No. SOR.II(S&GAD)2-59/78 Dated the 19th April 2003
Subject: PROFORMA PROMOTION POLICY
The existing proforma promotion policy has been reviewed in order to resolve the various difficulties and confusions in the application of the policy and to make it more clear and easy to apply.
2. The following policy guidelines regarding grant of proforma promotion to civil servants as well as proforma promotion and “notional” promotion to retired “civil servants” are hereby issued:
I) PROFORMA PROMOTION (DEFINITION)
Proforma promotion means predating of promotion of a civil servant with effect from the date of promotion of his junior for the purpose of payment of arrears and fixation of pay. It means that a civil servant who was entitled to be promoted from a particular date, but for no fault of his own, was wrongfully prevented from rendering service in the higher post, is entitled for proforma promotion and payment of arrears of pay/allowances and re-fixation of pay.
II) SENIORITY AND PROFORMA PROMOTION
It is clarified that proforma promotion is not a necessary pre-requisite for the determination of seniority of a civil servant. Inter-se-seniority of a civil servant is determined under Section 7(4) of the Punjab Civil Servants Act, 1974 read with Rule 8 of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974. It has already been clarified vide circular letter No. SORII(S&GAD)2-25/93, dated 15.01.1995 that seniority of a civil servant being a vested right cannot be relegated to a lower position unless he is superseded and his junior is promoted in preference to him. This means that a civil servant, who is deferred for promotion and is subsequently promoted would re-gain his seniority automatically. Therefore, proforma promotion is not a necessary pre-requisite for restoration of original seniority. The appointing authorities should, therefore restore seniority in such cases through a speaking order. However, proforma promotion in such cases is to be granted for the purpose of financial benefits.
III) CASES WHERE PROFORMA PROMOTION CAN/ CANNOT BE GRANTED
The salient features of the proforma promotion policy issued vide letter No. SORII(S&GAD)2-52/73, dated 16.10.1973 and subsequent policy letters, which will continue to be applicable, are recapitulated as under:-
a) Proforma promotion shall generally be granted in cases where an official whose junior has been promoted on regular basis but he was deferred due to any of the following reasons:
i) The seniority of two officials is in dispute. The senior official is promoted on due date but subsequently the junior official establishes his claim of seniority by obtaining a favourable decision from Government or the Punjab Services Tribunal or any other court of law.
ii) The official is under suspension or is facing a departmental inquiry and, therefore, his promotion is deferred. If eventually he is exonerated of the
charges, he becomes entitled for proforma promotion from the date on which he would otherwise have been promoted.
iii) An official is considered unfit for promotion because of adverse remarks in the Character Roll. Subsequently, he succeeds in getting the remarks expunged.
iv) In cases where an official might be ignored for promotion due to a clerical error or incomplete service record or plain negligence.
♦v) In cases where on the recommendation of a PSB/DPC, a senior is conditionally cleared for promotion and is able to assume charge of a higher post only after he fulfils the condition and, in the meantime, the junior (cleared for regular promotion) in the same meeting assumes charge of the higher post; the senior in consequence of the fulfillment of the condition, shall be entitled for proforma promotion from the date the junior is promoted.
b) The senior will have no case of Proforma Promotion if the junior was promoted on officiating, acting charge, current charge basis or other stop-gap arrangement.
IV) PROFORMA PROMOTION TO BE CONSIDERED AT THE TIME OF REGULAR PROMOTION
Previously, under the policy regarding proforma promotion, an officer/official was first promoted with immediate effect and thereafter, on his representation, his case for grant of proforma promotion was considered separately. This practice was cumbersome and resulted in delays and unnecessary hardship to the concerned civil servant. It has now been decided that:
a) The case of proforma promotion shall be considered by the relevant committee/board/authority at the time of regular promotion of the concerned civil servant (if he was wrongfully prevented from promotion earlier due to any of the reasons given in para III (a), in order to reduce the workload at all levels and also to minimize the suffering caused to the civil servant, whose promotion has already been delayed due to no fault of his own.
b) The Administrative Department shall, therefore, process the working papers for such promotions accordingly. This will obviate the necessity of individuals for filing separate representation for proforma promotion after their regular promotion.
c) In such cases of promotion/proforma promotion, the officer/official will be adjusted against the higher post in the first instance, and then his case for drawl of arrears of pay shall be decided/resolved by the relevant authority.
♦Sub-clause (v) added vide Notification No.SOR-II(S&GAD)2-59/78 dated 20.05.2006.
d) In old cases, the existing procedure shall continue i.e., where an officer has already been promoted with immediate effect, he should file a representation for grant of proforma promotion and his case for proforma promotion will be considered by the relevant committee/board.
e) In cases where a person, who was eligible for proforma promotion under the conditions mentioned in III(a) read with IV(a), but could not be granted proforma promotion and was only considered for promotion with immediate effect, in such cases also, his claim for proforma promotion may be considered later as per previous practice. However, the departments should ensure that generally the proforma promotion must be granted in such cases at the time of regular promotion to the civil servant, if he was wrongfully prevented from promotion earlier.
