Section 30: Seniority

* “30. 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 or urgent temporary basis shall not be deemed to be appointment after regular selection.” (1) Seniority inter-se of persons appointed to a post in the Service before the commencement of these rules or in the process of integration of the Service of the Pre-organized State of Rajasthan or the service of the new State of Rajasthan established by the States of Reorganization Act, 1956, shall be determined modified or altered by the Appointing Authority according to such principles as may be prescribed by the Government. (2) If two or more persons were appointed to a post in the same year, a person appointed by the promotion shall be senior to the person by direct recruitment. + "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 is 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 entitle to any compensation.” vide Notification No. F. 7(2)DOP/A-II/2005, dated 13.06.2008. (w.e.f. 20.01.2006) @ Re-numbered “Rule 29” as “Rule 28” and Substituted for “28. 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 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 hold substantively by him immediately preceding his appointment provided he holds a lien thereon, or in other cases, may discharge him from service : Provided further that 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 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)Karmik/Ka-II/74, dated 04.05.1977. Inserted vide Notification No. F. 1(35)Karmik/K-II/74, dated 03.08.1977. + Inserted vide Notification No. F. 7(6)DOP/A-II/77, dated 26.10.1977. (w.e.f. 01.01.1973) * Substituted for Substituted for “30. Seniority:- Seniority of a person appointed to post in the Service shall be determined in the following Manner” vide Notification No. F. 1(18)Apptts/A-II/70, dated 08.08.1975. (3) Seniority inter-se of persons appointed to a post by direct recruitment on the basis of one and the same selection except those who do not join the service when post is offered to them within a period of two months from the date of issue of order or longer if extended by the Appointing Authority shall follow the order in which their names have been placed in the list prepared under rule 20. β(4) that the persons 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 and on the basis of merit in the same selection shall be the same as in the next below grade; (5) Subject to the provisions of these rules, seniority of persons who were appointed on temporary posts which were to continue for a period of more than one year and who are. substantively appointed subsequently on such posts becoming permanent, shall be determined on the basis as if such posts had become permanent during the same year in which they were temporarily appointed and as if they were appointed substantively in that year provided that such persons shall rank junior to those who were initially appointed against a permanent vacancy in that year. @(6) That the seniority inter-se of persons appointed by promotion to a particular class of posts on the same date shall be the same as in the next below grade except in cases of continued officiation on higher posts when it shall be in accordance with the length of such continued officiation if such officiation was not ad-hoc or fortuitous. 2(7) Deleted. 3(8) Deleted. 4(9) Withdrawn β 1 Substituted for "(4) that the persons 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 next below grade, except in 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. 1 Substituted for "(4) that the seniority inter se of persons appointed by promotion to a particular class of posts on the same date shall be the same as in the next below grade, except in cases of continuous officiation on higher posts when it shall be in accordance with the length of such continued officiation, provided that such officiation was not ad-hoc or fortuitous.” vide Notification No. F. 7(6)Karmik/Ka-II/75-II, dated 31.10.1975. @ Inserted vide Notification No. F. 1(26)Apptts/A-II/61/Pt.II, dated 25.09.1975. 2 “(7) That the Seniority inter-se of persons selected as a result of one and the same selection and appointed on the basis of merit alone shall be in the same order in which their names appear in the select list, irrespective of the period of continuous officiation.” vide Notification No. F. 7(10)DOP/A-II/77, dated 17.06.1978. Inserted vide Notification No. F. 7(6)DOP/A-II/75.II, dated 31.10.1975. 3 Deleted + “(8) That if a candidate belonging to the Scheduled Caste/Scheduled Tribe is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/grade, the general/OBC candidates will regain his seniority over such earlier promoted candidate of the Schedule Caste/Schedule Tribe in the immediate higher post/grade.” vide Notification No. F. 7(1)DOP/A-II/2002, dated 28.12.2002. (w.e.f. 1.4.1997) + Added vide Notification No. F. 7(1)DOP/A-II/96, dated 01.04.1997. 4 Withdrawn “ Added vide Notification No. F. 7(1)DOP/A-II/2002, dated 28.12.2002. (10) the inter-se seniority of the persons screened under proviso added by these amendment rules in rule relating to method of recruitment, shall be determined according to the length of continuous service after their irregular appointment. These persons shall rank junior to the persons appointed regularly before the commencement of these amendment rules. @(11) Provided that reservation for Scheduled Castes and Scheduled Tribes employees, with consequential seniority, shall continue till the roster points are exhausted; and adequacy of promotion is achieved. Once the roster points are complete the theory of replacement shall thereafter be exercised 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(l)DOP/A-II/96, dated 1-4-1997 shall not be reverted. Notification No. F. 7(l)DOP/A-II/96 dated 1-4-1997 shall be deemed to have been repealed w.e.f. 1-4-1997. Explanation:- Adequate representation means 16 representation of the Scheduled Castes and 12 representation of the Scheduled Tribes in accordance with the roster point.