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State of Rajasthan - Section

Section 28 in Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998

28. Eligibility Criteria 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 in by promotion, it shall subject to provisions of Sub-rule (8), 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 6 of Schedules I and II shall be eligible if for promotion to posts specified against them in Column 2 thereof to the extent indicated in Column 4 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 7.
(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 promotion to higher posts in the Service a person shall be eligible if he has been appointed to such post from which promotion is to be made after selection in accordance with the provisions of 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 methods of recruitment prescribed under these Rules, shall also be eligible if they fulfil other conditions 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 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 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 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 Service 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 the period of service prescribed in these Rules, on, the first day of the month of April of the year of selection on the post of category of post from which selection is to be made.
(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 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 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 the continued.
(7)Selection for promotion to the highest post/posts in the State Service shall always be made on the basis of merit alone:
(a)in the Service or Groups or Sections there under, where there are only two scales e.g., junior scale and senior scale and there is only on promotion then promotion shall be made on the basis of seniority-cum-merit alone;
(b)in the 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-cm-merit and merit in the proportion of 50:50;
(c)in the Service 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 the highest post/posts strictly on the basis of merit in a particular year, selection by promotion to the highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these less.Explanation - Any doubt arises about the categorisation of the post as the next higher or highest post in the Service, the matter shall be referred to the Government in the Department of Personnel whose decision thereon shall be final.
(8)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 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) corning within the extended zone of consideration shall also be considered against the vacancies reserved form them.
(iv)For the highest post in the State Service: -
(a)if promotion is from one category of post, eligible persons up to five in number shall be considered for promotion;
(b)if promotion is from different categories of the posts 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 of this case shall be limited to five senior most eligible persons in all.
(9)Except as otherwise expressly provided in this Rule, the conditions of ability for promotion, constitution of the Committee and procedure for selection be the same as prescribed elsewhere in these Rules.
(10)
(a)The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of post 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 13 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 of the category of posts from which selection is made.
(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 these 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 post 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 seven years preceding the year for which Departmental Promotion Committee is held.
(11)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 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 refined at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.
(12)The Government or the Appointing Authority may order for the review of the proceedings of the Departmental Promotion committee 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 Departmental Promotion Committee 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 APAR/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 Departmental Promotion Committee.
(13)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 tiles and APAR/Annual Confidential Rolls of all the person whose names have been considered by the Committee.
(14)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.
(15)Appointments shall be made by the Appointing Authority taking persons out of the list finally approved under the preceding Sub-rule (14) 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.
(16)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 proceedings 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.