The undersigned is directed to refer to para 3.1.2 of Part III in this Department’s O.M. No. AB-14017/12/87-Estt. (RR) dated 18th March, 1988, wherein it was suggested that a suitable “Note” may be inserted in the Recruitment Rules to the effect that seniors who have completed their probation period may also be considered for promotion when their juniors, who have completed the requisite service, are being considered.
- In light of the Supreme Court judgment in R. Prabha Devi and others versus Government of India and others (Civil Appeals Nos. 2040-42 of 1987), decided on 8th March, 1988, as well as in continuation of O.M. of even No. dated 23.10.1989, the Government has decided to amend para 3.1.2 of Part III of this Department’s O.M. No. AB-14017/12/87-Estt. (RR) dated 18th March, 1988. Accordingly, the last sentence of para 3.1.2 is amended to read as follows:
“To avoid such a situation, the following note may be inserted below the relevant service rules/column in the schedule to the Recruitment Rules:
Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors shall 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 their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/eligibility service.“
- Consequently, para 2.1.2 of this Department’s O.M. No. AB-14017/12/87-Estt. (RR) dated 18th March, 1988, will also be amended with the addition of the following sentence after the third sentence of para 2.1.2:
“The administrative Ministries/Departments are also empowered to amend all the service rules/recruitment rules to incorporate the ‘Note’ as amended above.”
