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State of Rajasthan - Section

Section 29 in Rajasthan Rural Ayurvedic, Unani, Homoeopathy and Naturopathy Subordinate Service Rules, 2008

29. Criteria, Eligibility and Procedure for Promotion.

(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 the promotion it shall subject to provisions of sub rule (6), prepare a correct & complete list of the senior most persons who are eligible and qualified under these rules for promotion on the basis of seniority-cum-merit.
(2)The persons enumerated in the relevant column regarding post from which promotion is to be made 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 qualifications & experience on the first day of the month of April of the year of selection as specified in the relevant column regarding minimum qualification and experience for promotion.
(3)No person shall be considered for first promotion in the service unless he is regularly selected on the post from which promotion is to be made in accordance with one of the methods of recruitment prescribed under the provisions of these rules.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)No person shall be considered for promotion for five recruitment year from the date on which his promotion becomes due, if he/she has more than two children on or after 1st June 2002;Provided that-
(i)The persons having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June 2002 does not increase .
(ii)Where a Government servant has only one child from the earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.
(5)Selection for promotion on the post included in the service shall be made on the basis of seniority-cum-merit.
(6)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 vacancy Eight eligible persons
(c) For three vacancy Ten eligible persons
(d) For four or more vacancy 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 up-to seven 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)Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Promotion committee and procedure for selection shall be the same as prescribed elsewhere in these rules.
(8)The Promotion Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of post(s) concerned under these rules and shall prepare a list containing names of the persons found suitable for promotion equal to the number of vacancies determined under these rules. The list so prepared shall be arranged in the order of seniority on the category of post(s) from which selection is made.
(9)The Promotion Committee may also prepare a list on the basis of seniority -cum - merit containing names of persons not exceeding the number of persons selected in the list prepared under sub-rule(8) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared 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 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 year for which the meeting of the Promotion Committee is held.
(10)Lists prepared under sub - rule (8) and (9) shall be sent to the Appointing Authority together with Annual Confidential Reports /Annual Performance Appraisal Reports and other Service Records of all the candidates included in the lists as also of those not selected, if any.
(11)If in any subsequent year, after promulgation of these rules, vacancies relation to any earlier year are determined under these rules which were required to be filled in by promotion, the Promotion Committee shall consider the cases of all such persons who would have been eligible in the is year to which the vacancies relate irrespective of the year in which the meeting of the 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.
(12)The Government or the Appointing Authority may order for the review of the proceedings of the 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 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 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 shall always be obtained before holding the meeting of the review Promotion Committee.
(13)The list prepared by the Promotion committee shall be forwarded to the Government by the Appointing Authority along with the personal files and Annual Confidential rolls/Annual Performance Appraisal Reports of all the persons whose names have been considered by the committee.
(14)The Government shall consider the list prepared by the Promotion 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 Government considered 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 Government, 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 Government shall be disturbed only with approval of the Government.
(15)Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (14) in the order in which they have been placed in the list, till such lists are exhausted or reviewed and revised or remained in force 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 or 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.
(17)The provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provisions of these rules.
(18)In case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, forgoes such an appointment through his written request, and if the concerned Department/Office accepts his/her request, the person concerned shall be debarred for consideration for promotion (both on the basis of urgent temporary appointment or on regular basis) for subsequent two recruitment years for which the Departmental Promotion Committee is held and the name of such person who foregoes promotion shall not be included in the seniority-cum-eligibility list to be placed before the Departmental Promotion Committee for subsequent two recruitment years.
(19)Notwithstanding anything contained in these rules, a person belonging to the Scheduled caste or the Scheduled Tribe promoted to higher post in the Service may be posted by the Appointing Authority in a District or Zone or Range or Division, other than his Home District or Zone or Range or Division.Provided that-
(i)For purpose of promotion to higher post, for the persons belonging to Scheduled Castes/Scheduled Tribes, subject to provisions contained in rule relating to 'Seniority' the inter-se-seniority on lower post shall be determined at State Level;
(ii)In case a person belonging to Scheduled Castes/Scheduled Tribes is promoted on higher post and posted by the Appointing Authority against a vacancy available in District or Zone or Range or Division, other than the Home District or Zone or Range or Division, only when he has served for a period of not less than five years in the District Zone or Range Division , in which he has been posted on promotion to higher post;
(iii)In case a person belonging to Scheduled Castes/Scheduled Tribes, does not want his promotion in another District or Zone or Range or Division, in that event a chance shall be extended for promotion to higher post by the Appointing Authority to the next junior persons;
(iv)In case if in a District or Zone or Range or Division, the persons belonging to the Scheduled Castes /Scheduled Tribes, are not available for promotion to higher post against reserved vacancies, in that event such reserved vacancies shall be filled in from amongst the persons belonging to the Scheduled Castes or the Scheduled Tribes, available in another District or Zone Range or Division.