Section 26

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

Appointment to the Service.- Appointment to posts in the Service by direct recruitment or by promotion, as the case may be, shall be made by Government on occurrence of substantive vacancies, by selection of persons in the manner indicated in rule 22 or in rules 24 and 25. @27. Urgent Temporary Appointment.- (1) A vacancy in the Service which cannot be filled in immediately either by direct recruitment or by promotion under the rules, may be filled in by the Government or by the #“Authority competent to make appointments”, as the case may be, by appointing in the officiating capacity thereto an officer eligible for appointment to the post by promotion or by appointing temporarily there to a person eligible for direct recruitment to the Service, where such direct recruitment has been provided under the provisions of these rules: _____________________________________________________________________ d Substituted for z "Restriction of promotion of parsons 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 recommendations of the Departmental Promotion Committee, forgoes such on appointment, he shall be considered again for appointment by promotion only after a period of one year (both on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee vide Notification No. F. 7(1) DOP/A-11/38, Dated 05.08.1998. z Added vide Notification No. F. 15(16)DOP/A-11/30 Dated 30.11.1981 @ Substituted for "27. Temporary or officiating appointments.- (1) A temporary vacancy in the Service, may be filled by Government by the Appointing Authority by appointing thereto in an officiating capacity an officer whose name is included in the lists prepared under rule 20 or in the lists prepared under sub-rules(2) and (3) of Rule 24, as may be required: Provided that till the preparation of the first list or in case the list is exhausted, a vacant post may be filled by Government by Appointing there to a % “Person” eligible for appointment to the post by promotion or by appointing thereto temporarily a person eligible for appointment to the Service by direct recruitment under the provisions of these rules: (2) A temporary vacancy in the junior post may he filled by the Appointing Authority by appointing thereto a person eligible for appointment to the post by promotion or by appointment thereto temporarily a person eligible for appointment by direct recruitment to the Service under the provisions of these Rules (3) No appointment made under sub-rules (1) and (2) above shall be continued beyond a period of one year without referring it to the Commission for their concurrence and shall be terminated immediately on their refusal to concur.” vide Notification No. F. 1(10)DOP/A-II/ 72 dated 19-02-1973. % Substituted for “member of the Service” vide Notification No. F. 12(56) Agr. I/61, Dated 12.02.1971. # Substituted for "Appointing Authority" vide Notification No. F. 1(10)DOP/A-II /72 Dated 17.03.1973 & 12-9-1973, second Proviso effective from 19-02-1973. 29 Provided that such an appointment will not be continued beyond a period of one year without referring the case to the Commission for concurrence, where such concurrence is necessary, and shall be terminated immediately on its refusal to concur: *Provided further that in respect of the Service or a post in the Service for which both the above methods of recruitment have been prescribed, the Government or the Authority competent to make appointment, as the case may be shall not, save with the specific permission of the Government in the Department of Personnel in the case of State Services and Government in the Administrative Department concerned in respect of other services, fill the temporary vacancy against the direct recruitment quota by a whole-time appointment for a period exceeding three months, otherwise than out of persons eligible for direct recruitment and after a short-term advertisement. $(2) In the event of non-availability of suitable persons, fulfilling the requirements of eligibility for promotion. Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall, however, be subject to concurrence of the Commission as required under the said sub rule." L28. Seniority.