Section 24

Amendment status not verified — confirm the current text below against the official source.

Procedure for Selection.- (1) As soon as it is decided that a certain number of post shall be filled by promotion, the Chief Ground Water Engineer and Secretary shall prepare a correct and complete list containing names not exceeding five times the number of vacancies out of the senior most persons who are qualified under the rules for promotion to the class of posts concerned. He shall forward the list of persons along with their confidential rolls and personal file to the Secretary to Government in the Agriculture Department. _____________________________________________________________________ # Substituted for “7 1(& 7A)” vide Notification No. F. 7(2)DOP/(A-II) /88 dated 22.1.1997 1 Inserted "& 7A" vide Notification No. F. 7(2)DOP/A-II/93, dated 24.05.1994 (w.e.f. 28.9.1993) * Inserted vide Notification No. F. 1(4)DOP/A-II/73, dated 13.06.1974 % Inserted vide Notification No. F. 7(1)DOP/A-II/75, dated 20.09.1975 @ Added vide Notification No. F. 7(1)DOP/A-II/74, dated 05.07.1974 17 (2) (a) A Committee consisting of the Chairman of the Commission or when the Chairman is unable to attend any other member thereof nominated by him, Secretary to Government in the Agriculture Department, Special Secretary to Government in the Department of personnel or his representative not below the rank of a Deputy Secretary, as Members and Chief Ground Water Engineer and Secretary as member- Secretary shall consider the cases of the persons included in the list, interviewing such of them as they may deem necessary and shall prepare a list, containing names of suitable candidates up to twice the number of such posts as are indicated in sub-rule (1). When the post of Chief Ground Water Engineer and Secretary is to be filled in by promotion, the lists of the eligible persons for promotion shall be prepared by the Secretary to Government in the Agriculture Department and the Chief Ground Water Engineer and Secretary shall not be a member of the promotion Committee. (b) The Chairman or, the member of the Commission shall preside at the meeting of the Committee at which he is present. θProvided that in case any Member or Member-Secretary, as the case may be, constituting the Committee has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the Member or Member- Secretary, as the case may be, of the Committee. (3) The Committee shall also repair a separate list containing names of persons who may be selected to fill officiating vacancies already existing or such as are likely to occur till the next meeting of the committee: (a) The lists so prepared shall be reviewed and revised every year; (b) The list shall ordinarily be in force unit it is reviewed or revised in accordance with clause (a) of sub rule (3). (4) The names of the candidates selected as suitable shall be arranged in the order of seniority. (5) The list prepared by the Commission shall be sent to Government together with the confidential rolls and personal files of the candidates included therein. (6) The Committee may co-opt a suitable expert from outside to assist the Committee for selection of candidates for the posts to be filled by promotion. (7) Where consultation with the Commission is necessary the list prepared in accordance with sub-rules (2) and (3) shall be forwarded to the Commission by the Appointing Authority along with. (a) Confidential rolls and personal files of all officers whose names are included in the list; (b) The confidential rolls and personal files of all officers who are proposed to be superseded by the Recommendations made by the Committee. (8) The Commission shall consider the lists prepared by the Committee along with the other documents received from the Appointing Authority and unless they consider any changes necessary, shall approve the lists and if the Commission consider it necessary to make any changes in the lists received from Government, the Commission shall inform Government, of the changes proposed, and after taking into account the comments of the Commission, if any, Government may approve the lists finally with such modifications, as may, in his opinion, be just and proper. θ Added vide Notification No. F. 7(5) DOP (A-II)/78, dated 21-12-1978 (Effective from 07-03-1978) 18 ξ25. 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 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. ξ Substituted for X“24A. Revised Criteria, Eligibility and Procedure for Promotion to Junior, Senior and other posts encadred in the Service:- (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 provisions of sub-rule (9), 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. £(1A) No person shall be considered for promotion for 5 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 the person 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. Provided further that 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. £ Added vide Notification F. 7(1)DOP/A-II/95 dated 20-06-2001 (2) The persons enumerated in Column 5 or the relevant column regarding “post from which promotion is to be made”, as the case may be, 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 and experience on the first day of the month of April of the year of selection as specified in Column 6 or in the relevant Column regarding “minimum qualification and experience for promotion”, as the case may be. a"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 fulfill other conditions of eligibility." a Added vide Notification No.F.7(8)DOP/A-II/78 dated 13-05-1980 b“(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 promotions 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 one of the methods of recruitment under any Service Rules promulgated under proviso to Article 309 of the Constitution of India.” 