Additional Provisions on Promotion Eligibility

(4) No person shall be considered for promotion for "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.

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. (iii) 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. (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 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 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 Scheduled 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 Casts 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;

(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 rule, 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/Annul 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 the 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.