V) PROFORMA PROMOTION TO RETIRED OFFICERS/OFFICIALS
This means a case where a senior officer/official was deferred for promotion due to no fault of his own and his junior was promoted and subsequently the senior was also promoted, during his service, but could not get Proforma Promotion during service and retired.
It is clarified that under Rule 9(2) of the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, promotion/ proforma promotion cannot be claimed as of right by any civil servant. Similarly, under the provisions of the Punjab Civil Servants Act/Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, only a civil servant can be appointed on promotion. Since a retired ‘civil servant’ is no longer in service, therefore, he ceases to be a civil servant. Since promotion can be granted only to a civil servant, a retired officer/official cannot avail the benefit of promotion/proforma promotion.
However, keeping in view the hardship caused to the retired ‘civil servant’, it has been decided that in case where a civil servant was wrongfully prevented from promotion (Para III(a) refers) and was subsequently promoted during his service, but could not get proforma promotion during his service and retired, such officer may be considered for proforma promotion, provided he files a representation to this effect during his service. The representation filed after retirement shall not be considered.
VI) NOTIONAL PROMOTION TO RETIRED CIVIL SERVANT
This means a case where a senior officer/official was deferred for promotion due to some reason and his junior was promoted and subsequently after removal of the reason of deferment, the senior becomes eligible but could not be promoted to a higher post, during his service and retired.
As explained above at serial No.V, a retired ‘civil servant’ cannot be considered for promotion because he ceases to be a civil servant on his retirement. Therefore, a retired person cannot avail the benefit available exclusively to a civil servant. Since promotion can only be granted to a civil servant, a retired officer/official cannot be considered for promotion on notional basis.
3. This issues with the approval of the Chief Minister, Punjab. The Administrative Departments are requested to circulate this Policy to all concerned for compliance.
NO.SOR-II(S&GAD)2-65/2005 Dated the 7th June 2005
Subject: PROMOTION/PROFORMA PROMOTION TO HIGHER POSTS – DATE OF EFFECT OF PROMOTION – AMENDMENT IN PUNJAB CIVIL SERVANTS ACT, 1974
I am directed to refer to the subject noted above and to state that according to the prevailing policy of the Government of the Punjab, promotion is granted to serving civil servants with immediate effect and not from the date of occurrence of vacancy. Promotion is not granted to retired civil servant as the does not remain a civil servant after retirement, though proforma promotion may be granted to retired civil servant from the date of promotion of his junior, provided that the retired civil servant was promoted to the rank during his service.
2. To further strengthen the provisions of the policy regarding the date of effect of promotion, the Government of Punjab has now made the following amendments in Punjab Civil Servants Act, 1974, through notification No. PAP-Legis-2(18)/2005/721 dated 15.04.2005. The salient features of the amendment are as under:
i. In section 2 of the Act, definitions of promotion and proforma promotion have been added as under:
(g-a) “proforma promotion” means predating of promotion of civil servant or retired civil servant with effect from the date of regular promotion of his junior, for the purpose of fixation of pay and payment of arrears as may be prescribed;
(g-b) “promotion” means appointment of a civil servant to a higher post in the service or cadre to which he belongs;
ii. Existing section 8 has been substituted as under:
8. Promotion – (1) A civil servant shall be eligible to be considered for appointment by promotion to a post reserved for promotion in the service or cadre to which he belongs in a manner as may be prescribed; provided that he possesses the prescribed qualifications.
(2) Promotion including proforma promotion shall not be claimed by any civil servant as of right.
(3) Promotion shall be granted with immediate effect and be actualized from the date of assumption of charge of the higher post, and shall in no case be granted from the date of availability of post reserved for promotion.
(4) A civil servant shall not be entitled to promotion from an earlier date except in the case of proforma promotion.
(5) A retired civil servant shall not be eligible for grant of promotion; provided that he may be considered for grant of proforma promotion as may be prescribed.
(6) A post referred to in sub-section (1) may either be a selection post or a non-selection post to which promotion shall be made as follows:
(a) in the case of a selection post, on the basis of selection on merit; and
(b) in the case of a non-selection post, on the basis of seniority-cum-fitness.
3. It is requested that while processing and deciding the cases of promotion and proforma promotion of civil servants and retired civil servants, guidance should be sought from the provisions of the above amendment in the Punjab Civil Servants Act, 1974, as well as the Punjab Government’s Proforma Promotion Policy issued vide circular No. SOR-II(S&GAD) 2-59/78, dated 19.04.2003.