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. b Substituted for "(3) No person shall be considered for promotion unless he is substantively appointed and confirmed. If no person substantive in the next lower post is eligible for promotion, persons who have been appointed on such posts on officiating basis after selection in accordance with one of the methods of recruitment or under any Service Rules promulgated under proviso to Article 309 of the Constitution of India, may be considered for promotion on officiating basis only in the order of seniority in which they would have, had they been substantive on the said lower post." vide Notification No. F. 7(8)DOP/A-II/78 dated 20.07.1979 (4) Selection for promotion in the regular line of promotion from the post/posts not included in Service to the lowest post or category of post in the 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. 19 (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 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. (5) Subject to the provisions of sub rule (7), selection for promotion form 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 Services and in the Ministerial Services 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 at least five years‟ service, unless a different period is prescribed elsewhere in these rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made; *Deleted Proviso * Deleted " Provided that in the event of non-availability of the persons with the requisite period of service of five years, the committee may consider the persons having less than the prescribed period of service, if they fulfill the qualifications and other conditions for promotion prescribed elsewhere in these rules, and are found otherwise suitable for promotion on the basis of seniority-cum-merit." vide Notification No. F. 7(3)/DOP/A-II/95 dated 18- 02-1998. (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 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. c"Explanation:- If in a 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 be repeated." c Added vide Notification No.F.7(10)DOP/A-II/77 dated 17-08-1978 (effective from 12-05-1978) d "(7) Selection for promotion to the highest post/ posts in the State Service shall always be made on the basis of merit alone: Provided that:- (a) in a Service or Groups or Sections thereunder, where there are only two scales e.g. junior scale or senior scale and there is only one promotion then promotion shall be made on the basis of seniority-cum-merit alone: (b) in a 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-cum-merit and merit in the proportion of 50:50; (c) in Services 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." e"Provided further that if the Committee is satisfied that suitable persons are not available for selection by promotion to highest post/posts strictly on the basis of merit in a particular year, selection by promotion to highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these rules." d Substituted for "(7) Selection for promotion to the highest post or highest categories of post in the State Service shall always be made on the basis of merit alone" vide Notification No. F. 7(10)DOP/A-II/77 dated 12-05-1978 e Added vide Notification No. F. 7(10)DOP/A-II/77 dated 31-03-1980 f(8) Deleted Explanation:- If any doubt arises about the categorization of the post as the lowest, next higher or highest post in the Service, the matter shall be referred to the Government in the Department of Personnel and Administrative Reforms whose decision thereon shall be final. f Deleted "(8) The persons having been selected and appointed by promotion to a post or category of post on the basis of merit, shall be eligible for promotion to the next higher post or category of post, which is to be filled in by merit, only when they have put in after regular selection, at least five years' service, unless a higher period of service is prescribed elsewhere in these rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made: 20 (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. Provided that the condition of five years' service shall not be applicable to a person if any person junior to him is eligible for consideration for promotion on the basis of merit: Provided further that in the event of non-availability of persons, equal to the number of vacancies to be filled in, eligible for promotion in the category of posts next lower from which promotion is made, the committee may consider the persons having less than five years' service if they are found otherwise suitable for promotion on the basis of merit alone." vide Notification No. F. 7(6)DOP/A-II/75 dated 15-07-1992. g(9) “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 of 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 ¥"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. (iv) For