Section 6 in The M.P. Public Services (Promotion) Rules, 2002
6. Promotion on the basis of seniority subject to fitness.
(1)In such cases where the promotion is to be made on the basis of seniority subject to fitness, there shall be no zone of consideration for all categories.(2)The names of only such public servants shall be considered for promotion, who have completed the prescribed qualifying service in their feeder cadre/part of the service/pay scale of post according to the Recruitment Rules. It is, however, not necessary to consider all the names of public servants who have completed the prescribed minimum length of service but only such number of cases of public servants shall be considered according to the seniority which shall be sufficient to cover the number of existing and anticipated vacancies due to retirement during the year under each category. In addition to this, with a view of inclusion, in the select list, the names of two public servants or 25 per cent of the number of the public servants included in select list whichever is more, the names of the required number of the public servants shall be considered for each category to fill up the unforeseen vacancies occurring during the course of the aforesaid period.Explanation. - Manner of computation for eligibility for promotion. - Period of qualifying service on 1st January of the relevant year in which Departmental Promotion Committee is convened shall be counted from the calender year in which the public servant has jointed the feeding cadre/part of the service/pay scale of the post and not from the date of joining of the cadre/part of the service/pay scale of post.(3)The number of vacancies for promotion during the course of the year i.e. from 1st January to 31st December shall be worked out after taking into account the existing and anticipated vacancies on account of retirement, and promotions to higher cadres/part of the service/higher pay scale of posts. Vacancies arising out of deputation for periods exceeding one year shall also be taken into account. The number of vacancies to be reserved for public servants belonging to Scheduled Castes and Scheduled Tribes shall be worked out on the basis of the roster which is required to be maintained in accordance with the provisions of Rule 9 of these rules.(4)The meeting of the Departmental Promotion Committee shall be held every year. It shall consider the suitability of the public servants for promotion separately with reference to the vacancies of each year starting with the earliest year onwards. The Departmental Promotion Committee shall consider the suitability of the public servants for promotion to fill up the unfilled vacancies of the earlier year or years separately and prepare the select list for the relevant year accordingly. Thereafter the Departmental Promotion Committee shall consider the suitability of the public servants for promotion of fill up the existing and anticipated vacancies of the current year.(5)The Departmental Promotion Committee shall assess the suitability of the public servants for promotion on the basis of their service record and with particular reference to the Annual Confidential Reports (ACRs) for 5 preceding years. However, in cases where the required qualifying service is more than 5 years, the Departmental Promotion Committee shall see the record with particular reference to the ACRs for the years equal to the required qualifying service.(6)When one or more ACRs are not available for any reason for the relevant period, the Departmental Promotion Committee shall consider the ACRs of the years preceding the period in question.(7)For filling up the posts by this method, the Departmental Promotion Committee shall consider the case of each public servant separately on the basis of his own merit, that is to say, that there shall be no need to make a comparative assessment of the merits of public servant separately and shall categorise them as 'fit' or 'not fit'.(8)Separate select lists shall be prepared for the public servants of unreserved category, Scheduled Castes and Scheduled Tribes category in which the names of such number of public servants belonging to unreserved category, Scheduled Castes and Scheduled Tribes category shall be included which is equal to the number of posts reserved for each of these categories. In addition to this, names of two public servants or twenty five percent of the number of public servants included in the select list whichever is more, will also be included in the select list of each category as prescribed in sub-rule (2).(9)The names of public servants included in each list shall be arranged in the same order of their seniority as they existed in the cadre/part of the service/pay scale of post from which promotion is to be made.(10)The promotion of public servants shall be made from these separate select lists according to their seniority in the feeder cadre/part of the service/pay scale of post and accordingly to the prescribed order shown in the roster.(11)In order to determine the inter-se seniority of the public servants belonging to the three categories in the cadre/part of the service/pay scale of post to which promotion is to be made, a combined select list of the above three categories of public servants shall be prepared in the same order in which their names appear in the seniority list of the cadre/part of the service/pay scale of post from which the promotion is being made.(12)The names of public servants promoted on the basis of above combined select list shall be placed enblock below the name of last public servant promoted on the basis of the immediately preceding year's combined select list.(13)The reserved posts which remain unfilled due to non-availability of suitable public servants of the category for which the post is reserved despite consideration of the names of all public servants eligible for consideration as per the Recruitment Rules shall be carried forward, that is to say, shall he kept vacant until the suitable public servants belonging to that reserved category is available. In no circumstances any vacancy of reserved category shall be filled-up by promotion from the public servant belonging to any other category.(14)Wherever the reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of promotion have remained unfilled in the earlier year or years, the backlog and/or carried forward vacancies would be treated as a separate and distinct group and will not be considered together with the reserved vacancies of the year in which they are being filled up for determining the celling of fifty per cent reservation on total number of vacancies of that year. In that words, the ceiling of fifty per cent on filling up of reserved vacancies would apply only on the reserved vacancies which arise in the current year and the backlog/carried forward reserved vacancies for Scheduled Castes or Scheduled Tribes of earlier year or years would be treated as a separate and distinct group and would not be subject to ceiling of fifty per cent :Provided that the appointing authority shall convene a special meeting of Departmental Promotion Committee within six months to fill up backlog vacancies and if such vacancies still remain unfilled, they shall not be de-reserved in any manner for filling up by the public servants not belonging to the category for whom the post or posts are reserved.(15)When a public servant, whose name is included in the select list wants to refuse promotion, he may make a written request that he may not be promoted. Such request shall be considered by the Appointing Authority taking relevant aspects into consideration. If the reasons adduced for refusal of promotion are acceptable to the Appointing Authority, the next public servant in the select list may be promoted. However, since it may not be administratively possible or desirable to offer appointment to the public servants who initially refused promotion, on every occasion on which a vacancy arises during the period of validity of the panel, no fresh offer of appointment on promotion shall be made in such cases for a period of one year from the date of refusal of first promotion or till a next vacancy arises, whichever is latter. On the eventual promotion to the higher cadre/part of the service/pay scale of post, such public servant shall lose seniority vis-a-vis his juniors promoted in the preceding year to the higher cadre/part of the service/pay scale of post.In cases where the reasons adduced by the public servant for his refusal for promotion are not acceptable to the Appointing Authority then he shall enforce the promotion, on the public servant and in case the public servant still refuses to be promoted, then even disciplinary action may be taken against him for refusing to obey his order.
