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State of Assam - Section

Section 13 in The Assam Engineering (Public Works Department) Service Rules, 1978

13. General procedure for promotion.

(1)Before the end of each year the Government shall make an assessment of the likely number of vacancies to be filled up by promotion in the next year in each cadre.
(2)The Appointing Authority shall then furnish to the Selection Board the following documents and information with regard to as many officers in order of seniority as four times the number of vacancies, as assessed under sub-rule (1):
(a)information about the number of vacancies;
(b)list of officers in order of seniority, eligible for promotion (separate lists for promotion to different cadres shall be furnished) indicating the cadre to which the case of promotion is to be considered;
(c)character rolls and personal files of the officers listed together with all papers showing that any adverse remark recorded in the character rolls has been duly communicated to the person concerned and any representation against such adverse remarks has been disposed of after due consideration;
(d)details about reservation in case of promotion to Class II of the service and about carry forward of vacancies as provided under sub-rule (3) of the Rule 11; and
(e)any other documents and information as may be considered necessary by the Appointing Authority or required by the Board.
(3)The Appointing Authority shall simultaneously request the Selection Board to recommend within one month a list of officers, found suitable for promotion in order of preference, in respect of promotion to each of the cadres in which recruitment is to be made by promotion.
(4)Promotions up to the rank of Superintending Engineer, Senior Architect will be made on merit and suitability with due regard to the seniority and promotions above the rank of Superintending Engineer on merit-cum-seniority.
(5)The Selection Board, after examination of the documents and information furnished by the Appointing Authority shall recommend to the Appointing Authority a select list of officers about double the probable number of vacancies, in order of preference, found suitable for promotion. In case the Board does not consider an officer suitable for promotion according to seniority, it shall record the reasons thereof in writing and forward to the Appointing Authority together with the select list.
(6)The Appointing Authority shall consider the select list prepared by the Board along with character rolls and personal files of the employees and approve the list unless it considers any change necessary. If the Appointing Authority considers it necessary to make any change in the list received from the Board, he shall inform the Board of the changes proposed and after taking into account the comments, if any, of the Board, may approve the list finally with such modifications, if any, as may, in his opinion, be just and proper :Provided that it shall not be necessary for the Appointing Authority to consider the list submitted by the Board recommending candidates for promotion under Rule 11. This list shall be forwarded by the Appointing Authority to the Commission, as provided under Rule 14(1).
(7)The inclusion of a candidate's name in a select list shall confer no right to promotion unless the Appointing Authority is satisfied after such enquiry, as may be considered necessary, that a candidate is suitable for promotion.
(8)The select lists shall remain valid for 12 months from the date of approval by the Commission in case of Assistant Engineers and for 12 months from the date of approval by the Selection Board in other cases.
(9)The promotions shall be in accordance with the list finally approved by the Appointing Authority.
(10)The select list as finally approved shall be published by the Appointing Authority in the Assam Gazette within 15 days from the date of approval :Provided that the Government can remove any name from the select list in case of misconduct etc., coming to the notice of the Government and that no claim for promotion can be made on the basis of the select list.