Promotion of Seniors under Rule 31(a)(i) of KS&SSR - The rule allows temporary promotion, with specific conditions. Before promotion, seniority considerations include promotions of seniors even if they are absent or on deputation, except in certain cases like suspension. The proviso to Rule 31(a)(i) mandates that seniors must also be promoted before juniors, provided they are available and eligible. Circulars like Ext.P6 restrict temporary promotions after 01.01.1998, emphasizing adherence to prescribed procedures 2025 0 Supreme(Ker) 2962.
Proviso to Rule 28(a)(i) of KS&SSR - The first proviso protects seniority by stipulating that vacancies arising during probation can influence promotion rights. It specifies that if a probationer fails to complete probation within the prescribed period, their probation in the higher grade is terminated, and they are reverted. This proviso supports the rights of seniors who completed probation earlier, provided certain conditions are met. The Apex Court in Haridas case clarified that seniority can be assigned to juniors who completed probation earlier, but only if the vacancy arose during probation 2025 0 Supreme(Ker) 422, 2025 0 Supreme(Ker) 2962, 2021 Supreme(Online)(KER) 6189.
Seniority Promotion under Proviso of Rule 31(a)(i) - Several cases indicate that seniors are to be promoted first, even if they are temporarily promoted or absent, as long as conditions of eligibility are met. The promotion process should consider the date of advice and existing conditions at the time of vacancy, not at the time of promotion consideration. Promotions invoked under Rule 31(a)(i) are often ordered notionally, especially for retired personnel, emphasizing the importance of seniority based on the date of promotion advice 2024 Supreme(Online)(KER) 33413, 2024 0 Supreme(Ker) 1593, 2024 Supreme(Online)(KER) 40870.
Analysis and Conclusion:Seniors shall be promoted under the proviso of Rule 31(a)(i) of KS&SSR, which mandates that seniority considerations take precedence, and seniors must also be promoted before juniors if eligible. The rule emphasizes adherence to procedural conditions, including the date of advice and existing vacancies. Judicial rulings and departmental circulars reinforce that seniority rights are protected, provided the conditions of the proviso are satisfied, and promotions are made in accordance with prescribed rules.
