THE MADHYA PRADESH PUBLIC SERVICES (PROMOTION) RULES, 2002

THE MADHYA PRADESH PUBLIC SERVICES (PROMOTION) RULES, 2002[1]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 read with Articles 16 and 335 of the Constitution of India, the Governor of Madhya Pradesh, hereby, makes the following rules relating to the determination of the basis for promotion on the public services and posts and relating to reservation in favour of Scheduled Castes and Scheduled Tribes, namely :

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Public Services (Promotion) Rules, 2002.

(2)     They shall come into force from the date of their publication in the "Madhya Pradesh Gazette."

Rule - 2. Definitions.

In these rules, unless the context otherwise requires :

(a)      'Appointing Authority' in relation to a service or post in an establishment means the authority empowered to make appointment to such service or post;

(b)      'Backlog' means the reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of promotion which have remained unfilled during the earlier year or years due to any reason whatsoever to be filled up by promotion as a distinct group in the next year/years;

(c)      'Benchmark grade' means a minimum requirement in respect of overall grading in Annual Confidential Reports (ACRs) to qualify for inclusion in select list for promotion;

(d)      'Cadre' means a strength of service or part of the service consisting of both temporary and permanent posts and does not include employees engaged as a casual labour, work-charged, contingency paid and daily wager group of posts for which a combined gradation list is separately required to be prepared as per Recruitment Rules will constitute a part cadre for this service;

(e)      'Commission' means the Madhya Pradesh Public Service Commission;

(f)       'Establishment' means any office of the State Government or a local authority or statutory authority constituted under any Act of the State for the time being in force, or a University or a Company, Corporation or a Co-operative Society in which not less than fifty one per cent of the paid up share capital is held by the State Government or the institution receiving grant-in-aid or any cash grant from the State Government and includes a work charged or contingency-paid establishment but does not include the establishment covered under Article 30 of the Constitution;

(g)      'Government' means Government of Madhya Pradesh;

(h)     'Public Service and posts' means the services and posts in any office of the establishment;

(i)       'Reservation' means reservation of posts in the services for the members of Scheduled Castes and the Scheduled Tribes;

(j)       'Roster' means a prescribed register of running account of all clear vacancies to be filled up by promotion of public servants belonging to Scheduled Castes, Scheduled Tribes and unreserved category as provided in Rule 9 of these rules;

(k)      'Schedule' means a Schedule appended to these rules;

(l)       'Scheduled Castes' means any caste, race or tribe or part of, or group within caste, race or tribe specified as Scheduled Castes with respect to the State of Madhya Pradesh under Article 341 of the Constitution;

(m)    'Scheduled Tribes' means any tribe or tribal community or part of, or group within such tribe or tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of the Constitution;

(n)     'Select list' means a list of such public servants who are adjudged suitable to the next pay scale or the higher grade of the post as provided in the respective Recruitment Rules;

(o)      'Service' means a service of group of posts in connection with the affairs of the State other than the Indian Administrative Service, Indian Police Service and Indian Forest Service organised and designated as such by Government;

(p)      'State' means State of Madhya Pradesh;

(q)      'Year' means the period commencing from the 1st day of January and ending on 31st day of December.

Rule - 3. Scope and application.

Without prejudice to the generality of the provisions contained in the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 and notwithstanding anything contained in any Service Rules, these rules shall apply to the establishment as defined in these rules, but shall not apply to the employments specified in clauses (1), (3) and (5) of Section 3 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

Rule - 4. Determination of basis of promotion.

(1)     Promotion from Class IV to higher pay scale of Class IV, Class IV to Class III, Class III to higher pay scale of Class III, Class III to Class II, Class II to higher pay scale of Class II and Class II to Class I posts shall be made on the basis of "seniority subject to fitness."

(2)     Promotion from class I to higher pay scale of Class I posts shall be made on the basis of "merit-cum-seniority".

Rule - 5. Reservation in promotion.

Reservation in promotion in all classes of posts/services for the Public servants belonging to the Scheduled Castes and the Scheduled Tribes shall be as under :

Rule - 6. Promotion on the basis of seniority subject to fitness.

(1)     In such cases where the promotion is to be made on the basis of seniority subject to fitness, there shall be no zone of consideration for all categories.

