Seniority Regulation 1998 English Typed

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Seniority

Regarding the employee of U.P. State Electricity Board Seniority regulations issued No. 84-
Regulation-23/Secretary-98-3 Regulation /92 dated 24th February, 1998

Notification
Miscellaneous

After using the powers under section 79 C of the Electricity Supply Act, 1998 the UP
State Electricity Board is framing the following Regulations by this for determining
the seniority of the appointed persons in its services.

The UP State Electricity Board Employee Seniority Regulation 1998

Part-I

Preliminary

1. Brief Name and Start


(i) This regulation will be called the UP State Electricity Board Employee
Seniority Regulation - 1998
(ii) This regulation will be effective immediately

2. Coming into effect


This regulation will be applicable to all those employee of the UP State
Electricity Board Employee Seniority Regulation -1998 regarding the
appointment and service conditions of whom the Board will frame or has
already been framed the regulation under section 79 C of the Electricity
(Supply) Act, 1998

3. Overriding effect
This regulation will be effective even after been adverse to any matter in any
service regulation framed before this.

4. Definitions:-
Till here is not any adverse matter in reference or subject in this regulation
a. Regarding any service the meaning of the “Appointing authority” is with
the entitled/powerful officer for making appointments in such service
under the relevant service regulations.
b. “Cadre means the number of the member of any service or any part of the
approved service in any separate unit.
c. The meaning of the “Commission” is the Uttar Pradesh State Electricity
Board Service Commission as it is.
d. The meaning of “Committee” the committee constituted for the selection
of the appointment in the service under the relevant service regulations.
e. The meaning of “Feeder Cadre” is that cadre of the service out of the
members of which under the relevant service regulations promotion may
be made at the higher service or post.
f. The meaning of the service is that service, in which the seniority of the
members of the service is to be determined.
g. The meaning of the “Service regulation” is the regulation farmed under
section 79C of the Electricity Supply Act, 1948 and the executive orders
issued by the Board for regulating the service conditions and the
appointment of the appointed persons in the relevant service at place
where there is no such regulation.
h. The meaning of “Basis/Original Appointment “ is such appointment at any
post in the cadre of service, which is not the ad-hoc appointment and such
appointment which has been done after selection according to the service
Rules, concerned with the service.
i. The meaning of “Year” is the period of 12 months starting from the first
day of July.

Part-2

Determination of Seniority

5. Seniority in that conditions, when appointments are made by Where


according the service regulations where the appointments are to be made
only be direct recruitment at that place the inter-se seniority of the persons
appointed due to any one selection will be the same, which has been shown
in the merit list prepared by the Committee or status quo commission.

The restriction is this that directly appointed any candidate may lose his
seniority if on being proposed for any vacant post he without any legal
accepted reasons fails to assume charge regarding the reasons of the legal
acceptance the decision of the appointing authority will be final.

Further restriction is this that the person appointed due to the


subsequent selection will remain junior among the persons appointed due to
the previous selection.

Explanation: Where for the same year for the regular and emergency
recruitment separate selections are made, then the selection made for the
regular recruitment will be considered as the previous selection.

6. In that conditions when appointments are made by promotion from only the
sole feeder cadre.
Where according to the service regulation the appointments are to be
made by promotion from the only feeder cadre at that place the inter-se
seniority the person appointed in this way will be the same which was in the
feeder cadre.

Explanation: In the feeder cadre nay senior person may have been
appointed after the junior person to him in their promotion cadre, in that
cadre in which their promotions is done, he will attain again the same
seniority which was in the feeder cadre.

7. In that condition seniority when the appointments are made only by


promotion from many feeder cadres:-

Where according to the service regulations, the appointments are to be made


from more than one feeder cadres, only by promotion, there due to any one
selection the inter-se seniority will be determined according to the date of
order of their basic appointment in the respective feeder cadre.
Explanation: Where in the office of the basic appointment in the feeder cadre
any such special previous date is specially filed in which any person may be
appointed basically then that date will be considered as the date of order of
the basic appointment and in other matters its meaning will be the date of
issuing the order.
Restriction is this that where the pay scale of the feeder cadre is different
than the person promoted from feeder cadre getting higher pay scale will be
senior to the persons promoted from the feeder cadre getting lower pay
scale.