- “Seniority of persons appointed to the post encadred in the service shall be determined from, the date of appointment on the post after regular selection in accordance with the provisions of these rules. Appointment on ad hoc urgent temporary basis shall not be deemed to be appointment after regular selection." Provided:- (1) that seniority inter-se the persons appointed to the Service before commencement of these rules and/or in the process integration of the Service of the pre reorganization State of Rajasthan or the Service of the new States Rajasthan established by the State Reorganization Act, 1956, shall be determined, modified or altered by the Appointing Authority, on an ad-hoc basis; (2) that if to or more persons are appointed to a post in the same wing in the same year, a person appointed by promotion, shall be Senior to a person appointed by direct recruitment; ______________________________________________________________________ * Substituted for "Provided further that in respect of a Service or a post in a Service for which both the Method of recruitment have been prescribed the Government or the Appointing Authority as the case may be shall not fill the temporary vacancy by Appointing a person eligible for direct recruitment unless no suitable person eligible for promotion is available.” vide Notification No .F 1(10) DOP/A-II/72 dated 28-11-1973. $ Inserted vide Notification No. F. 7(7)Kamik/ Ka-II/75 dated 31-10-1975 L Substituted for @“Seniority in each wing of the Service shall be determined by the year of substantive appointment to a post in a particular wing” vide Notification No. F. 7(1)DOP/A-II/96 dated 10.10.2002 @ Substituted for 2"Seniority the Service shall be determined in each category the Service by the year substantive appointment.de Notification No.F.7(8)DOP/A-II/78 dated 20.07.1979 2 Substituted for "29. Seniority-Seniority in each Group of the Service shall determine by the year of substantive appointment to post in a particular group vide Notification No. F. 7(6)DOP/A-II/73 dated 15.11.1976. 30 (3) that the seniority inter-se of persons appointed to a post in a particular wing by direct recruitment on basis of one and the same selection except those who do not join Service when a post is offered to them, shall follow order in which their names have been placed in the list prepared under rule 20; (4) that the seniority inter-se of persons appointed to a posts in a particular wing by promotion shall follow the order in which their names have been placed in list prepared under sub-rule (2), (3) and (8) of rule 24; and π(5) that the seniority inter-se of persons appointed by promotion in a particular class of posts on the same date shall be the same as in the next below grade, except in the case of continued officiation on higher post when it shall be in accordance with the length of such continued officiation, provided that such officiation was not ad-hoc or fortuitous. δ(6) Deleted $(7) If two or more persons are appointed to the post of Assistant Engineer by promotion from different categories carrying different pay scale of post, persons carrying higher pay scale shall be placed senior to persons carrying lower pay scale &(8) Deleted B(9) Withdrawn 4(10) that reservation for Scheduled Castes and Scheduled Tribes Employees with consequential seniority, shall continue till the roaster points are exhausted, and adequacy of promotion is achieved. Once the roaster points are complete the theory of replacement shall thereafter be exercise in promotion whenever vacancies earmarked for Scheduled Castes/Scheduled Tribes employees occur. If on the application of these provisions the Scheduled Castes/Scheduled Tribes employees who had been promoted earlier and are found in excess of the adequacy level, shall not be reverted and shall continue on ad-hoc basis, and also any employee who had been promoted in pursuance to Notification No. F. 7(1)DOP/A-II/96 dated 1.04.1997 shall not be reverted. ________________________________________________________________________________ π Substituted for "that the person 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 shall be the same as in the best below grade, except an case of continued officiation on higher posts when it shall be in accordance with the length of continued officiation, provided that such officiation was not ad-hoc or fortuitous” vide Notification No. F. 7(10)DOP/A-II/77 dated 17-06-1978. δ Deleted “(6) that the seniority inter se of persons selected as a result of one and the same selection and appointed on the basis merit alone shall be in the same order in which their names appear the select list, irrespective of period continuous officiation.” vide Notification No. F. 7(10) DOP/(A-II)77 dated 17.06.1978 $ Added vide Notification No. F. 1(3)DOP/A-II/86, dated 6.07.1990. & Deleted *''that if a candidate belonging to Scheduled Caste/ Scheduled Tribe 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 Caste/ Scheduled Tribe in the immediate higher post/ grade.” vide Notification No. F. 7(1)DOP/A-II/2002, dated 28.12.2002. (w.e.f. 1.04.1997) * Added vide Notification No. F. 7(1)DOP/A-II/96 dated 1-04-1997. B Withdrawn “θ(Notification No. F. 7(1) DOP/A-II/2002 dated 28.12.2002) and £(F. 7(3) DOP/A-II/2008 dated 25.04.2008) from the date they were issued” vide Notification No. F. 7(3) DOP/A-II/2008 dated 11.09.2011. £ Deleted θ"Provided that a candidate who has got the benefit of proviso inserted vide Notification No. F. 7(1)DOP/A-II/96 Dated 01.04.1997 on promotion to an immediate higher post shall not be reverted and his seniority shall remain unaffected. This proviso is subject to final decision of the Hon‟ble Supreme Court of India Writ Petition (Civil) No. 234/2002 All India Equality Forum v/s Union of India and Others." vide Notification No. F. 7(3)DOP/A-II/2008, dated 25.04.2008 (w.e.f. 28.12.2002) θ Inserted vide Notification No. F. 7(1)DOP/A-II/2002, dated 28.12.2002. 