(l) The Committee referred to in sub-rule (1) of Rule 19 shall prepare a list of such persons as satisfy the condition prescribed in Rule 14 and are held by the said Committee to be suitable for promotion to the Panchayat Service.
This list shall be suffiCient to cover the anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of the select list. a reserve lIst consistli:igol 26 -per - ------ cent. of .the number of persons included in the said list shall also be prepared to meet the unforeseen vacancies viewing during the course of the aforesaid period.
(2)For preparing the select list of persons for promotion from the post of Class IV to Class III and from Class III to Class II the criterion shall be seniority subject to fitness.
(3)The names of the employees included in the list shall be arranged in order to seniority in tpetr service or post as sp.ecified in cohllnn (2) of Schedule~IVat the time of preparation of such select list:
Provided that any junior employee who in the opinion of the said COmmittee, if of exceptional merit and suitability may be assigned in the - list.higher place than of an official senior to him. -
Explanation.-A person whose name is included in a select list •.but, who is not promoted during the validity of the list shall have no claim to seniority over those considered ina subsequent selection merely by the fact of his earlier selection.
R.24 PAN .... (RECRUIT. & GEN. COND!. ...J RULES, 1999 (PR)557
(4)The list so prepared shall be reviewed and revised at such intervals as may be necessary. .
(5) If in the process of selection, revie~ or revision: it is proposed to supersede any member of the service, the said Committee shall record its reason for the proposed supersession ..
'23. Select list.~(l) The appointing authority shall consider the list prepared by the said Committee, and unless it considers any change necessary, approved the list. .
(2) If the appointing authority considers it necessary to make any change in the list shall approve the list finally with such modifications, if any. narrating reasons thereof in writing.
(3) The list as finally.approved by the appointing authority shall from the select' list for promotion of the members of service from the post mentioned in column (2)of Schedule-IV to the post mentioned in column .(4)of the said Schedule. .'
(4)The select list shall ordinarily be inforceuntil is reviewedor revised in accordance with sub-rule (4)of rule 22, but its validity shall not be extended beyond a total period of 18 months from the date of its preparation:
Provided that in the event of a grave lapse in the conduct or performance of duty on the part of any persons included in the select list a special review of the select list Inay be made at the instance of appointing authority and the said committee may if it thinks fit. remove the names of su.ch~~~q~~~f~~~.~~_.~~l~~~}~~~, ..._.. , C~.-=-- ,_,.,_ .. _ ...~... _ .... : ..... : •. .. _.__ COMMENTARY ,. / No requirement of assessment of comparative merit for promotion on the basis of seniorlty-cum-fitness.-It is clear that criteria for promotion is seniority-cum-fitne.ss. The Apex,Court in the case of Union of India v. Lt General RaJendra Singh Kadyan, (2006)6 see 69B, has considered .
the criteria of Seniority-Cum- Fitness and held that wherever fitness is stipulated as the basis of selection, it is regarded as a no-selection post to be filled on the basis of seniority subject to rejection of the unfit. Fitness _. means. fitness .in...all_respects._~Seniority~Cum::Merif'__postulates_the _re-.._. .... _ quirement o(certain minimum merit or satisfying a benchmark previously ftxed~Subject to fuJfiJling this requirement the promotion is based on seniority. There is no requirement of assessment of comparative merit '. both in'the case of seniority-cum-fitness and seniority-cum-merit. Thus, whq.epromoting an employee on the 'basis of seniority-cum-fttness, there is no requirement of assessment of comparative merit and an employee is to be promoted if he fulfils the minimum merit of satisfying a benchmark fixed by the DPC. Bharat Bhushan Sharmci.',v. State:of M.P., 2009(1) JLJ 445 [DB].
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