(2)     The names of only such public servants shall be considered for promotion, who have completed the prescribed qualifying service in their feeder cadre/part of the service/pay scale of post according to the Recruitment Rules. It is, however, not necessary to consider all the names of public servants who have completed the prescribed minimum length of service but only such number of cases of public servants shall be considered according to the seniority which shall be sufficient to cover the number of existing and anticipated vacancies due to retirement during the year under each category. In addition to this, with a view of inclusion, in the select list, the names of two public servants or 25 per cent of the number of the public servants included in select list whichever is more, the names of the required number of the public servants shall be considered for each category to fill up the unforeseen vacancies occurring during the course of the aforesaid period.

Explanation. Manner of computation for eligibility for promotion.-Period of qualifying service on 1st January of the relevant year in which Departmental Promotion Committee is convened shall be counted from the calender year in which the public servant has jointed the feeding cadre/part of the service/pay scale of the post and not from the date of joining of the cadre/part of the service/pay scale of post.

(3)     The number of vacancies for promotion during the course of the year Le. from 1st January to 31st December shall be worked out after taking into account the existing and anticipated vacancies on account of retirement, and promotions to higher cadres/part of the service/higher pay scale of posts. Vacancies arising out of deputation for periods exceeding one year shall also be taken into account. The number of vacancies to be reserved for public servants belonging to Scheduled Castes and Scheduled Tribes shall be worked out on the basis of the roster which is required to be maintained in accordance with the provisions of Rule 9 of these rules.

(4)     The meeting of the Departmental Promotion Committee shall be held every year. It shall consider the suitability of the public servants for promotion separately with reference to the vacancies of each year starting with the earliest year onwards. The Departmental Promotion Committee shall consider the suitability of the public servants for promotion to fill up the unfilled vacancies of the earlier year or years separately and prepare the select list for the relevant year accordingly. Thereafter the Departmental Promotion Committee shall consider the suitability of the public servants for promotion of fill up the existing and anticipated vacancies of the current year.

(5)     The Departmental Promotion Committee shall assess the suitability of the public servants for promotion on the basis of their service record and with particular reference to the Annual Confidential Reports (ACRs) for 5 preceding years. However, in cases where the required qualifying service is more than 5 years, the Departmental Promotion Committee shall see the record with particular reference to the ACRs for the years equal to the required qualifying service.

(6)     When one or more ACRs are not available for any reason for the relevant period, the Departmental Promotion Committee shall consider the ACRs of the years preceding the period in question.

(7)     For filling up the posts by this method, the Departmental Promotion Committee shall consider the case of each public servant separately on the basis of his own merit, that is to say, that there shall be no need to make a comparative assessment of the merits of public servant separately and shall categorise them as 'fit' or 'not fit'.

(8)     Separate select lists shall be prepared for the public servants of unreserved category, Scheduled Castes and Scheduled Tribes category in which the names of such number of public servants belonging to unreserved category, Scheduled Castes and Scheduled Tribes category shall be included which is equal to the number of posts reserved for each of these categories. In addition to this, names of two public servants or twenty five percent of the number of public servants included in the select list whichever is more, will also be included in the select list of each category as prescribed in sub-rule (2).

(9)     The names of public servants included in each list shall be arranged in the same order of their seniority as they existed in the cadre/part of the service/pay scale of post from which promotion is to be made.

(10)   The promotion of public servants shall be made from these separate select lists according to their seniority in the feeder cadre/part of the service/pay scale of post and accordingly to the prescribed order shown in the roster.

(11)   In order to determine the inter-se seniority of the public servants belonging to the three categories in the cadre/part of the service/pay scale of post to which promotion is to be made, a combined select list of the above three categories of public servants shall be prepared in the same order in which their names appear in the seniority list of the cadre/part of the service/pay scale of post from which the promotion is being made.

(12)   The names of public servants promoted on the basis of above combined select list shall be placed enblock below the name of last public servant promoted on the basis of the immediately preceding year's combined select list.

(13)   The reserved posts which remain unfilled due to non-availability of suitable public servants of the category for which the post is reserved despite consideration of the names of all public servants eligible for consideration as per the Recruitment Rules shall be carried forward, that is to say, shall be kept vacant until the suitable public servants belonging to that reserved category is available. In no circumstances any vacancy of reserved category shall be filled-up by promotion from the public servant belonging to any other category.

