two promotions then first promotion shall be made on the basis of seniority-cum-merit alone and promotions to subsequent higher posts shall be made on the basis of seniority- cum-merit and merit in the proportion of 50:50 except to the highest post.
Provided further that if the Committee is satisfied that suitable persons are not available for selection by promotion to highest post/posts strictly on the basis of merit in a particular year, selection by promotion to highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.
(8)[ Deleted] [[Sub-rule (8) deleted by Notification F. 7(6) DOP/A-II/75, dated 15-7-92, which was as under:-'(8) The persons having been selected and appointed by promotion to a post or category of post on the basis of merit, shall be eligible for promotion to the next higher post or category of post, which is to be filled in by merit, only when they have put in after regular selection, at least five years' service, unless a higher period of service is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made:Provided that the condition of live years' Service shall not be applicable to a person if any person Junior to him is eligible for consideration for promotion on the basis of merit:Provided further that in the event of non-availability of persons, equal to the number of vacancies to be filled in, eligible for promotion in the category of posts next lower from which promotion is made, the Committee may consider the persons having less than live years' service if they are found otherwise suitable for promotion on the basis of merit alone.']].Explanation.- If any doubt arises about the categorisation of the post as the lowest, next higher or highest post in the Service, the matter shall be referred to the Government in the Department of Personnel and Administrative Reforms whose decision thereon shall be final.
(9)[ The zone of consideration of persons eligible for promotion shall be as under:-
(i)Number of vacancies Number of eligible persons to be considered.
(a) for onevacancy Five eligible persons.
(b) for twovacancies Eight eligible persons.
(c) forthree vacancies Ten eligible persons.
(d) for fouror more vacancies Three times the number of vacancies]
[Substituted by Notification F. 7(1) DOP/A-II/81, dated 6-7-83 w.e.f. 1-4-84.]
(ii)Where, the number of eligible persons for promotion to higher post is less than the number specified above, all the persons so eligible shall be considered.
(iii)Where, adequate number of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the cases may be, are not available within the zone of consideration specified above, the zone of consideration may be extended to five times the number of vacancies and the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.
(iv)For the highest post in a State Service:-
(a)if promotion is from one category of post, eligible persons upto five in number shall be considered for promotion;
(b)if promotion is from different categories of the post in the same pay scale, eligible persons up to two in number from each category of posts in the same pay scale shall be considered for promotion;
(c)if promotion is from different categories of posts carrying different pay scales, eligible persons in the higher pay scale shall be considered for promotion first and if no suitable person is available for promotion on the basis of merit in the higher pay scale then only the eligible persons of other categories of posts in lower pay scales shall be considered for promotion and so on and so forth. The zone of consideration for eligibility in this case shall be limited to five senior most eligible persons in all.
(10)Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these Rules.
(11)[ (a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these Rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these Rules, equal to the number of vacancies determined under rule relating to "Determination of vacancies" of these Rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, shall be arranged in the order of seniority on the category of posts from which selection is made.] [Substituted by Notification F. 7(2) DOP/A-II/81, dated 19-2-82 w.e.f. 1-4-81.]
(b)The Committee shall also prepare a separate list on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in the rules, containing names of persons equal to the number of persons selected in the list prepared under (a) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the next year or till the Departmental Promotion Committee meets, whichever is earlier.
(c)such lists shall be sent to the appointing Authority together with annual Confidential Reports/Annual Performance Appraisal Reports and other Service Record of all the candidates included in the lists as also of those not selected, if any.
[Explanation.- For the purpose of selection for promotion on the basis of merit no person shall be selected if he does not have "Outstanding" or "Very Good" record in at least five out of the 7 years preceding the year for which D.P.C. is held.] [[Substituted by Notification F. 7(10) DOP/A-II/77, dated 30-11-1991 for-'Explanation.-For purpose of selection for promotion on the basis of merit, officers with 'Outstanding' or consistently 'Very Good' record shall only be selected and their names arranged in the order of seniority.']][(11-A) If in any subsequent year, after promulgation of these Rules, vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to determination of vacancies which were required to be filled by promotion, the Departmental Promotion Committee shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which the meeting of the Departmental Promotion Committee is held and such promotions shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate, and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.] [Substituted by Notification F. 5(3) DOP/A-II/77, dated 18-8-82.][(11-B) The Government or the Appointing Authority/ may order for the review of the proceedings of the D.P.C. held earlier on account of some mistake or error apparent on the face of record, or on account of a factual error substantially affecting the decision of the D.P.C. or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, judgment/direction of any Court or Tribunal, or where adverse entries in the confidential reports of an individual are expunged or toned down or a punishment inflicted on him is set aside or reduced. The concurrence of the Department of Personnel and the Commission (where Commission is associated) shall always be obtained before holding the meeting of the review D.P.C.] [Added by Notification f. 7(1) D.O.P./A-II/86, dated 14-6-1988.]
(12)Where consultation with the Commission is necessary, the lists prepared by the Committee shall be forwarded to the Commission by the Appointing Authority along with the Personal Files and Annual Confidential Rolls of all the persons whose names have been considered by the Committee.
(13)The Commission shall consider the lists prepared by the Committee along with other relevant documents received from the Appointing Authority, and, unless any change is considered necessary, shall approve the lists. In case the Commission. consider it necessary to make any change in the lists received from the Appointing Authority, it shall inform the Appointing Authority of the changes proposed by it. After taking into account the comments of the Commission, if any, the Appointing Authority may approve the lists finally with such modifications, as may, in its opinion, be just and proper and when the Appointing Authority is an authority subordinate to the Government, the lists approved by the Commission shall be disturbed only with the approval of the Government.
(14)Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (13) in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised, as the case may be.
(15)The Government may issue instructions for provisionally dealing with promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension, or against whom departmental proceeding is under progress, at the time promotions are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings.
(16)The provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provision of these Rules.