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Clarification regarding permanent appointment in feeder posts as a prerequisite for promotion under WBPSC Regulations and WBS (APC) Rules, 1979

Memo no. 6391(350)-F Dated: 01-06-1984 Finance Department Govt. Of West Bengal

Summary: West Bengal Finance Department Memorandum No. 6391 (350)-F (dated June 1, 1984) clarifies that, unless specifically exempted by a rule, confirmation (holding a lien) in the lower feeder post is mandatory for a Government employee to be eligible for promotion to a higher post (such as Upper Division Assistant/Clerk). Referencing Regulation 2(e) of the WBPSC (Exemption from Consultation) Regulations, 1955, and the WBS (Appointment, Probation and Confirmation) Rules, 1979, the order emphasizes that employees can now be confirmed even in temporary or converted permanent posts, removing barriers to fulfilling this prerequisite prior to promotion.

Government of West Bengal

FINANCE DEPARTMENT
AUDIT BRANCH

No. 6391 (350)-F Dated, Calcutta, the 1st June, 1984

MEMORANDUM

Sub: Points regarding the question of lien in the lower feeder post for the purpose of promotion.

The undersigned is to invite a reference to this Department memorandum No. 3868-F dated 31.3.84. A question has been raised whether for the purpose of consequential promotion of Upper Division posts, the concerned incumbents should have a lien in the lower feeder posts i.e. should be confirmed before being considered for promotion to the posts of Upper Division Assistants/Clerks.

  1. In this connection a reference is invited to regulation 2(e) of the West Bengal Public Service Commission (Consultation by Governor Regulations, 1955 renamed as the West Bengal Public Service Commission (Exemption from Consultation) Regulations, 1955. This regulation defines promotion as appointment of a person to a post on a pay or scale of pay higher than that attached to the post on which he holds a lien. In other words one must have permanent appointment in the lower feeder post before he is considered - for promotion to higher post.

  2. This definition equally applies to cases of promotion where the Public Service Commission need not be consulted as well as in cases where the Commission is to be consulted for promotion.

  3. After promulgation of the West Bengal Services (Appointment, Probation and Confirmation) Rules, 1979 it is now possible to confirm a direct recruit even in a temporary post on fulfilment of necessary conditions as laid down therein. A promotion post may also be converted into a permanent one in terms of Finance Department No. 6059-F dated 25.6.79 and the incumbent may be confirmed in such converted permanent post if otherwise found eligible there is, therefore, no difficulty at the present moment for Government employee to be confirmed in a post in order to be eligible for promotion to higher post.

  4. In view of the position explained in the foregoing para it is clarified for the guidance of all concerned that, unless otherwise provided specifically in any rule, in all cases of promotion to higher posts, confirmation in the lower feeder posts will be necessary.

Sd/-

Joint Secretary to the
Government of West Bengal
Finance Department

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