4 Added vide Notification No. F.7 (1) DOP/A-II/96 dated 11.09.2011 31 Notification No. F. 7(1)DOP/A-II/96 dated 1-4-1997 shall be deemed to have be repealed w.e.f. 1-4-1997 Explanation: Adequate representation means 16% representation of the Schedules Castes and 12% representation of the Scheduled Tribes in accordance with the roster point. #“29. Period of Probation.- (1) A person entering the service by Direct Recruitment against a clear vacancy shall be placed as Probationer-trainee for a period of 2 years. Provided that any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation. (2) During the period of probation, specified in sub-rule (1), each probationer- trainee may be required to pass such Departmental Examination and to undergo such training as Government may, from time to time, specify." ^(3) Deleted $29-A. Pay during probation.- A probationer trainee appointed to the service by direct recruitment, shall be paid monthly fixed remuneration during the period of probation at such rates as may be fixed by the Government from time to time: Provided that an employee having been regularly selected as per provisions of recruitment rules in the Government service may be allowed emoluments in his/her own pay scale in the existing pay scale of the post during service as probationer trainee or fixed remuneration of the new post, whichever is advantageous to him/her. # Substituted for Å“(29) Period of Probation:- ¥“(1) All persons appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed to the Service by promotion/Special Selection against a substantive vacancy shall be placed on probation for a period of one year.” Provided that- (i) Such of them as have, previous to their appointment by promotion*“/Special selection” or by direct recruitment against a substantive vacancy, officiated temporarily on the post which is followed by regular selection may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation. This shall, however, not amount to involve supersession of any senior person or disturb the order of their preference in respective quota or reservation in recruitment; (ii) Any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation. (2) During the period of probation specified in sub-rule (1), each probationer may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify. Explanation:- In case of a person who dies or is due to retire on attaining the age of superannuation the period of probation shall be reduced so as to end one day earlier on the date immediately preceding the date of his death or retirement from government service. The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in case of death or retirement.” vide Notification No. F. 7(2)DOP/A-II/2005 dated 20.01.2006 Å Substituted for “29. Probation:- (1) All persons appointed to the Service by direct recruitment or promotion shall be on probation for a period of two years in the case of direct recruitment and one year in the case of promotion. (2) All persons promoted to senior posts in the Service shall be on probation for a period of six months: Provided that such of them as have previous to such appointment officiated or served temporarily on a post encadred in the Service may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation up to a maximum of six months. (3) During the period of probation each probationer shall be required to pass such departmental examination and to undergo such training as Government may, from time to time specify.” vide Notification No. F. 1(35)Karmik/Ka-II/74 dated 4-05-1977. ¥ Substituted for “(29). Period of Probation:- (1) Every person appointed against a substantive vacancy in the service by direct recruitment shall be placed on probation for a period of two years and those appointed by promotion *“/Special selection” to any post against such a vacancy shall be on probation for a period of one year.” vide Notification No. F. 1 (35)DOP/A-II/74 dated 9-04-1979. * Inserted vide Notification No. F. 1(35)Karmik/Ka-2/74 dated 3-08-1977. ^ Deleted ϟ“(3) The period spent a probationer trainee shall not be counted for experience and eligibility for promotion.” vide Notification No. F. 7(2)DOP/A-II/2005 dated 26.04.2011 ϟ Added vide Notification No. F. 7(2)DOP/A-II/2005 dated: 13.06.2008 $ Added vide Notification No. F. 7(2)DOP/A-II/2005 dated 13.06.2008 (w.e.f. 20.01.2006) 32 β“29-B.” Confirmation in certain cases.