KARNATAKA GOVERNMENT SERVANTS (SENIORITY) RULES, 1957

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of all existing, rules on the subject, the Governor of Karnataka hereby makes the following rules, namely.--

Rule - 1.

These rules may be called the Karnataka Government Servants (Seniority) Rules, 1957.

Rule - 1A.

Nothing in these rules shall be applicable to any person appointed as a local candidate so long as he is treated as such:

[1][Provided that where his appointment is treated as regularised from any date, his seniority in the service shall be determined in accordance, with these rules as if he had been appointed regularly as per the rules of recruitment to the post held by him on that day.

Explanation.-- In this rule "local candidate" shall have the same meaning-as in the Karnataka Civil Services Rules, 1958].

Rule - 2.

Subject to the provisions hereinafter contained the seniority of a person in a particular cadre of service or class of post shall be determined as follows.--

(a)      Officers appointed substantively in clear vacancies shall be senior to all persons appointed on officiating or any other basis in the same cadre of service or class of post;

(b)      The seniority inter se of officers who are confirmed shall be determined according to dates of confirmation, but where the date of confirmation of any two officers is the same, their relative seniority will be determined by their seniority inter se while officiating in the same post and if not, by their seniority inter se in the lower grade.

(c)      Seniority inter se of persons appointed on temporary basis will be determined by the dates of their continuous officiation in that grade and where the period of officiation is the same the seniority inter se in the lower grade shall prevail.

Explanation.-- When an officer otherwise fit for promotion from a particular cadre of service or class of post is not available for promotion on account of deputation, the shortness of the vacancy or other similar reason resulting in his junior in the same cadre of service or class of post being promoted, the senior officer will maintain his seniority in the cadre of the service or class of post to which the promotion has been made. But this provision will not be applicable to officers, who are not considered fit for promotion. In such cases, a definite decision shall be taken whether the officer, who is not available for promotion, would have been promoted to the higher post if he were available. Unless there is a positive decision to supersede, he shall rank for seniority over his junior.

[2][(d) x x x x x.]

Rule - 4.

When promotions to a class of post or cadre are made on the basis of seniority-cum-merit at the same time, the relative seniority shall be determined.--

[3][(i) if promotions are made from any one cadre or class of post, by their seniority inter se in the lower cadre or class of post;

(ii)   if promotions are made from several cadres or classes of posts of the same grade, by the period of service in those grades;

(iii)   if promotions are made from several cadres or classes of posts, the grades of which are not the same, by the order in which the candidates are arranged by the authority making the promotion, in consultation with Public Service Commission where such consultation is necessary, taking into consideration the order in which promotions are to be made from those several cadres or classes of posts.]

Rule - 4A.

[4][When promotions to a class of post or cadre are made by selection at the same time either from several cadres or classes of posts or from same cadre or class of post by the order in which the candidates are arranged in order of merit by the Appointing Authority making the selection, in consultation with Public Service Commission where such consultation is necessary].

[5][Explanation.-- For purposes of this rule, "several cadres or classes of posts" shall be deemed to include cadres or classes of posts of different grades from which recruitment is made in any specified order of priority in accordance with any special rules of recruitment].

Rule - 5.

[6][(1)] The decision regarding the seniority of direct recruits to a service or to a class of post shall be made by the Appointing Authority at the time of their first appointment in one of the modes mentioned below.--

(a)      when the recruitment is made on the result of a competitive examination, the order of seniority will be in the order of merit; or

(b)      when the recruitment is made by selection, the order of seniority will be determined by the order in which the candidates are arranged in order of merit by the Appointing Authority in consultation with the Public Service Commission or other authority making the selection.

[7][(c) when successful completion of a course of training is prescribed for recruitment to any post, the seniority of those recruited after such training shall be determined on the basis of the order of merit.--

(i)       at the examination held at the end of such training or

(ii)      at the selection for such training when an examination is not held].

The decision once taken shall be final and shall not be open to revision.

[8][(2) Notwithstanding anything contained in sub-rule (1), the seniority of a candidate who assumes charge of a post after the period specified in sub-rule (1) of the 12-A of the Karnataka State Civil Services (General Recruitment) Rules, 1957, shall be determined as from the date on which he assume change of such post.]

Rule - 6.

The transfer of a person in public interest from one class or grade of a service to another class or grade carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority; and the seniority of a person so transferred shall be determined with reference to his first appointment to the class or grade from which he was transferred:

Provided that, where the transfer is made at the request of the officer, he shall be placed in the seniority list of the class or grade of service to which he is transferred below all the officers borne on that class or grade of service on or before the date of the transfer.

