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What are the promotion rules for the departmental promotion to higher ranks on the recommendation of PSC, WB where the Governor becomes the Appointing Authority? Is it on Seniority Cum Merit or Merit cum Seniority basis? In any of the cases, which rules are applicable on the employees who get promotion from lower to higher ranks by selection by departmental promotion committee of PSC, WB? Hon’ble members of this forum are requested to kindly guide me with reference.
Hello dear
We have seen you after a long long gap. How are you? We miss you. Congratulation for return.
Thanks. I am obliged that I am in your mind even after a long gap. In fact most of the time I remain out of Kolkata in other states for pleading in the cases which are connected with the parties living in Kolkata. That is why I do not get the chance to visit this site. I am very happy that this site has improved considerably. Now I am stuck in a legal point which can be solved by the members of this forum and hence I am again present here.
Hello @adil85: We are missing you too much. Hope you are doing well.
In regard to your query I like to state that in such cases promotion is based on Merit cum Seniority basis. For example, I joined in PWD, Govt. of West Bengal as an Assistant Engineer in 2007. In our batch I was the last person to join in service due to delay in Police Verification Procedures. Still, I got promotion to higher post i.e. Executive Engineer according to the merit list published by PSC during recruitment procedures. I hope it may be a reference for you. There must be G.O. regarding the same and I will search if it helps.
Who was your appointing authority at the time when you joined as an AE in 2007? If it was Governor then it is alright but if it was some one else below the Governor then which rule had been followed to promote you on merit cum seniority basis? Please enlighten. I am not finding any Promotion rule signifying the criteria for the promotion.
Appointing authority was Deputy Secretary – I, PWD, Govt. of WB. through Public Service Commission.
DS-I appoints on behalf of the Governor.
That is why the seniority had been fixed on the basis of the gradation list prepared at the time of entry in to the job. My case is separate. In a case neither the Secretary on behalf of the Governor nor the Governor was the appointing authority. It was an S.P of District. The officer got promotion twice and his gradation was fixed from the feeder post. When he was appointed to the Civil Post by the Governor on the recommendation of PSC then he found that his gradation had been unsettled. PSC says that they had promoted him on the basis of merit cum seniority but failed to show any rule framed by the Governor under Article 309 of the Constitution. I want to confirm whether the PSc can unsettle the gradation of a candidate when in fact it is the only recommending authority?