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Sanjay Dharaiya (Inspector)     06 October 2016

Clarification of two legal words

Sir,

For getting promotion, there is a clause in Recruitment Rule that where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered.

Kindly guide me as to whether the meaning of "qualifying service" and "eligibilty service" are same? If yes, why two separate words are mentioned in the Rule and if not, please let me clear the difference between qualifying service and eligibilty service.

 



Learning

 3 Replies

Kumar Doab (FIN)     06 October 2016

Which rules you have referred?

In rules it might be; qualifying/eligibility service

 

3.1.2:

“Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying/ eligibility service by more than half of such qualifying/ eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/ eligibility service.” 

https://persmin.gov.in/DOPT/RecruitmentRules_Guidelines/RR_Guidelines_Page_5_7.pdf

 

jyotirmaya behera (advocate)     06 October 2016

where juniors who have completed their qualifying or eligibility service are being considered for promotion,”

There is 2 type of promotion one merit-cum-seniority and seniority – cum- merit. Here the meaning is merit –cum-seniority. As you are saying about the difference between the qualifying service and eligibility, that can be difference but in service code that mean above. You may senior to you junior if you come to the jone of consideration then you will get promotion. If you are in jone of consideration and you have not get promotion you may approach to the Tribunal as per your guideline.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294


(Guest)

Mr. Sanjay,

 

There is no such term, "eligibility service." Qualifying service denotes the No. of years of service of an employee based on which he can become eligible for promotion. So, "eligibility" is a single word/term that applies from employee to employee based on their qualifying service for any promotion, subject to their eligibility on seniority basis or seniority cum merit basis, as the case may be.

 


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