the highest post in a State Service:- (a) if promotion is from one category of post, eligible persons upto 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 upto 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 in this case shall be limited to five senior-most eligible persons in all.” g Substituted for "(9) @(i) "The zone of eligibility for promotion shall be five times the number of vacancies to be filled in on the basis of seniority-cum-merit or merit or by both, as the case may be." (ii) For the highest post in a ¶"State" Service:- (a) if promotion is from one category of post eligible persons upto five in number shall be considered for promotion; (b) if promotion is from different categories of posts in the same pay scale, eligible persons upto 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 persons 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 so forth. The zone of consideration for eligibility in this case shall be limited to five senior-most eligible persons in all." vide Notification No.F.7(1)DOP/A-II/81 dated 06-07-1983 and effect from 01-04-1984 vide even Notification dated 10.05.1984. @ Clause (i) of sub-rule (9) substituted for “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) 1 to 5 vacancies 4 times of the number of vacancies (b) 6 to 10 vacancies 3 times, but atleast 20 eligible persons to be considered (c) Above 10 vacancies 2 times, but atleast 30 eligible persons to be considered.” vide Notification No. F. 7(1)DOP/A-II/81 dated 29-01-1981 ¥ Substituted for "five" vide Notification No. F. 7(1)DOP/A-II/81 dated 07-04-2003. ¶ Inserted vide Notification No. F. 7(10)DOP/A-II/77 dated 26-09-1978 21 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. (10) 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. h"(11)(a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts 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 relating to “Determination of vacancies” 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 on 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 maybe, as per the criteria for promotion laid down in the 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 posts 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.” I"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 7 years preceding the year for which D.P.C. is held" h Substituted for "(11) The committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these rules % "interviewing such of them as they may deem necessary" and shall prepare a list containing names of the suitable persons equal to the number of existing vacancies and the vacancies anticipated to occur during the next twelve months after the determination of vacancies. The committee shall also prepare a separate list containing the names of persons equal to 50% of the persons selected in the aforesaid list or select one more person if the number of vacancies is one only, who may be considered suitable to fill temporary or permanent vacancies, which may occur till the next meeting of the Committee, on a temporary or officiating basis and the list so prepared shall be reviewed and revised every year and shall remain in force until it is so reviewed and revised. The lists so prepared on the basis of merit and on the basis seniority-cum-merit shall be arranged in the order of seniority on the category of post from which selection is to be made. Such lists shall be sent to the concerned Appointing Authority together with the Annual Confidential Rolls and Personal Files of all the candidates included in them as also those not selected, if any." vide Notification No. F. 7(2)DOP/A-II/81 dated 19-02-1982 w.e.f. 01-04-1981 % Inserted vide Notification No. F. 11(1)DOP/A-II/77 dated 20-03-1980 I Substituted for ϟ"Explanation:- For purpose of selection for promotion on the basis of merit, officers with "Outstanding" or consistently "Very Good" record shall only be selected and their names arranged in the order of seniority." vide Notification No. F. 7(10)DOP/A-II/77 dated 30-11-1991 ϟ Substituted for "Explanation:- For the purpose of selection on the basis of merit the list of officers graded as "Outstanding" and "Very Good" shall be classified in the First category in the order of seniority, the officers graded as "Good" shall be classified in the Second category in the order of seniority and the officers graded as "Average" and "Not-Selected" shall be classified in the third category. The officers graded and classified in the second category list shall be placed below the officers graded and classified in the first category list and such officers shall be appointed from this category only if the officers graded and classified in the first category list is exhausted otherwise they shall not be appointed to the service by promotion. The officers graded and classified in the third category list shall not be considered for appointment by promotion.” vide Notification No. F. 7(10)DOP/A-II/77 dated 11.04.1979 j"(11-A) If in any subsequent year, after promulgation of these rules, vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to determination of vacancies 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 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.” j Substituted for £"(11-A) If in any subsequent year, after promulgation of these rules, vacancies relating