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[Cites 0, Cited by 0] [Section 6] [Entire Act]

State of Rajasthan - Subsection

Section 6(3) in The Rajasthan Women and Child Development (State and Subordinate) Service Rules, 1998

(3)Notwithstanding anything contained in these Rules, the recruitment, promotion, seniority and confirmation etc. of a person who joins the Army/Airforce/Navy during an emergency shall be regulated by such orders and instructions as may be issued by the Government from time to time, provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India:Provided that:-
(i)if the Appointing Authority is satisfied, in consultation with the Commission where necessary, that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by other method, relaxation of the prescribed proportion may be made in the same manner as specified in these Rules;
(ii)if the Appointing Authority is satisfied in consultation with the Commission that no suitable persons are available for promotion to the posts mentioned in the Schedule, such posts may be filled by taking officer on deputation from other Departments with a fixed tenure which shall not exceed two years at a time or till the members of this Service become eligible for promotion;
(iii)the persons not covered under Rule 5, who were appointed to the posts included in Schedules-I and II on adhoc or officiating or urgent temporary basis and who have been continuously holding such posts for at least one year on the date of commencement of these Rules shall be screened by a Committee referred to in Rule 27 for adjudging their suitability on the posts held, provided they possessed the requisite qualifications prescribed in the rules either for direct recruitment or promotion or the prescribed qualifications on the basis of which such persons were selected for adhoc officiating/urgent temporary appointment. This provision shall be subject to the following conditions, viz:-
(a)A person appointed on adhoc basis shall not be entitled to screening for a post higher than that to which he was initially appointed, if a person senior to him on a lower post who fulfilled qualifications prescribed for the post was either not given such adhoc appointment or is not entitled to screening under this rule. Seniority for this purpose shall be determined according to length of continuous service on a post;
(b)The Committee appointed under these Rules for adjudging suitability by screening either as an exception to general methods of recruitment or as initial constitution of Service, may ex-gratia recommend, if any of the employees with more than three years of Service on a post for which he is to be screened is not adjudged suitable and if thereafter has no right to be appointed on a lower post, or such lower post being offered to him/her by absorption and thereupon such an employee shall be treated as surplus employee under the provisions of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 and such employee may be absorbed on the lower post on the recommendations of the Committee subject to such conditions as may be laid down by it.
(vi)[ the persons who were appointed to the post of Supervisor on fixed pay during the year, 2002 and continuously working on the post of Supervisor on the date of commencement of the Rajasthan Women & Child Development (State and Subordinate) Service (Amendment) Rules, 2011, shall be screened by the Committee referred to in Rule 27 provided they were eligible for appointment as per these rules on the date of their initial appointment and vacancies are available at the time of screening.] [Added by Notification No. G.S.R. 19, dated 9.5.2011 (w.e.f. 16.7.1998).]
Note. - The provision of screening under proviso (iii) of Rule 6 has been intended to be the first step and after exhausting the vacancies required for screened persons irrespective of direct recruitment and promotion quota shall be applied.