- %"(1) Notwithstanding anything to the contrary contained in the preceding role person appointed to post the service by direct recruitment as probationer rules has been confirmed within after satisfactory completion of probation for period of years shall be entitled to be treated as in with his/her seniority if,- (i) he/she has worked post or higher post under the same Appointing Authority or would so worked but his/her deputation training: (ii) he/she fulfills conditions as are prescribed under rule to confirmation quota prescribed under and these rules; and (iii) he has been appointed against a substantive vacancy" (2) If an employee referred to in sub-rule (1) above fails to fulfill the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probation or under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfill the conditions mentioned in sub-rule (1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled. β Renumbered Rule θ“29-A” as Rule “29-B” vide Notification No. F. 7(2)DOP/A-II/2005 dated 13-06-2008. θ Substituted for @“29-A. "(a) Notwithstanding anything contained in the preceding rule, if no order of confirmation is issued by the Appointing Authority within a period of six months, an employee appointed on temporary or officiating basis who has, after the date of his regular recruitment by either methods of recruitment completed a period of two years service, or less in the case of those appointed by promotion where the period of probation prescribed is less, on the post or a higher post under the same Appointing Authority or would have so worked but for his deputation or training, shall on the occurrence of permanent vacancies be entitled to be treated as confirmed if the same conditions as are prescribed under the Rules for the confirmation of a probationer are fulfilled subject to the quota prescribed under the Rules and in accordance with his seniority: Provided that if the employee has failed to give satisfaction or has not fulfilled any of the conditions prescribed for confirmation, such as passing of Departmental Examination, training or promotion cadre course etc., the aforesaid period may be extended as prescribed for probation or under the Rajasthan Civil Services (Departmental Examination)Rules,1959 and any other rules, or by one year whichever is longer. If the employee still fails to fulfill the prescribed conditions or fails to give satisfaction, he will be liable to be discharged from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled: Provided further that no person shall be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period. (b) The reasons for not confirming an employee referred to in the second proviso to clause (a) shall, in the case of a non-gazetted employee, be also immediately recorded by the Appointing Authority in his Service Book and C.R. file and in the case of Gazetted officer communicated to the Accountant General, Rajasthan and in his Confidential Report File. A written acknowledgement shall be kept on record in all these cases. Explanation: (i) Regular recruitment for the purpose of this rule shall mean appointment after either of the methods of recruitment or on initial constitution of service in accordance with any of the Service Rules promulgated under proviso to Article 309 of the Constitution of India or for posts for which no Service Rules exist, if the posts are within the purview of Rajasthan Public Service Commission recruitment in consultation with them but it shall not include an urgent temporary appointment, ad-hoc appointment or officiating promotion against temporary or lien vacancies which are liable to review and revision from year to year. In case where the Service Rules, specifically permit appointment by transfer such appointment shall be treated regular recruitment if the Appointment to the post from which the official was transferred was after regular recruitment. Persons who have been eligible or substantive appointment to a post under the rules shall be treated as having been regularly recruited. (ii) Persons who hold lien in another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary, they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease." vide Notification No. F. 2(4)DOP/A-II/79 dated 22-11-1984. @ Substituted for £“29-A. Notwithstanding anything contained in Rule 29, a person who has been regularly recruited against a temporary post and has put in two years service after such regular recruitment shall not be placed on probation on conversion of such post into a permanent one but he shall be confirmed only after he has fulfilled the conditions of confirmation has laid down in the rule.” vide Notification No. F. 7(7)DOP/A-II/74, dated 28.12.1974. £ Inserted vide Notification No. F. 1(14) Apptts.