to any earlier year are determined under sub-rule(3) of rule mentioned in column 3 of the Schedule which are required to be filled by promotion, the Departmental Promotion Committee shall consider the case 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 rule in force at the time, the meeting of the Departmental Promotion Committee is held. The persons who has been so promoted shall not be entitled to claim any arrears of pay or re-fixation of his pay or to count his service/experience for promotion to higher post for any period during which he has not actually performed the duties of the post to which he has been promoted." vide Notification No. F. 5(3)DOP/A-II/77 dated 18-08-1982. £ Added vide Notification No. F. 5(3)DOP/A-II/77 dated 06-10-1979 22 Њ“(4) The person who had not been considered for promotion upto the year 2019-2020 because he/she had more than two children on or after 1st June 2002 shall be considered for promotion from the date on which his/her promotion was due and on such promotion his/her pay shall be refixed at the pay which he/she would have drawn but no arrear shall be paid and if any person who has more than two children on or after 1st June, 2002 and his promotion becomes due in the year 2020-2021 or thereafter shall be considered for promotion from the date on which his/her promotion becomes due and his/her pay shall be fixed for the promotional post, but he/she shall be entitled for annual increment notionally for three subsequent years and after such three years he/she shall be allowed actual benefits of such increments, however no arrears shall be paid for such notional increments. There shall be no consequential effect on subsequent promotions of the person promoted as per provisions of this sub-rule. The person already promoted shall not be reverted due to implementation of this sub-rule:” 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. k"(11-B) The Government or the Appointing Authority may order for the review of the proceedings of the D.P.C. 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 D.P.C 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 and the Commission (where Commission is associated) shall always be obtained before holding the meeting of the review D.P.C.” k Added vide Notification No. F. 7(1)DOP/A-II/86 dated 14-06-1988 (12) 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 Personnel Files and Annual Confidential rolls of all the persons whose names have been considered by the Committee. (13) 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. (14) Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (13) 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. (15) 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 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. (16) The provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provision of these rules.” vide Notification No. F. 7(5)DOP/A-II/2002 dated 23.07.2003 Њ Substituted for (4) No person shall be considered for promotion *“three 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;” vide Notification No. F. 7(1)/DOP/A-II/95/pt., dated 16.03.2023. * Substituted for “five recruitment years” vide Notification No. F. 7(1)/DOP/A-II/95pt.III, dated 19.09.2017.(w.e.f. 01-04-17) X Substituted for Q"24A. Revised Criteria, Eligibility and Procedure for promotion to Junior, Senior and other posts encadred in the Service:- (1) Selection for promotion in the regular line of promotion from the post not included in the service to the lowest post or category of post in the Service shall be made strictly on the basis of merit. (2) Subject to the provisions of sub-rule(4), selection for promotion from the lowest post or category of post in the Service to the next higher post or category of post in the Service and for all posts upto Scale No.11, sanctioned under the Rajasthan Civil Services (New Pay Scales) Rules, 1969 or equivalent scales as may be declared by the Government from time to time, shall be made solely 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 at least five years‟ service, unless a different period is prescribed elsewhere in these rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made; 23 €(iii) while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted. (w.e.f. 01.06.2002) Provided that in the event of non-availability of the persons with the requisite period of service of five years, the Committee may consider the persons having less than the prescribed period of service, if they fulfill the qualifications, experience and other conditions for promotion prescribed elsewhere in these rules and are found otherwise suitable for promotion on the basis of seniority-cum-merit; Provided further that in respect of posts that included in the State Services in which the methods of recruitment to the lowest post provides for appointment by promotion, and where such posts are required to be filled on the basis of seniority- cum-merit under this sub rule the Committee may select for promotion such persons of outstanding merit available within the zone of consideration, who may not be selected on the basis of seniority-cum-merit, to the extent of one fourth of the number of vacancies to be filled in by promotion and if the number of vacancies exceeds one but is less than four, the Committee may select one person on the basis