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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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