West Bengal Services (Determination of Seniority) Rules, 1981

NOTIFICATION

No. 1882F.-11th March 1981.—In exercise of the power conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased to make the following
rules :

Rules

Short title and commencement

(1) These rules may be called the West Bengal Services (Determination of Seniority) Rules, 1981.
(2) They shall come into force on the 1 1th March 1981

  1. Application

These rules shall apply to all Government servants except-
(1) Members of the All India Services ;
(2) Members of the West Bengal Higher Judicial Service;
(3) Members of the West Bengal Civil Service (Judicial);
(4) Members of the West Bengal Civil Service ;
(5) Members of the West Bengal Police Service.

3. Definitions

i. “Appointing authority” in relation to a post means the authority competent to
fill up such post; ii.
ii. “Commission” means the Public Service Commission, West Bengal; iii.
iii. “select list” means the list of candidates prepared in the order of merit in which
candidates are selected through a competitive examination and/or interview
and/ or, after training or otherwise ; iv.
iv. “post”, “cadre” or “grade” shall mean any post, cadre or grade in connection
with the affairs of the State of West Bengal; v.
v. ”selecting authority” means the appointing authority or any other authority
empowered to make selection of candidates for recruitment or
promotion to any post, cadre or grade ; vi.
vi. “Date of joining” shall be reckoned from the date of continuous officiating
in a post/cadre or grade.

4. Determination of seniority of direct recruits

The relative seniority of all persons appointed directly through competitive examination
or interview or after training or otherwise shall be determined by the order of merit in
which they are selected for such appointment on the recommendation of  the Commission or other selecting authority, persons appointed on the result of an earlier selection being senior to those appointed on the result of a subsequent selection:

Provided that where appointment of persons initially made otherwise than in accordance with the relevant recruitment rules is subsequently regularized in
consultation with the Commission, where necessary, seniority of such persons shall be
determined from the date of regularization and not from the date of appointment. The
inter-se-seniority amongst such persons shall, however, depend on the date of
appointment of each such person in the department or office concerned:

Provided  further that if any person selected for appointment to any post does not join within two months” of the offer of appointment, his seniority shall count from the date on which he joins the post unless the appointing authority for reasons to be recorded in
writing condones the delay.

(2) Where the inter-se-seniority amongst several persons has not been determined prior to the coming into force of these rules, such seniority shall on the coming into force of these rules be determined on the basis of actual date of their joining.
When the date of joining of all such persons is the same, seniority shall be determined on the basis of date of birth, person retiring earlier being adjudged as senior. When the date of birth is the same, seniority shall be determined on the basis of total marks obtained by each of the examination, passing of which is the qualification prescribed for recruitment to the particular post, cadre or grade.

(3) In so far as the determination of relative seniority of persons selected either by the Commission or by other selecting authority for appointment to different posts in the same grade with different qualification such as posts of Assistant Professors in History, Economics, Physics, Chemistry etc. is concerned,seniority shall be determined from the date of joining.

5. Determination of seniority of promotees

(1) Seniority of persons appointed on promotion to any post, cadre or grade shall be
determined from the date of joining such post, cadre or grade.

(2) When there will be appointment in a single process, of selection of more than
one person, the relative seniority of persons so appointed shall be determined by
the order in which they are selected for such promotion.

(3) Persons appointed on the result of an earlier selection shall be senior to those appointed on the results of a subsequent selection.

(4) Where promotions to a post, cadre or grade are made from more than one post, cadre or grade, the relative seniority of the promotes from different posts, cadre or grades shall be according to the order of merit determined by Commission or the selecting authority, if such posts, cadres or grades do not come within the purview of the Commission

6. Relative seniority of direct recruits and promotees ;

(1) The relative seniority between a promote and a direct recruit shall be
determined by the year of appointment or promotion of each in the post,
cadre or grade irrespective of the date of joining.

(2) The promotees shall be en-bloc senior to the direct recruits of the same
year

7. Determination of seniority of transferees :

(1) The relative seniority of persons appointed by transfer to a post, cadre or grade from the feeder post, cadre or grade of the same department or office or from other departments or offices of the Government shall be determined by the order
of selection for such transfer.

(2) When such transfer involve two or more persons selected from different departments
or offices on the same occasion, the appointing authority for such appointment on transfer shall indicate the order of merit of the selected persons in each case.

(3) The relative seniority between a promotee, a transferee and a direct recruit shall be
determined by the year of promotion or transfer or recruitment, promotees
being en-bloc senior to the transferees and direct recruits of the same year and
transferees being en-bloc senior to the direct recruits of the same year.

(4) Service benefits—With effect from the date of coming into force of these rules, for
the purpose of service benefits available on the basis of seniority, such seniority shall
mean the seniority determined under these rules

8. Interpretation:

If any question arises relating to the interpretation of these rules, it shall be referred to
the Government in the Finance Department whose decision thereon shall be final.

9. Repeal and saving :

All rules, orders or memoranda concerning matters covered by these rules are hereby
repealed;

Provided that the cases of benefits already given on the basis of seniority determined in
accordance with the principles in force prior to the coming into force of these rules
shall not be affected;

Provided further that there shall be no change in the existing order of inter-se-seniority
amongst the officers of the services within the meaning of the West Bengal Services
(Unification of State Services} Rules, 1979 (hereinafter referred to as the said rules)
as determined prior to the coming into force of the said rules i.e. the 18th May, 1979