[9][Provided further, that the seniority of a person transferred in public interest vis-a-vis the persons actually holding the post in the Class or Grade to which he is transferred shall be determined on the date of such transfer with reference to his first appointment to the class or grade from which he was transferred.

Explanation.-- For the purpose! of the above proviso, the persons actually holding the posts do not include the persons who have before the date of such transfer been promoted, whether in an officiating or substantive capacity to a higher class or grade.]

Rule - 6A.

[10][The transfer or appointment of an officer of the Defence Services, an All India Service or a Civil Service of the Union of the Civil Service of any other State to any equivalent class or grade of service in the State Civil Services shall not be treated as first appointment to that class or grade of service for purpose of seniority; and the seniority of an officer so transferred or appointed shall be determined with reference to his first appointment to the class or grade of service or services to which he belonged prior to Such transfer or appointment:

Provided that, where such transfer or appointment is made at the request of officer, he shall be placed in the seniority list of the class or grade of service to which he is transferred or appointed below the persons borne on that class or grade of service immediately prior to the date of such transfer or appointment.]

[11][Provided further, that, the seniority of a person transferred in public interest vis-a-vis the persons actually holding the post in the class or grade to which he is transferred shall be determined on the date of such transfer with reference to his First appointment to the class or grade from which he was transferred.

Explanation.-- For the purpose of the above proviso, the persons actually holding the posts do not include the persons who have before the date of such transfer been promoted, whether in an officiating or substantive capacity to a higher class or grade.]

Rule - 7.

When a member of any service, class or grade is reduced to a lower service, class or grade, he shall be placed at the top of the latter unless the authority ordering such reduction directs that he shall take rank in such lower service, class or grade, next below any specified member thereof. Whenever a person is placed at the top of the lower service as aforesaid, he will be eligible for being considered for promotion when the next vacancy in the higher grade occurs, but the authority reducing him in rank may order that the person concerned shall not be promoted within a period specified by the authority, in which case he shall be considered for promotion to the first vacancy which occurs after the expiry of the prescribed period; Promotions made before that period shall not be reopened.

Rule - 7A.

[12][(1) Subject to the provisions of these rules, seniority inter se of persons, to be included in the State-wise list of seniority consequent upon posts included in the district-wise cadres being included in the State-wise cadre, shall be determined by the total length of continuous service of the official in the district-wise cadre from the date of his appointment to such cadre:

Provided that where two or more persons are appointed to the district-wise cadres on the same date and their total length of continuous service in such cadre is equal, then the inter se seniority of such persons shall be determined by the authority competent to prepare the State-wise list.

(i)       where such persons are promoted from a lower cadre, on the basis of their total length of continuous service in the post in the lower cadre from which they were promoted;

(ii)      where such persons are directly recruited to the district-wise cadre, on the basis of their relative age, the older in age being considered as senior to the younger.

(2)   The provisions of sub-rule (1) shall mutatis mutandis apply for the determination of seniority.--

(i)       where a State wise list is prepared consequent upon posts included in Division-wise cadres being included in the State-wise cadre, as if in the said sub-rule, for the words "District-wise cadres", the words "Division-wise cadres" had been substituted;

(ii)      where a Division-wise list is prepared consequent upon posts included in District-wise Cadres being included in a Division-wise cadre, as if in the said sub-rule, for the words "State-wise cadre", the word "Division-wise cadre" had been substituted].

Rule - 8.

The cases which cannot be determined by any of the above methods shall be determined in such manner as may be decided by the Appointing Authority, in consultation with the Public Service Commission.

Rule - 9.

These rules shall not apply to the determination of initial seniority in the State of persons who are allotted or are deemed to have been allotted to serve in connection with the affairs of the State of Karnataka in pursuance of Section 115 of the State Reorganisation Act, 1956. The seniority of such- persons shall be as determined in accordance with the provisions of the said section and the orders issued in pursuance thereof.

Rule - 10.

[13][(1) There shall be prepared every year for each cadre of service or class of posts a seniority list consisting of the names of all officers borne on the said cadre or class of posts arranged in order of seniority in accordance with the provisions of these rules.

(2)   The seniority list under sub-rule (1) shall be prepared by.--

(a)      the Government for Gazetted cadres of service or classes of posts;

(b)      the Head of the Department concerned for non-Gazetted cadres of service or classes of posts:

Provided that the Government may also prepare the seniority list for non-Gazetted cadres of any service or class of posts.]