Confusion with promotion
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November 10, 2012 at 9:36 am #68067unknownParticipant
Dear friends,
Suppose, in a WB PSC selection for a particular service, the recommendation letters and the lists of the selected candidates of the SAME BATCH are provided to the concerned department in THREE PHASES on diverse dates over a period of two years. Such delay is due to the excess time required & taken by the PSC for verification of credentials and clearing some doubts before final selection. The candidates joined the posts on different dates in three years because of delay in publication of results and issuance of Appointment Letters. The merit list of the candidates is supplied by PSC to the department and, with reference to which the deptt. prepares the seniority list of those candidates as follows:
Seniority list as on 01.01.2012Sl. No. Officers Category Dt of joining 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20Kumar
Roy
Samanta
Islam
Ram
Mukhopadhyay
Chatterjee
Bhowmik
Ganguli
Mohan
Saha
Anita
Mondal
Das
Sarkar
Pal
Gayen
Ghosh
Talukdar
MurmuOBC
Gen
Gen
OBC
SC
Gen
Gen
Gen
Gen
Gen
OBC
Gen
SC
SC
OBC
Gen
SC
OBC
Gen
ST18.12.09
08.10.09
01.02.10
18.11.09
24.09.09
07.06.10
21.06.10
07.12.09
24.05.10
02.06.10
02.02.11
30.09.10
11.01.11
10.06.10
05.05.10
29.06.10
13.07.09
21.06.10
21.10.09
07.06.10Residency period of the post is 5 yrs and Recruitment Rule provides TIME BOUND promotion. As per policy the deptt. considers calendar year-based vacancy year for promotion.
As per available record there will be 25 vacancies in the next higher post on 01.01.2015 and all the 20 officers can be promoted if they are found eligible by DPC. It is assumed that their ACRs will be ok and, caste would have no role as sufficient vacancies will be available to the candidates of all categories. Now the problem as it appears that many officers can not complete the residency period on that date because of delay in appointment.
Now,
(1) Whether the ONLY those officers who will be completing residency period as on 31.12.2014 will be considered by DPC for promotion and, the others have to wait for next DPCs!
In such a situation, if promotion takes place in three phases, how to maintain the inter se seniority in the promotional grade?
(2) In order to maintain inter se seniority, whether or not the entire batch will be detained and, will be considered for promotion in one go ONLY WHEN Mr. Saha who joined last in the batch will complete residency period! If so, what about the benefit of time bound promotion for those officers who will be financially LOSERS by serving for more than 5 yrs with the same Grade Pay in the same post when Mr. Saha completes the residency period of 5 yrs?
Pls help me!November 10, 2012 at 2:48 pm #75231unknownParticipant1. In normal cases, i.e. if anything otherwise is not specified in RR, inter-se-seniority will not be the same in the promotional grade for reservation rules. As there will be more than 1 reserved vacancy as per 50 point roster and on the occurrence of more than one reserved vacancy at a time, the ‘zone of consideration’ for promotion will be ‘No.s of reserved vacancies available on the day’ X ‘5’. Suppose, the available vacancies will start from 18th points. Now take only four consecutive vacancies. Those are –
18th vacancy – Scheduled Caste
19th vacancy – Unreserved
20th vacancy – Unreserved
21st vacancy – Scheduled Caste
if those four vacancies are filled up, the ‘zone of consideration’ will consist of names of 4 X 5 = 20 employees i.e. as enlisted. Now, the 1st vacancy (18th point) will be filled up by promotion of Ram (SC, 5th in the list) and the next reserved vacancy will be filled up by promotion of Mondal (SC, 13th in the list).
2) As regards, time bound promotion, it would be better if you state the text of the rule. There should be some conditions, I presume. Waiting for the information.November 11, 2012 at 8:42 am #75254unknownParticipantDear 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.November 11, 2012 at 12:12 pm #75257unknownParticipant1. Waiting for the text.
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.
