Proforma Promotion Policy 19.04.2003
OFFICE MEMORANDUM
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.
- The following policy guidelines regarding the 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 refixation 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. SORIII(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15.01.1995 that seniority of a civil servant being a vested right, cannot be relegated to a lower position unless he is superseded and his junior is promoted in preference to him.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 subsequently promoted would re-gain his seniority position. Therefore, proforma promotion is not a necessary prerequisite for restoration of original seniority. The appointing authority should therefore restore seniority in such cases through a speaking order. However, proforma promotion in such cases is to be allowed 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. SORIII(S&GAD)2-5273, 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 junior official is promoted on due date but subsequently the senior official establishes his claim of seniority by obtaining a favorable 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 subsequently he is exonerated of the charges on which he was held up, he would be promoted from the date his junior was promoted and arrears of pay/allowances would be granted to him.
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 case an official is missed for promotion due to some clerical mistake or administrative lapse, proforma promotion will be allowed with immediate service re-fixation in plain terms.
v. The junior will have a regular charge basis or arrangement while the junior was promoted on officiating acting charge, current charge basis of other stop gap arrangement.
IV) PROFORMA PROMOTION TO BE CONSIDERED AT THE TIME OF REGULAR PROMOTION
a. Previously under the policy regarding proforma promotion, an officer/official was first promoted with immediate effect and therefore, on his presentation, 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 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 para III(a), in order to reduce the work at all levels and also to mitigate 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 promotion accordingly.
c) It will obviate the necessity of individual officers filing representation for proforma promotion after their regular promotion.
d) In such cases of promotion/proforma promotion, the civil servant shall be adjusted against the higher post in the first instance, and then his case for withdrawal of arrears of pay shall be decided/processed by the relevant administrative department.
e) In all cases, the existing procedure shall continue as an immediate effect has already been involved in proforma promotion and his proforma promotion case shall be considered by the relevant committee/board.
f) In cases where a person, who was eligible for proforma promotion under the conditions mentioned in para (a) with III(a), but could not be granted proforma promotion, such cases may be considered for proforma promotion and accordingly, his claim for proforma promotion may be considered as per previous practice. However, the departmental promotion authority shall generally file proforma promotion cases pertaining to such cases at the time of regular promotion.
VI. PROFORMA PROMOTION OF 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 his service and retired.
It is clarified that under Rule 9 of the Punjab Civil Servants Promotion and Constitution of Service Rules, 1974, proforma promotion cannot be claimed as of right by civil servant. Similarly, under the provisions of the Punjab Civil Servants Act, 1974/Punjab Civil Servants Appointment Promotion and Service Rules, 1974, a retired civil servant can be appointed on promotion. Since 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 proforma promotion on retirement.
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 IIIa) of these rules and subsequently promoted during his service, but could not get proforma promotion during his service and
retired, his case may then be considered for proforma promotion provided he files representation to this effect during his service. The representation filed after retirement may not be considered.
VII) 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 cause of deferment, the senior becomes eligible but could not be promoted to a higher post, during his service and 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 civil servant. Since promotion can only be granted to a civil servant, a retired officer/official cannot be considered for promotion on notional basis.
This issues with the approval of the Chief Minister, Punjab. Administrative Departments are requested to circulate this Policy to all concerned for compliance.
