What is the latest rule followed in case of promotion?
Should it be according to merit only or according to date of joining?
Suppose ‘a’,’b’,’c’,’d’ were recruited in the post of L.D.C by the process of direct recruitment. In the merit list ‘a’ was on top, followed by ‘b’,’c’ and ‘d’. Police verification started in the month of January and police verification of ‘d’ cleared first and he joins first, followed by ‘c’,’b’ and lastly ‘a’ joined in September. In the time period between joining of ‘b’ and joining of ‘a’, two more candidates ‘e’ and ‘f’ were recruited in compassionate ground. Now at the time of promotion to U.D.C, all of them are promoted according to their date of joining. The position of these six in the gradation list are as follows: ‘d’,’c’,’b’,’e’,’f’,’a’.
My question is whether this gradation list and subsequent promotion order correct? if not, then please explain.
Dear Mr. Roy Chowdhury
At first welcome to the forum.
Secondly, though you did not mention in your post, I assume the matter is post 1981. The Determination of Seniority Rules, 1981 has two aspects – Seniority for pre-1981(precisely prior to 11th March, 1981) appointees and post-11th March, 1981 appointees.
If it is the later case, inter-se-seniority should be on the basis of date of joining. It should be on the basis of ‘Merit List’. Gradation list should be prepared on that basis, so as promotion with due regard to the Reservation Rule and subject to performance. And two things i.e. selection of candidates on the basis of the recommendation of the Commission and appointment on compassionate ground may be considered as two different selection methods, and candidates of the earlier selection will be senior to those selected by the later process.
For details of the Rule, please go through the ‘West Bengal Services (Determination of Seniority) Rules, 1981’, available at the following link.
what will happen if administration now says that there is no merit list for the recruitment of ‘a’, ‘b’, ‘c’, ‘d’? can administration of office say this?
If the appointees have been selected by the P.S.C., they send the list of the names of the sponsored candidates mentioning their merit. In other cases, when appointees are selected through a Departmental interview, the result of the interview is the merit list.
Suppose ‘a’,’b’,’c’,’d’ were recruited in the post of L.D.C by the process of direct recruitment. The examination was taken by the Office itself, not by P.S.C. The merit list was published in December, 2007 where ‘a’ was on top, followed by ‘b’,’c’ and ‘d’. Police verification started in the month of January, 2008 and police verification of ‘d’ cleared first and he joined on 20.01.2008, followed by ‘c’ on 16.03.2008, ‘b’ on 24.04.2008 and lastly ‘a’ joined in September, 2008. In the time period between joining of ‘b’ and joining of ‘a’, two more candidates ‘e’ and ‘f’ were recruited in compassionate ground in the month of May, 2008. Now at the time of preparation of gradation list and of promotion to U.D.C , ‘a’, ‘b’,’c’,’d’ are arranged according to merit, but ‘e’ and ‘f’ are placed before ‘a’.
The administration says that “in case of compassionate ground candidates, date of joining is considered and as ‘e’ and ‘f’ joined prior to the joining of ‘a’, so they will be placed before the direct recruited candidates.”
My question is: Whether this gradation list and subsequent promotion order correct? if not, then please explain.