Section 30: Appointment to the Service

30. Appointment to the Service.- Appointment to the posts in the Service by direct recruitment, as probationer trainee on fixed remuneration, shall be made by the Appointing Authority on occurrence of substantive vacancies from the candidates selected under rule 24 in the order of merit. θ“deleted” (iii) where, adequate number of the candidates belonging to the Scheduled Castes or the Schedule 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 Castes 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 the post in the same pay scales, 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 then 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 of the senior most persons who are eligible and qualified for promotion to the class of posts 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 on the category of posts 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 rules, 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 / Annual Performance Appraisal Reports and other service record 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 he does not have "Outstanding" or "Very good" record in at least four out of the 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 the meeting of the Committee is held and such promotions 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 derived at the time of his promotion, but no arrears of pay shall be allowed to him. (12) The Government may order for the review of the proceedings of the Committee held earlier, on account of some mistake of error apparent on the face of record, or on account of a factual error substantially affecting the decision of the Committee 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 shall always be obtained before holding the meeting of the review Committee. (13) The list prepared by the Committee shall be forwarded to the Commission by the Appointing Authority along with the Personal Files and Annual Confidential Rolls/Annual Performance Appraisal Reports of all the persons whose names have been considered by the Committee. (14) 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 considered 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 approval of the Government. (15) Appointment shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (14) in the order in which they have been placed in the list, till such lists are exhausted or reviewed and revised or remained in force, as the case may be. (16) 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. (17) The provisions of this rule shall have effect not withstanding anything to the contrary contained in any provision of these rules. θ Deleted "and by promotion from the persons selected under rule 28." vide Notification No. F. 1(2)DOP/A-II/10 dated 07.02.2017.