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State of Rajasthan - Section

Section 33 in Rajasthan Subordinate Offices Ministerial Service Rules, 1999

33. [ Criteria, Eligibility and Procedure for Promotion to the post of the Service. [Substituted by Vide Notification No. F.7(5)/DOP/A-2/03, Dated 23.7.03.]

(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 promotion, it shall subject to the provisions of sub-rule (6), 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 to the class of posts concerned.]
(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 there of to the extent indicated in column 3 subject to their possessing minimum qualifications and 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 years 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.Provided that promotion on the highest post in the state service if it is at least third promotion shall be made on the basis of merit alone.Provided further that if the Committee is satisfied that suitable persons are not available for selection by promotion to the highest post(s) strictly on the basis of merit in a particular year, selection by promotion to the highest post(s) on the basis of seniority cum merit may be made in the same manner as specified in these rules.
(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 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 Schedule 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 Schedule 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.
(iv)For any post in the service:
(a)If promotion is from more than one categories of 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;
(b)If promotion is from more than one 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 or seniority cum merit, as the case may be, in the higher pay scale than 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 in this case shall be limited to five senior most eligible persons in all.
(7)Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these rules.
(8)The 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 on the basis of seniority cum-merit 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 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 post(s) from which selection is made.
(9)The Committee may also prepare a list on the basis of seniority-cum-merit 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 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 on the basis of seniority-cum-merit or on the basis of merit shall be arranged in the order of seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the 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 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.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 of at least four out of seven years preceding the year for which the meeting of the Committee is held.
(11)If in any subsequent year, after promulgation of these rules vacancies relating to any earlier year are determined under these rules which were required to be filled in by promotion, the 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 meeting of the Committee is held and such promotion 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 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 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 individuals 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 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 Files and Annual Confidential Rolls/Annual Performance Appraisal Reports of all the persons whose name 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 it's 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 lists 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 or remain in force, as the case may be.
(16)The Government may issue instructions for provisionally dealing with the 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.
(17)The Provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provision of these Rules.