(14)   Wherever the reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of promotion have remained unfilled in the earlier year or years, the backlog and/or carried forward vacancies would be treated as a separate and distinct group and will not be considered together with the reserved vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year. In that words, the ceiling of fifty per cent on filling up of reserved vacancies would apply only on the reserved vacancies which arise in the current year and the backlog/carried forward reserved vacancies for Scheduled Castes or Scheduled Tribes of earlier year or years would be treated as a separate and distinct group and would not be subject to ceiling of fifty per cent :

Provided that the appointing authority shall convene a special meeting of Departmental Promotion Committee within six months to fill up backlog vacancies and if such vacancies still remain unfilled, they shall not be de-reserved in any manner for filling up by the public servants not belonging to the category for whom the post or posts are reserved.

(15)   When a public servant, whose name is included in the select list wants to refuse promotion, he may make a written request that he may not be promoted. Such request shall be considered by the Appointing Authority taking relevant aspects into consideration. If the reasons adduced for refusal of promotion are acceptable to the Appointing Authority, the next public servant in the select list may be promoted. However, since it may not be administratively possible or desirable to offer appointment to the public servants who initially refused promotion, on every occasion on which a vacancy arises during the period of validity of the panel, no fresh offer of appointment on promotion shall be made in such cases for a period of one year from the date of refusal of first promotion or till a next vacancy arises, whichever is latter. On the eventual promotion to the higher cadre/part of the service/pay scale of post, such public servant shall lose seniority vis-a-vis his juniors promoted in the preceding year to the higher cadre/part of the service/pay scale of post.

In cases where the reasons adduced by the public servant for his refusal for promotion are not acceptable to the Appointing Authority then he shall enforce the promotion, on the public servant and in case the public servant still refuses to be promoted, then even disciplinary action may be taken against him for refusing to obey his order.

Rule - 7. Promotion on the basis of merit-cum-seniority.

(1)     Where promotions are to be made on the basis of merit-cum-seniority, the zone of consideration, that is the number of public servants to be considered for promotion out of those eligible public servants in the feeder cadre/part of the service/pay scale of post shall be as under :

The formula for the further calculation shall be that the "4" be added to the double the number of anticipated vacancies.

(2)     Where adequate number of public servants belonging to Scheduled Castes and Scheduled Tribes are not available within the zone of consideration as mentioned above, then the zone of consideration may be enlarged to seven times the number of vacancies and the names of only such public servants belonging to Scheduled Castes and Scheduled Tribes who are in the enlarged zone of consideration shall be considered for filling up the reserved posts.

(3)     The names of only such public servants shall be considered for promotion who have completed the requisite number of years of service in the feeder cadre/part of the service/pay scale of post according to the Recruitment Rules for promotion and who are within the zone of consideration. In addition to this, in view of inclusion, in the select list, the names of two public servants or 25 per cent of the number of the public servants included in select list whichever is more, the names of the required number of the public servants who are in the zone of consideration shall be considered for each category to fill up the unforeseen vacancies occurring during the course of the aforesaid period.

Explanation. Manner of computation for eligibility for promotion Period of qualifying service on 1st January of the relevant year in which Departmental Promotion Committee/Screening Committee is convened shall be counted from the calendar year in which the public servant has joined the feeding cadre/part of the service/pay scale of the post and not from the date of joining of the cadre/part of the service/pay scale of post.

(4)     The number of vacancies for promotion during the course of the year i.e. from 1st January to 31st December shall be worked out after taking into account the existing and anticipated vacancies on account of retirement and promotions to higher cadres/part of service/higher pay scale of posts. Vacancies arising out of deputation for periods exceeding one year shall also be taken into account. The number of vacancies to be reserved for public servants belonging to Scheduled Castes and Scheduled Tribes shall be worked out on the basis of the roster which is required to be maintained in accordance with the provisions of Rule 9 of these rules.

(5)     The meeting of the Departmental Promotion/Screening Committee shall be held every year. It shall consider the suitability of the public servant for promotion separately with reference to the vacancies of each previous year starting with the earliest year onwards. The Departmental Promotion Committee/Screening Committee shall consider, the suitability of the public servants for promotion to fill up the unfilled vacancies of the earlier year or years separately and prepare the select list for the relevant year accordingly. Thereafter the Departmental Promotion Committee/Screening Committee shall consider the suitability of the public servants for promotion to fill up the existing and anticipated vacancies of the current year.

