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State of Rajasthan - Section

Section 39 in Rajasthan Jails Subordinate Service Rules, 1998

39. Seniority.

- Seniority of persons appointed to the lowest post of the Service or lowest categories of posts in each of the Group/Section of the service, as the case may be, shall be determined from the date of confirmation of such persons to the said post but in respect of persons appointed by promotion to other higher posts in the service or other higher categories of posts in each of the Group/Section in the Service as the case may be shall be determined from the date of their regular selection to such posts:Provided that:-
(1)if two or more persons are appointed to a post in the same category in the same year, a person appointed by promotion shall rank senior to a person appointed by direct recruitment;
(2)the seniority inter se of persons appointed to a post in a particular category by direct recruitment on the basis of one and the same selection, except those who do not join service when a post is offered to them within a period of two months from the date of order of appointment unless extended by the Appointing Authority, shall follow the order in which their names have been placed in the list prepared under rule 30;
(3)the seniority inter se of persons appointed to a post in a particular category by promotion shall follow the order in which their names have been placed in the lists prepared under rule 36;
(4)The persons selected and appointed as a result of a selection which is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection;Seniority inter se of persons selected on the basis of seniority-cum-merit and on the basis of merit in the same selection shall be the same as in the next below grade;
(5)for purpose of promotion to higher posts in service in case of substantive employee of different groups, their integrated seniority on initial appointment shall be determined, notwithstanding their year of substantive appointment in the different groups, according to the date of continuous officiation in the category of post concerned provided such officiation was not of the nature of fortuitous or ad hoc or urgent temporary appointment and there was no default on the part of the employee to join the appointment when ordered;
(6)if a candidate belonging to the Scheduled Castes/Scheduled Tribes is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/O.B.C. candidate who is promoted later to the said immediate higher post/grade, the general/O.B.C. candidate will regain his seniority over such earlier promoted candidate of the Scheduled Castes/Scheduled Tribes in the immediate higher post/grade.