Confusion with promotion

Dear Mr. Ray,
Thank you very much for prompt response. But, let me take some time for arrangement of text of rules.
Zone of consideration is a matter of promotion by SELECTION. But, the officers of the instant case is facilitated with NON-SELECTION method of promotion as per Recruitment Rules of the Cadre.
Interse seniority of the officers in the feeder grade is always maintained in the promotional grade if they are found ELIGIBLE for promotion. According to the Dept. of Personnel & Training, Govt. of India, Office Memorandum No. 43038/2/92-Estt(SCT) dated 31.12.1992 the rosters are intended to be an aid to determine the number of vacancies to be reserved and are not meant to be used for determining the order of appointment or seniority. ( Govt. of India O.M. No. 27/2/71-Estt(SCT) dtd. 27.11.1972) While making promotions the panel of the ELIGIBLE employees is prepared without disturbing interse seniority in the feeder grade and, the same panel operates irrespective of roster points. This means that the employees are promoted from the panel strictly according to their position in the panel and not according to the occurrence of the reserved points in the roster ( Govt. of India, DPAR, O.M. No. 10/52/73-Estt(SCT) dated 24.05.1974). Assume that in the panel for promotion there are two names and the names of the general candidate is on the top followed by a SC candidate because of interse seniority of the feeder grade.. In that case, the general candidate will be promoted first, even if the vacancy which occurs first is reserved. The SC candidate will be promoted when the next vacancy is available and, thus the interse seniority of the eligible candidates in the feeder grade is maintained in the promotional grade also.
In time-bound promotion, all the officers who are found ELIGIBLE by DPC get promotion after completion of residency period irrespective of the number of vacancies available in promotional grade. That’s why it is ‘time-bound’ and FUNCTIONAL upgradation. For examples, AIS for IAS, IPS & IFS officers, FCS (Flexible Complementing Schemes) for Scientific and Technical posts at the Centre.
On the other hand, the Organised Group-A Service under Govt. of India offers time bound UPGRADATION OF SCALE on completion of residency period, with out any link to the vacancy. But, the up-gradation granted in this scheme is a purely NON-FUNCTIONAL UPGRADATION (without promotion). It is personal to the officer and It would not confer any right on the officer to claim promotion or deputation benefits based on non-functional up-gradation in such a manner. Here promotion is by SELECTION method and subject to vacancy available in the promotional grade. All the prescribed eligibility criteria and promotional norms including ‘benchmark’ for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale under DoPT O.M No. AB-14017/64/2008- Estt [RR] dated 24.04.2009 read with No. AB.14017/39/2009-Estt.(RR) dated 02.04.2012. For examples, NFU under Organised Group-A service is available to the Group-A officers in Central PWD, Central Board of Excise and Customs, Indian Revenue Service [Income Tax], Indian Ordinance Factories Services etc.
However, in instant case all are Group-A officers and their time bound promotion (i.e. functional) takes place by NON-SELECTION method (Seniority-cum-Fitness). Cadre review is done in the service well in advance to redistribute posts in the cadre so as to accommodate the officers who will be found ELIGIBLE by DPC for promotional grade. Such advanced review of posts in the cadre is done to avoid delay in promotion which is time-bound. For example, the number of posts required in promotional grade for promoting all officers on expiry of residency period in feeder grade is determined about five years in advance. It is pre-planned and intended to keep up morale of officers and motivate them to work hard.
In this particular case, my confusion is that all the officers belong to SAME BATCH and interviewed in the same spell but, recommended in different phases because of delay in verification of some documents. As per seniority list, some officers who are senior as per interse seniority joined very late. It was not their fault. But, problem will start when their juniors will be completing residency period and becoming eligible for getting timely promotion, the seniors will not complete the prescribed residency period and would NOT become eligible (!) for promotion. Then what to do – whether eligible juniors will be promoted first to maintain the spirit of time-bound promotion! If so, they will supersede many other officers who are senior to them as per interse seniority in the feeder grade. Or else, the DPC will be held up till ALL the officers complete residency period to become ELIGIBLE and, then only all will be promoted by the same DPC at a time without disturbing their interse seniority. In such a situation, promotion will NOT be time-bound for those officers who will be completing residency period about 1 or 2 years ago. They will be sufferers! Here, reservation has no role as all employees, in non-selection method of promotion, are promoted irrespective of the availability and nature of vacancy.
Sorry for the lengthy post. But, I can’t help it! Pls bear it with me. Enlighten me.

2. Contradiction – as you say if ‘Inter se seniority of the eligible officers in the feeder grade is always maintained in the promotional grade’ the question ‘whether eligible juniors will be promoted first!’ does not arise. ………………………………..
………………As you say, ‘with reference to which the deptt. prepares the seniority list of those candidates’, the inter-se-seniority in the feeder post has already been determined and the same inter-se-seniority is to be maintained in the ‘promotional grade’. If it is to be maintained, a junior one can not be promoted earlier than a senior one.

Exactly, it’s really a contradiction! That’s why I have posted the issue in the forum for discussion! I have heard that this is probably a rare case in appointment in govt. service.
Thank you very much for kind cooperation.

Dear Mr. Ray,
Thank you once again for your valuable comments. I also think that the entire batch has to wait for promotion till the officer who joined last becomes eligible by completing residency period provided that ACRs of all are Ok.
As you say “Some offices, where RR is not clear in this regard, follow a practice of making ‘confirmation’ of employees of such a batch with effect from a single date with a single order maintaining the seniority.” – Does it imply that seniority is counted from the date of confirmation? What is the rule? A single office order may contain the list of all employees who join on different dates and have different dates of substantive appointment counted from respective dates of their entry in the service! In a single DPC meeting service of all the employees of same & different batches is confirmed with retrospective effect and, hence confirmation process is delayed. But, it’s a very common practice as it reduces the workload of the deptt.
It is not clear to me how can the dates of confirmation (substantive appointment) of all the officers be shown as the SAME although many of them joined on different dates and have already completed 3 years (temporary service + probation) on different dates counted from the respective dates of their joining! Unless there is anything objectionable to their act, performance etc. during this 3 yr period the officers who joined early but have the date of confirmation same as that of those who joined late would be deemed to have been punished without their fault! How to account for this deferred substantive appointment in service record unless their is no adverse comment against them!
Delay in submission of PVR: Central Govt. has already taken decision to wait for a maximum of 3 months for PVR. The appointment letter shall be issued to the candidate even if the PVR does NOT reach the deptt. within this time limit. I have heard that State Govt. was also thinking the same but, I don’t know whether it has been implemented in our State or not!
HAPPY DIWALI!
With regards.

Dear friends,
(1) What is the minimum reporting period for which an ACR can be written?
(2) Whether the name of an employee shall be considered by DPC if his ACR for any period is not written for some valid reasons! For example, ACRs for the period 2008 – 2012 are to be seen by DPC and, ACR for 2010 of a particular employee is not written due to absence for a major period on leave!
With regards.