(6)     The Departmental Promotion/Screening Committee shall assess the suitability of the public servants for promotion on the basis of their service record and with particular reference to the Annual Confidential Reports (ACRs) for 5 preceding years. However, in cases where the required qualifying service is more than 5 years, the Departmental Promotion/Screening Committee shall see the record with particular reference to the ACRs for the years equal to the required qualifying service.

(7)     When one or more ACRs are not available for any reason for the relevant period, the Departmental Promotion/Screening Committee shall consider the ACRs of the years preceding the period in question.

(8)     When the eligibility for promotion from Class I to higher pay scale of class I posts, the benchmark grade shall be "Very Good."

(9)     The Departmental Promotion/Screening Committee shall make a relative/comparative assessment of the merits of public servants who are within the zone of consideration and make an overall grading of the public servants' merit on the basis of their service records and place them in the categories as "Outstanding", "Very-Good", "Good", "Average" and "poor", as the case may be. However, only those public servants who are graded as "Very-Good" and above will be included in the select list, by placing the public servants graded as 'Outstanding" on top followed by those graded as "Very-Good", subject to availability of vacancies, with the public servants with the same grading maintaining the inter-se seniority in the feeder cadre/part of the service/pay scales of post.

(10)   Separate select lists shall be prepared for the public servants of unreserved category, Scheduled Castes and Scheduled Tribes category in which the names of such number of public servants belonging to unreserved category, Scheduled Castes and Scheduled Tribes category shall be included which is equal to the number of posts reserved for each of these categories. In addition to this, names of two public servants or twenty five per cent of the number of public servants included in the select list whichever is more, will also be included in the select list of each category as prescribed in sub-rule (3).

(11)   The promotion to the higher cadre/part of the service/pay scale of post shall be made from these select lists according to the names appearing in the said select lists and according to the prescribed order shown in the roster. Reserved posts shall be filled up only by the public servants belonging to the same class for which the posts are reserved.

(12)   In order to determine the inter-se seniority of the public servants belonging to the three categories in the cadre/part of the service/pay scale of post to which the promotion is to be made, a combined select list of the above three categories of public servants shall be prepared according to the order of merit determined by the Departmental Promotion/Screening Committee.

(13)   The names of public servants promoted on the basis of above combined select list shall be placed enblock below the name of last public servant promoted on the basis of the immediately preceding year's combined select list.

(14)   Where sufficient number of public servants with the required benchmark grade are not available within the zone of consideration, public servants with the required benchmark will be placed on the panel and for the unfilled vacancies, the appointing authority, shall hold a fresh meeting of the Departmental Promotion/Screening Committee by considering the required number of public servants beyond the original zone of consideration.

[2][(15) The reserved post which remains unfilled due to non-availability of suitable public servants of the category for which the post is reserved despite consideration of the names of all public servants eligible for consideration as per the Recruitment Rules, shall be carried forward, that is to say, shall be kept vacant until the suitable public servant belonging to that reserved category is available. In no circumstances any vacancy of reserved category shall be filled-up by promotion from the public servant belonging to any other category.]

(16) Wherever the reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of promotion have remained unfilled in the earlier year of years, the backlog and/or carried forward vacancies would be treated as a separate and distinct group and will not be considered together with the reserved vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year. In other words, the ceiling of fifty per cent on filling up of reserved vacancies would apply on the reserved vacancies which arise in the current year and the backlog/carried forward reserved vacancies for Scheduled Castes or Scheduled Tribes of earlier year or years would be treated as a separate and distinct group and would not be subject to ceiling of fifty per cent :

Provided that the Appointing Authority shall convene a special meeting of Departmental Promotion Committee/Screening Committee within six months to fill up backlog vacancies and if such vacancies still remain unfilled, they shall not be de-reserved in any manner for filling up by the public servants not belonging to the category for whom the post or posts are reserved.

(17) When a public servant, whose name is included in the select list, wants to refuse promotion, he may make a written request that he may not be promoted. Such request shall be considered by the Appointing Authority taking relevant aspects into consideration. If the reasons adduced for refusal of promotion are acceptable to the Appointing Authority, the next public servant in the select list may be promoted. However, since it may not be administratively possible or desirable to offer appointment to the public servants who initially refused promotion, on every occasion on which a vacancy arises during the period of validity of the panel, no fresh offer of appointment on promotion shall be made in such cases for a period of one year from the date of refusal of first promotion or till a next vacancy arises, whichever is later. On the eventual promotion to the higher cadre/part of the service/pay scale of post, such public servant shall lose seniority vis-a-vis his juniors promoted in the preceding year to the higher cadre/part of the service/pay scale of post:

In cases where the reasons adduced by the public servant for his refusal for promotion are not acceptable to the Appointing Authority then he shall enforce the promotion on the public servant and in case the public servant still refuses to be promoted, then even disciplinary action may be taken against him for refusing to obey his order.

