Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 28 in The Rajasthan Women and Child Development (State and Subordinate) Service Rules, 1998

28. Criteria, Eligibility and Procedure for Promotion.

(1)As soon as the Appointing Authority determines the number of vacancies under Rule 13 of these Rules and decides that a certain number of posts are required to be filled by promotion, it shall subject to the provisions of sub-rule (6), 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, as the case may be, to the class of posts concerned.
(2)The persons enumerated in column No. 6 of the Schedules I & II shall be eligible for promotion to posts specified against them in Column 2 thereof to the extent indicated in Column 4 subject to their possessing minimum qualifications and experience on the first day of the month of April of the year of selection as specified in Column 7.
(3)No person shall be considered for first promotion in the service unless he/she 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 be eligible if he/she has been appointed to such post from which promotion is to be made after selection in accordance with one of the method of recruitment prescribed under these Rules: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 method of recruitment prescribed under these Rules, shall also be eligible if they fulfil other conditions of eligibility.Explanation. - In case direct recruitment to a post has been made 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 methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.
(4)Selection for promotions in regular line of promotion from the post/posts not included in the State Service to the lowest post or category of post in the State 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 promotion strictly on the basis of a 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)Selection for promotion from the lowest post or category of posts in the State Service to the next higher post or category of the posts in the State Service and for all post in subordinate Service shall be made strictly on the basis of seniority-cum-merit.Explanation. - If in the 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 and 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.
(6)The zone of consideration of persons eligible for promotion shall be as under:-
(i) Number of vacancies Number of eligible person to be considered.
  (a) for one vacancy five eligible persons.
  (b) for two vacancies eight eligible persons.
  (c) for three vacancies ten eligible persons.
  (d) for four or more vacancies three times the number of vacancies.
(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 case 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.
(7)
(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 in the category of posts from which selection is made.
(b)The Committee may also prepare a separate list on the basis of seniority-cum-merit and/or 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 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 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/she does not have "outstanding" or "very good" record in at least five out of the seven years preceding the year for which Departmental Promotion Committee is held.
(8)If in any subsequent year, after promulgation of these Rules, vacancies relating to any earlier year are determined under sub-rule (2) of Rule 13 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 that 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 post to which he would have been promoted, shall be counted.The pay of a person who has been so promoted shall be refixed at the pay which he would have drawn, at the time of his promotion but no arrears of pay shall be allowed to him.
(9)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 DPC 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.
(10)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 (APAR) of all the persons whose names have been considered by the Committee.
(11)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 list received from the Appointing Authority, it shall inform the Appointing Authority 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 modification, 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.
(12)Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (11) 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.
(13)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 of 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.