STAFF RULINGS – 31. STAFF MATTERS, PROMOTION & SENIORITY
120. Whether promotions can be refused? What is the effect of such refusal?
If promotion is refused and reasons for the refusal are acceptable, refusal will be allowed. The official will not be offered any promotions until one year or till next vacancy arises whichever is later. He will lose seniority in the higher post against his juniors promoted earlier.
(DOPT OM No. 22034/3/81-Estt (D) dated 01.10.1981)
121. Whether promotion can be denied to permanently incapacitated officials? Whether such permanently incapacitated Government servants may be invalidated from service?
A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalidated or reduced in rank. If he is not suitable for the present post, he could be shifted to some other post with the same pay scale and service benefits post becomes available or his superannuation, whichever is earlier. No promotion shall be denied.
122. When the average entry in APAR is not considered as adverse remark, how promotions can be denied on that score?
Promotions is not to be regarded as a matter of course, but should be earned by dint of hardwork, good conduct and result oriented performance as reflected in the APARs. It is only performance above average which should entitle on officer for promotion. As such, while average is not considered as adverse remark, it cannot be regarded as complimentary to the officer.
123. Whether the bench mark application is applied in case of promotion under the non selection methods?
Wherever promotions are given on non-selection basis (i.e. on seniority - cum - fitness basis), the prescribed benchmark as mentioned in para 17 of Annexure - I of MACP Scheme dated 19.05.2009 shall not apply for the purpose of grant of financial up gradation under MACP Scheme.
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