Rule - 8. Lowering the standards of evaluation.

The Government, may by order, make provisions in favour of the public servants of the Scheduled Castes and the Scheduled Tribes for lowering the standards of evaluation in the matter of promotion to any class or classes of services or posts in connection with the affairs of the State.

Rule - 9. Roster.

(i)       There shall be maintained rosters invariably by every appointing authority in the prescribed forms as shown in Schedule-I for backlog vacancies of Scheduled Castes category and in Schedule-II for the backlog vacancies of Scheduled Tribes category and in Schedule-Ill of the existing vacancies of the relevant year appended to these rules in respect of cadre/part of the service/pay scale of post to be filled up by promotion. The rosters shall be maintained separately for each such cadre/part of the service/pay scale of post.

(ii)      Before making any promotion, the Appointing Authority shall ascertain invariably from the roster whether the vacancy is reserved or unreserved and if is reserved, for whom it is so reserved. Immediately after a promotion, the particulars thereof shall be entered in the roster and signed by the Appointing Authority.

(iii)     The roster is a running account from year to year and shall be maintained accordingly. If promotion in a particular year stops at a particular point of cycle, say, at the 5th point, promotion in the subsequent year shall begin at the next point, that is, at the 6th point.

Rule - 10. Certification by the Appointing Authority.

Every Appointing Authority shall endorse on the promotion order to be used by him, a certificate to the effect that he has complied with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and the Madhya Pradesh Public Service (Promotion) Rules, 2002 and the instructions issued in the light of the provisions of the said Act and Rules by the State Government and that he has full cognizance of the provisions of sub-section (1) of Section 6 of the said Act.

Rule - 11. Representation in Promotion/Screening Committee.

If the nominated members other than the member presiding the Promotion/ Screening Committee in respect of the posts to be filled up by promotion do not represent the category of Scheduled Castes or Scheduled Tribes, then one member belonging to Scheduled Castes or Scheduled Tribes category of the same status shall be included in the Promotion/Screening Committee and the number of members of Promotion/Screening Committee shall be extended to that limit.

Rule - 12. Consultation with the Commission.

The recommendation of the Departmental Promotion Committee presided over by the Chairman or a member of the Commission shall be deemed to be compliance of the requirement of consultation with the Commission under sub-clause (b) of clause (3) of Article 320 of the Constitution.

Rule - 13. Power to remove the difficulties relating to interpretation.

If any difficulty arises relating to the enforcement of these rules, it shall be referred to the State Government in the General Administration Department whose decision thereon shall be final.

Rule - 14. Repeal and Saving.

The Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rules, 1997, the Madhya Pradesh Civil Services (Determination of the Basis for Promotion) Rules, 1998 and all other rules and instructions corresponding to these Rules in force immediately before the commencement of these Rules and which applies to such public servants to whom these Rules shall apply are hereby repealed :

Provided that any order made or action taken under the rules and instructions so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

Rule - 15. Amendment in the Recruitment Rules.

All rules regulating the recruitment to the State Public Services and the posts shall be deemed to have been amended to the extent as provided in these rules.

 

SCHEDULE I

[See Rule 9]

Roster for Backlog Vacancies of the Scheduled Castes

(1)     Name of the Office :................................................................

(2)     Name of the cadre/part of the Service/pay scale of post :..............

 

 

SCHEDULE II

[See Rule 9]

Roster for Backlog Vacancies of the Scheduled Tribes

(1)     Name of the Office :................................................................

(2)     Name of the cadre/part of the Service/pay scale of post :..............

 

 

SCHEDULE III

[See Rule 9]

Model Roster for the Posts to be filled by Promotion For Class I and Class II, Class III and Class IV cadres/posts

(1)     Name of the Office :.................................................................

(2)     Name of the cadre/part of the Service/pay scale of post :..............

Reservation

Scheduled Caste : 16 per cent

Scheduled Tribe : 20 per cent