Relinquishment of Promotion [Rule 38 Part-II KS&SSR]
- Any person may, in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules, if, in the opinion of the Appointing Authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.[Rule 38, Part-II KS&SSR]
- The relinquishment of the right for promotion under this rule shall entail loss of seniority and a relinquishment of the right for promotion shall not be permissible unless such relinquishment entails loss of seniority. [Rule 38 Explanation]
- The right to relinquish promotion includes the right to withdraw it also.[2004 Guideline]
- A relinquishment is made of somthing which is offered or something which is in the process of being offered. When a provisional promotion is offered and relinquished, what is relinquished is only the provisional promotion offered, and it should not be interpreted to mean that all further regular promotions have been relinquished for all time to come. [2004 Guideline]
- The loss of seniority contemplated by the Explanation to Rule 38 is applicable only to reqular promotion and not to provisional promotions. [2004 Guideline]
- The loss of seniority contemplated being only in the promoted post and not in the feeder category, the person's seniority in the feeder category is not lost on relinquishment of promotion, but in the promoted post, even if the senior who relinquished promotion is subsequently given promotion, he cannot get seniority over those juniors who were promoted earlier. [2004 Guideline]
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Promotion and Seniority
Important rules in Kerala State & Subordinate Service Rule 1958 regarding Promotion and seniority as follows.
13A(1) (a) Where a pass in a special or departmental test is prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service belonging to any of the Scheduled Castes or Scheduled Tribes who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may be appointed thereto temporarily.
13A(2) If a member of a service appointed under clause (a) of sub-rule (1) does not pass a test within 3 years from the date of such appointment or when the said test also involves practical training, within three years after the first chance to undergo such training after such appointment, or if a member of service appointed under clause (b) of sub-rule (1) does not pass the test within two years from the date of introduction of the said test or if the said test also involves practical training, within two years after the first chance to undergo such training after the introduction of the said test, he shall be reverted to the class, category, grade or post from which he was appointed and shall not again be eligible for appointment under clause (a) or (b) as the case may be, of sub-rule(1)
13B Notwithstanding anything contained in these rules or in the Special Rules, persons in Government Service who attained the age of 50 years who have put in 25 years of service shall be eligible for permanent exemption from passing the obligatory departmental tests, other than those prescribed as qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service etc.
28(a)(i) Except in the case of appointment to the posts of Heads of Department no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category
28(bb) Promotion which depends upon the passing of any examination.- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotions is taken up
28(bbb) Where a pass in any examination or test confers on a person the title to any right, benefit or concession, such title to the right, benefit or concession shall be deemed to have accrued
- in the case of a person who has passed such examination or test before the 14th August, 1971, on the day following the last day of such examination or test in the subject or subjects; and
- in the case of a person who has passed such examination or test on or after 14th August 1971, on the day following the last day of the whole examination or test in which he has successfully completed the examination or test by passing one or more subjects.