Further restriction is this that due to subsequent the appointed person will be
junior to the appointed persons due to previous selection.

8. In that condition seniority should be determined when appointments are


made from promotions and direct recruitment.

1) Where according to the service regulations appointments, promotion


and direct recruitment are to be done in both the ways, at that place
the seniority of the persons appointed in this way will be determined
under the provisions of the following sub Rule from the date of order of
their basic appointment and if two or more persons are appointed
together, then in that sequence it will be determined, in which their
names have been kept in the order of appointment.

Restriction is this that if in the order of appointment any such specific


prior date is specified by which any person is appointed basically, then
when that date will be considered as the date of appointment, the date
or order of the basic appointment and in other matters its meaning will
be date of issuing order.
The further restriction is this that any candidate recruited directly may
lose his seniority if on the proposal of any vacant post given to him, he
fails in assuming charge without legal reasons. Regarding the legal
acceptance of the reasons, the decision of the appointing authority will
be final.

2) Due to any one selection:

K. The inter se seniority of persons appointed directly will be the same


as it has been shown in the merit list prepared by the commission of
committee as it is.
KH. The inter se-seniority of the appointment persons by promotion
will be the same which according to this situation that the promotion
is done from the single feeder cadre or from many feeder cadres.
According to the principles given in the regulation 6 or regulation 7,
as it is, may be determined.
3) Where due to any selection the appointments are made in both the
ways by promotion and by direct recruitment, at that place seniority of
the promoted persons vis-à-vis a seniority of the persons recruited
directly, so far it is possible according to the prescribed quota for both
the sources in sequence of turns. Place will be of the promoted persons
will be determined.
As for example

1. Where there is a quota of promoted persons and of the persons directly


recruited is in the proportion of 1=1 at that place the seniority will of the
following sequence
First-promoted person
Second- the person directly recruited and in this way further also.

2. Where the said quota is in proportion of 1=3 at that place the seniority
will be in the following sequence :-
First- Promoted person
Second to Fourth – persons directly appointed
Fifth –promoted persons
Six to eight –directly recruited persons and this way further also

Restrict is this that:-

(One) – Where from any source appointment are made more than the
prescribed quota, at that place for the seniority of the persons
appointed more than the quota for those subsequent year or years
will be increased, in which are vacancies according to quota.

(Two) – Where the appointments from any source are less than the
prescribed quota and against such unfilled vacancies, the
appointments are made in the subsequent year or years then the
persons appointed in this way will not get seniority of any previous
years but they will get seniority of that year, in which their
appointments are made, but their names will be kept at the top,
after which the names of other appointed persons will be kept in
sequence of turn.

(Three) - Where according to the service Regulations in the circumstance


mentioned in the relevant service regulations, the vacancies without
being filled from any source may be filled from other source and
appointments should be made more than the quota, at that place the
person appointed in this way will get the seniority of that every year
as if they are appointed against the vacancies of their quota.

Part Three

Seniority list

(9) Preparation of the seniority list:

1. After the appointment in the service as far as possible soon the


appointing authority will prepare the final seniority list of the persons
appointed basically in the service acceding to the provisions of this
Regulation

2. In the persons concerned with the final seniority list after inviting
objections and after giving notice of the reasonable period which will
be at the least of seven days from the date of coming into effect of the
final seniority list will be brought in the effect.

3. Against the powers of legality of this regulation no objection will be


accepted.

4. The appointing Authority will issue final seniority list after disposal of
the objections vide reasonable order.

5. It will not be essential to prepare the seniority list of that cadre in


which the appointments are made by promotion from the single feeder
cadre.

Sharat Chandra Rasthogi


Secretary

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