Whether Group-A or Group-D, until he reaches U/R Scale no. 19 (i.e. Grade pay of Rs. 8700) he will come under the purview of Reservation policy if it is ‘Promotion’. Sometimes ‘Personal Up-gradation’ (time bound or efficiency bonus) and ‘Ratio benefits under Advancement Scheme’ is wrongly termed by us as ‘promotion’ and these cases are out of the purview of Reservation policy of the State. It will therefore be a wild guess to comment anything without the approved RR guideline for the ‘promotional’ and ‘feeder’ posts. It is further to consider whether the local authority has some discretionary power in this regard in the rule.
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. If even he is promoted with a condition that the inter-se-seniority in the promotional grade will be the same as in feeder post while all promotion cases are complete (enabling the junior to get only the monetary benefit, not the benefit of seniority), there may arise the question of ‘Pay Protection’. to avoid those, the whole batch will require to wait.
Now, it’s a blind’s view. No definite conclusion can be derived without going through the rules. If the rule is not clear, I suggest to refer the entire case, pending promotions, to the Finance Department, Govt. of West Bengal, for their clarifications and views so that further complications do not arise in future.November 11, 2012 at 12:44 pm #75258unknownParticipant2. 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.November 11, 2012 at 4:43 pm #75259unknownParticipantExactly, 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.
Dear Dr. Majumdar,
Hope the rule make something clear. If not, the total batch may wait. This is not rare. 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.
Please check the rules if there is something to clarify the instant case.
N.B. Strange, I missed your last detailed post. Perhaps I saw a different one. Anyways, when the criterion of the promotion is ‘Seniority-cum-fitness’ how can one be deprived of his seniority. A promotion whether it is time bound or not, must have some conditions. For example, Performance Appraisal, if one’s performance is not satisfactory, he can’t be promoted on completion of the prescribed time. The seniority according to the merit list is to be maintained.
This is no doubt a question, why the junior who joined earlier be deprived of the promotion. Think a different case where Police Verification on Antecedent is required. If the Junior ‘manages’ to complete the verification in some unwanted means within a very short time whereas the senior’s (according to merit list) is delayed due to ‘some’ reasons, it would not be justified to promote the junior as this is not the fault in senior’s part. if RR does not specify anything, waiting of the batch is required to maintain the seniority. If financial matter of the service falls under the jurisdiction of the Finance Department, Govt. of West Bengal, it will be better to get their views to avoid further complications.
Regards.November 12, 2012 at 6:12 am #75263unknownParticipantDear 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.November 12, 2012 at 3:13 pm #75275unknownParticipantDear Dr. Majumdar,
Your question is appropriate. Some offices follow the practice but what I think and commented in my place that confirmation should be guided by the rule of confirmation, seniority by the seniority rule and promotion by promotion. There is no logic to mix them up. A Junior employee may be confirmed before the senior employee. Confirmation is a required criteria for promotion but it does not mean that a junior employee is to be promoted before the senior only for the reason that he has been confirmed earlier. It is like the minimum age of marriage is 21 for a man but it does not mean that one must be married on attaining the age of 21.
However, on the other hand this is also not mandatory to confirm a employee after 3 years as “Except as otherwise provided elsewhere in these rules, the period of probation shall be one year.” The period of probation may vary in some Offices.
As regards PVR, State Government has also made a strict order that the Police authority must return the verification of antecedent report within two weeks (in case of a single address of the incumbent) and four weeks (in case of more than one address of the incumbent) to the Office concerned from the date of receipt of the request from that Office. We have started a practice to refer to that G.O. while requesting the Police authority for verification of antecedent.November 18, 2012 at 10:46 am #75389unknownParticipantDear 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.November 18, 2012 at 6:07 pm #75404unknownParticipantDear 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.In West Bengal Govt. Service ACR is submitted by the reporting officer each financial year (1st April to 31st March). ACR may be submitted in two spell in a year if there is any change /transfer in reporting officer.
While considering for promotion of a Group A employee, the last three years ACR is to be considered. If ACR of any year is missing, committee may recommend the next candidate for promotion.
N.B: What is DPC?
What kind of leave? -
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