Section 32: Seniority

32. 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 provisions of these rules. Appointment on ad-hoc or urgent temporary basis shall not be deemed to be appointment after regular selection. Provided that- (i) the inter seniority of persons appointed to a post in a particular category by direct recruitment on the basis of one and same selection, except those who do not join Service when a post is offered to them within a period of six weeks from the date of issue of order or longer, if extended by the Appointing Authority, shall follow the order in which their name have been placed in the list prepared under rule 24. 29. Restriction of promotion of persons foregoing promotions.- In case a person on his/her appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, forgoes such an appointment through his/her written request, and if the concerned Appointing Authority accepts his / her request, the person concerned shall be debarred from consideration for promotion (both on the basis of urgent temporary appointment or on regular basis) for subsequent two recruitment years for which the Departmental Promotion Committee is held and the name of such a person who foregoes promotion shall not be included in the seniority-cum-eligibility list to be placed before the Departmental Promotion Committee for subsequent two recruitment years." vide Notification No.1(2)DOP/A-II/10 dated 07.02.2017. Substituted for "five recruitment years" vide Notification No. F. 7(1)DOP/A-II/95 Pt.III dated 19.09.2017 w.e.f. 01.04.2017 1 Substituted for b“Provided also that while counting the total number of children of a candidate, the child born from earlier delivery and having desability shall not be counted.” vide Notification No. F. 7(1) DOP/A-II/95/Pt.-III dated 03.07.2019 (w.e.f. 01.06.2002) b Added vide Notification No. F. 7(1)DOP/A-11/95/Pt.-II dated 24.02.2011 2 Substituted for µ “(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 disqualified if any child is born out of single delivery from such remarriage.” vide Notification No.F.7(1)DOP/A-II/95 Pt.II dated 18.08.2020 µ Added vide Notification No. F. 7(1)/DOP/A-II/95pt.II, dated- 20-11-2015.(w.e.f. 01-04-2015) * Substituted for " Urgent Temporary Appointment.- (1) A vacancy in the service which cannot be filled in immediately either by direct recruitment or by promotion under the rules may be filled in by the Government or by the authority competent to make appointment, as the case may be, by appointing in an officiating capacity thereto an officer eligible for appointment to the post by promotion or appointing temporarily thereto a person eligible for direct recruitment to the service, where such direct recruitment has been provided under the provisions of these rules: Provided that - (i) such an appointment will not be continued beyond a period of one year without referring the case to the Commission for concurrence, and shall be terminated immediately on its refusal to concur. (ii) in respect of a post in service for which both the methods of recruitment have been prescribed, the Authority competent to make appointment, shall not, save with the specific permission of the Government in the Department of Personnel, fill the temporary vacancy against the direct recruitment quota by a whole-time appointment for a period exceeding three months otherwise than out of' person eligible for direct recruitment and after a short-term advertisement. (2) In the event of non-availability of suitable persons fulfilling the requirement of eligibility for promotion, Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall, however, be subject to concurrence of the Commission as required under the same said sub-rule." vide Notification No. F. 1(2)DOP/A-II/10 dated 07.02.2017. (ii) if two or more persons are appointed to service during the same year a person appointed by promotion shall rank senior to a person appointed by direct recruitment. (iii) the persons selected and appointed as 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. (iv) the seniority inter-se of persons selected on the basis of seniority cum merit and basis of merit in the same selection shall be the same as in the next lower grade. *“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.”