Seniority-cum-merit promotion

(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;

(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.

(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.

(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.