(A-II)/70, dated 16.09.1971. % Substituted for " (1) Notwithstanding anything to the contrary contained in the preceding rule a person appointed to a post in the Service temporarily or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these rules, has not been confirmed, within a period of six months on completion of a period of two years‟ service in case he is appointed by direct recruitment or within a period of one year service in case he is appointed by promotion, shall be entitled to be treated as confirmed in accordance with his seniority, if:- (i) he has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training; (ii) he fulfills conditions as are prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and (iii) permanent vacancy is available in the department." vide Notification No. F. 7(1)DOP/A-II/2020, dated 04.02.2022. 33 (3) The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of service. (4) The reasons for not confirming of any employee referred in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report. Explanation:- (1) Regular recruitment for the purpose of this rule shall mean:- (a) appointment by either method of recruitment or on initial constitution of service in accordance with the Rule made under the proviso to Article 309 of the constitution of India; (b) appointment to the posts for which no Service Rules exists, if the posts are within the purview of the Commission, recruitment in consultation with them; (c) Appointment by transfer after regular recruitment where the service Rules Specifically permit (d) Persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited: Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision. (ii) Persons who hold lien another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary, they shall be deemed to have exercise option in favour of confirmation under this rule and their lien on the previous post shall cease. Г30. Unsatisfactory progress during probation.- (1) If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that services of a probationer-trainee are not found to be satisfactory, the Appointing Authority may revert him/her to the post on which he/she is regularly selected immediately preceding his/her appointment as probationer-trainee or in other cases may discharge or terminate him/her from service, The Appointing Authority shall accord appropriate opportunity to the probationer-trainee before final orders are passed in this respect: ____________________________________________________________________ Г Substituted for δ“30. Unsatisfactory progress during probation.- (1) "If it appears to the appointing authority, at any time, during or at the end of the period of probation, that services of a probationer-trainee are not found to be satisfactory, the appointing authority may revert him/her appointment as probationer trainee or in other cased may discharge or terminate him/her from service. Provided that the appointing authority may, if it so think fit in any case or class of cases, extend the period of probation of any member of service by a specified period not exceeding two years in case of person appointed to a post in the service by direct recruitment and one year in the case of persons appointed by promotion *“/special selection” to such post: ¥“Provided further that the Appointing Authority may, if it so thinks fit in case of persons belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, extend the period of probation by a period not exceeding one year at a time and a total extension not exceeding three years." (2) Notwithstanding anything contained in the above proviso, during the period of probation, if a probationer is placed under suspension, or disciplinary proceeding are contemplated or started against him, the period of his probation may be extended till such period the Appointing Authority thinks fit in the circumstances. (3) A probationer reverted or discharged from service during or at the end of the period of probation under sub-rule (1) shall not be entitled to any compensation." vide Notification No. F. 7(2)DOP/A-II/2005 Dated-13.06.2008 (w.e.f. 20.01.2006) δ Substituted for “31. Unsatisfactory progress during probation:- (1) If appears to the Appointing Authority, at any time during or at the end of the period of probation, that a member of the Service has not made sufficient use of his opportunities or that he has failed to give satisfaction, the Appointing Authority may revert him to the post held substantively by him immediately his appointment provided he holds a lien thereon; or in other cases, may discharge him from service. Provided further that the Appointing Authority may extend the period of probation of any member of the Service by a specified period not exceeding one year. (2) A probationer reverted or discharged from the Service during or at the end of the period of probation under sub rule (1) shall not be entitled to any compensation. vide Notification No. F. 1(35) Kamik/Ka-174 dared 04.05.1977 34 Provided that the Appointing Authority may, if it so thinks fit in any case or class of cases, extend the period of probation of any probationer-trainee by a specified period not exceeding one year.