of merit alone and if the vacancies are more than four and the calculation of the number of vacancies to be filled by merit alone according to the aforesaid basis results in a fraction, the Committee may select one more person against a fraction of half or more. On being so selected, for the purpose of determination of seniority, such persons shall be deemed to have been selected on the basis of seniority-cum-merit. (3) Selection for promotion to all other higher posts or higher categories of posts in the Service shall be made on the basis of merit alone. (4) Selection for promotion to the highest post, or highest category of post in the Service shall always be made on the basis of merit alone. (5) The persons having been selected and appointed by promotion to a post or category of post on the basis of merit, shall be eligible for promotion to the next higher post or category of post, which is to be filled in by merit, only when they have put in after regular selection at least five years‟ service, unless a higher period of service is prescribed elsewhere in these rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made; Provided that the condition of five years‟ service shall not be applicable to a person if any person junior to him is eligible for consideration for promotion on the basis of merit; Provided further that in the event of non-availability of persons, equal to the number of vacancies to be filled in eligible for promotion in the category of posts next lower from which promotion is made, the Committee may consider the persons having less than five years‟ service if they are found otherwise eligible and suitable for promotion on the basis of merit alone. Explanation- If any doubt arises about the categorization of the post as the lowest, 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. (6) The zone of eligibility for promotion shall be five times the number of vacancies to be filled in on the basis of seniority- cum-merit or merit, as the case may be; Provided that in case of non-availability of sufficient number of suitable persons for selection on the basis of merit, the Committee may at its discretion consider persons of outstanding merit outside the zone of eligibility but falling within six times the number of vacancies to be filled in on the basis of merit. (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 posts concerned under these Rules, interviewing such of them as it may deem necessary, and shall prepare a list containing names of the suitable persons equal to the number of existing vacancies and the vacancies anticipated to occur during the next twelve months after the determination of vacancies. The Committee shall also prepare a separate list containing names of persons equal to 50% of the persons selected in the aforesaid list or select one more person if the number of vacancies is one only, who may be considered suitable to fill temporary or permanent vacancies, which may occur till the next meeting of the Committee, on a temporary or officiating basis and the list so prepared shall be reviewed and revised every year and shall remain in force until it is so reviewed and revised. The lists so prepared on the basis of merit shall be arranged in order of preference and the list prepared on the basis of seniority-cum-merit shall be arranged in order of seniority on the category of post from which selection has been made. Such lists shall be sent to concerned Appointing Authority together with the Annual Confidential Rolls and Personal Files of the candidates included in them as also of those not selected, if any. Explanation- The list of preference shall classify the officers in order as „Outstanding‟, „Very Good‟ and 'Good' on the basis of merit. In each class the officers shall maintain their inter-se-seniority of the next below grade. (9) 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 of the persons whose names have been considered by the Committee. (10) The Commission shall consider the list 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 change 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 should be disturbed only with the approval of the Government. (11) Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (10) 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. € Substituted for b“Provided also that while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.” vide Notification No. F. 7(1) DOP/A-II/95/Pt.-III dated 03.07.2019 (w.e.f. 01.06.2002) b Added vide Notification No. F. 7(1)DOP/A-11/95/Pt.-II dated 24.02.2011 24 β(iv) any person who performed remarriage which is not against any law and before such remarriage he is not disqualified for promotion under this sub-rule, he shall not be deemed to be disqualified with effect from 01.06.2002, if any child is born out of single delivery from such remarriage. (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 atleast 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 Scheduled Tribes, as the case may be, are not available within the zone of consideration specified above, the zone of consideration may be extended upto 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. (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; γ(11-A) 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. (12) The provisions of this rule shall have effect not withstanding anything to the contrary contained in any provision of these Rules.” vide Notification No. F. 7(10)DOP/A-II/77 dated 7-03-1978. γ Inserted vide Notification No. F. 10(1)Karmik/Ka-II/75-I dated 05.03.1976 (w.e.f. 01.11.1975) β Substituted for µ “(iv) Provided also that any person who performed remarriage which is not against any law and before such remarriage he is not disqualified for promotion under this sub-rule, he shall not be disqualified if any child is born out of single delivery from such remarriage.” vide Notification No.F.7(1)DOP/A-II/95 Pt. II dated 18.08.2020 µ Added vide Notification No. F. 7(1)/DOP/A-II/95pt.II, dated 20-11-2015. (w.e.f. 01-04-2015) Q Substituted for “25.