Regarding promotion
kailash
(Querist) 22 November 2013
This query is : Resolved
R/Sir please clarifies:
In our organization as per recruitment rules there is 50% Direct and 50% promotion method for the post of 16 Assistants and the prescribed quota is full i.e. 08 by Direct method and 08 by promotion.
50% 50%
Promotion method Direct method
08 employees 08 employees
As per 6th CPC the department sends Recruitment rules of non-teaching staff to MHRD in March 2010 for revision and MHRD approved the same in June’2011.
In the meantime one Assistant retired from the post of Assistant under the promotion quota on 31/1/2011.
In the revised RR of Assistant only method of selection will changed and other columns are remain same as mentioned in old RR. (Total 16 posts)
Old Method of Section Revised Method of Selection
50% Direct (08 Posts) 20% Direct ( 04 posts)
50% Promotion (08 Posts) 40% Promotion (06 Post)
40% Limited Dept Exam (06 Posts)
Now the position of Roaster after revision of RR is :
20% Direct 04 posts lying excess
40% Promotion 01 Post lying excess
40% LDE 06 post lying Shortfall
I think now if any vacancy is lying vacant it should be filled through LDE method to fill up the shortfall of vacancies as per Revised RR. Please clarify
In the above said case one incumbent is eligible for promotion on 01/02/2011 (under promotion quota as per Old RR) and the Recruitment Rules are Revised in June’2011 and putup to MHRD in March’2010. After revision of RRs the administration were filled 03 vacancies of Assistant under LDE Method against the vacant posts where in incumbent never apply for Limited Departmental Exam nor appear in Departmental exam even though she is eligible for that and demanding to promote her. The department has also conducted two DPCs from the date of Change of RR but due to shortfall in LDE method automatic promotion through DPC was not done.
Now she put up her representation with the request that the Revised RR are approved by MHRD in June’2011 and she is eligible for promotion w.e.f. 1/2/2011 and one post of promotion is lying vacant before approval of Revised RR so that department should/must give her promotion orders from that date .
I want to Know that:-
1. Can her request is genuine. Even though department filled three vacancies through LDE method and 3 DPC already done w.e.f. 1/2/2011 to till date even though she is eligible between 1/2/2011 to June’2011 as per Old RR. ( Department not conduct any DPC w.e.f. 1/2/11 to June’2011)
2. As per Revised RR she is eligible for LDE method as per revised RR wherein she is not appear in LDE exam conducted by the Department. Can such automatic promotion may be granted to him.
3. The RR are revised 3 years back and as per revised RR the department filled many vacancies and can such cases are considered now.
Please clarify and also mentioned the rules. Your early reply is appreciated.
Thanking you,
Sudhir Kumar, Advocate
(Expert) 22 November 2013
you said
"I think now if any vacancy is lying vacant it should be filled through LDE method to fill up the shortfall of vacancies as per Revised RR. Please clarify"
NO YOU ARE NOT CORRECT. VACANCY OF JANY 11 OCCURED BEFORE REVISED RR WERE NOTIFIED IN JUN 11. It cannot have retrospective effect.
kailash
(Querist) 25 November 2013
Thanks for your reply but still I am little confused please clarify:-
In the said case one incumbent is eligible for promotion on 01/02/2011 (under promotion quota as per Old RR) and the Recruitment Rules are put up to MHRD by the department in March'2010 and approval of the same got from MHRD in June’2011 . After revision of RRs the administration were filled 03 vacancies of Assistant under LDE Method against the vacant posts where in incumbent never apply for Limited Departmental Exam nor appear in Departmental exam even though she is eligible for LDE. The department has also conducted two DPCs after revision of RR but due to shortfall in LDE method automatic promotion through DPC was not done.
Now the incumbent put up her representation with the request that the Revised RR are approved by MHRD in June’2011 and she is eligible for promotion w.e.f. 1/2/2011 and one post of promotion is lying vacant that time under promotion quota before approval of Revised RR so that department should/must give her promotion orders from that date .
I want to Know that:-
1. Can her request is genuine. Even though department filled three vacancies through LDE method and 3 DPC already done w.e.f. 1/2/2011 to till date even though she is eligible between 1/2/2011 to June’2011 as per Old RR. ( Department not conduct any DPC w.e.f. 1/2/11 to June’2011)
2. As per Revised RR she is eligible for LDE method as per revised RR wherein she is not appear in LDE exam conducted by the Department. Can such automatic promotion may be granted to him.
3. The RR are revised 3 years back and as per revised RR the department filled many vacancies and can such cases are considered now.
Please clarify and also mentioned the rules. Your early reply is appreciated.
Thanking you,