- Promotion on basis of merit.- (1) Appointment by promotion to posts in the Service shall be made by selection strictly on the basis of merit and on the basis of seniority-cum-merit in proportion of 1:2: Provided that if Government is satisfied in consultation with the commission, that suitable persons are not available for appointment by promotion strictly on the basis of merit in a particular year, appointment by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these rules. 25 (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. (2) Selection strictly on the basis of merit shall be made from amongst persons who are otherwise eligible for promotion under these rules; the number of eligible candidates to be considered for the purpose shall be ten times the total number of vacancies to be filled in on the basis of merit and seniority-cum-merit provided such number is available; where the number of eligible candidates exceeds the times the number of vacancies, the requisite number of senior-most persons shall be considered for the purpose: Provided that for the first promotion within the service against the merit quota, only such of the persons shall, unless a higher period is prescribed elsewhere in these rules, be eligible who have put in not less than six years service on the post from which promotion is made. (3) Except as otherwise expressly provided in this rule, the procedure prescribed for selection to the post on the basis of seniority-cum-merit so far as may be, be followed in making selection strictly on the basis of merit. (4) The Committee shall prepare a separate list of candidates selected by it on the basis of merit and shall arrange their names in order of preference. 26 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 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 Committee. (5) Where consultation with the Commission is necessary, the list prepared by the Committee shall be forwarded to the Commission by Government alongwith the personal files and confidential rolls of all persons whose names have been considered by the Committee. (6) The Commission shall consider the lists prepared by the Committee along with other documents received from Government and unless any change is considered necessary, shall approve the lists and if the Commission consider it necessary to make any change in the lists received from Government . the Commission shall inform Government of the change proposed and Government after taking into account the comments if any, may approve the lists finally with such modifications, as may, in his opinion, be just and proper. (7) Appointment shall be made by Government taking persons out of the list finally approved under the preceding sub-rule in the order in which they have been placed in the list. (8) Among persons appointed to the posts in a wing during the same year, persons appointed on the basis of seniority-cum-merit shall rank senior to those appointed by promotion on the basis of merit; the seniority inter se of persons appointed in the same class, category or grade of posts by promotion strictly on merit shall, without regard to the order of preference, be determined as if such persons had been appointed by promotion on the seniority-cum- merit. 27 (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 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 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 remained 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. (9) The provisions of this rule shall have effect notwithstanding anything to the contrary contained in any other provisions of these rules. Explanation;- For the purpose of determining the number of vacancies to be filled on either basis under sub-rule (1), the following cyclic order shall be followed: “The first by merit The next by seniority-cum-merit The next one by merit The next one by seniority-cum-merit The cycle to be repeated.” vide Notification No. F. 7(6)/DOP/A-II//75-I, dated 31-10-1975. 28 d25A. Restriction of promotion of persons foregoing promotions.- 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 recommendation of the Departmental Promotion Committee, forgoes such an appointment through his written request and if the concerned Appointing Authority accepts his/her request, the person concerned shall be debarred from consideration for promotion (both on the basis or 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 forgoes promotion shall not be included in the seniority cum-eligibility list to be placed before the Departmental Promotion Committee for subsequent two recruitment years. PART VI APPOINTMENTS PROMOTIONS AND CONFIRMATION