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Section 35
Special provisions regarding promotion by evaluation of performance and experience
(1) Notwithstanding anything else written in this Act, an employee who has completed at least the following service period in the following category of posts, at the time of joining the service in the relevant group or sub-group or being grouped, the educational qualification higher than the prescribed minimum educational qualification before or after entering the service or being grouped If received, such employees will be promoted to the post one grade above:-
(a) Gazetted Second Class Ten years (b) Gazetted First Class Twelve years
(c) Gazetted Third Class Fifteen years
(d) Gazetted Second Class Eighteen years (2) Notwithstanding anything contained in sub-section (1), gazetted third class, gazetted first class and gazetted second class employees in the same category on completion of eighteen, fifteen and thirteen years or more of service respectively in the respective service, group or sub-group If the employee has obtained the minimum educational qualification in the prescribed subject while joining the service or being grouped, such an employee will be promoted to a higher rank.
(3) In order to be promoted as per subsection (1) and (2), the following conditions must be fulfilled.
(a) The conditions under section 28 should not occur,
(b) Should have scored ninety percent or more on average in the last three years of performance evaluation.
(4) For the purpose of recommending promotion in accordance with sub-section (1) or (2), there shall be a promotion committee as follows:
(a) Members of the Public Service Commission appointed by the Chairman – Chairman (b) Secretary appointed by the Speaker from amongst the Secretaries - Member (c) Secretariat Secretary – Member – Secretary
(5) The secretariat of the promotion committee under sub-section (4) will be in the Legislature-Parliament Secretariat and when the promotion committee recommends promotion under this section, it shall be done twice a year, once in the month of Poush and once in the month of Ashad in each financial year.
(6) To be promoted in accordance with sub-section (1) or (2), a special post above one grade of the relevant service, group or sub-group shall automatically be created in the office in which such employee is present and after promotion to such post by the relevant body, the promotion shall be effective from the date of promotion. The special post will be registered by the civil library.
(7) If an employee who has been promoted to a position as per sub-section (6) retires from service for any reason or if he is promoted to a higher position or if he is adjusted to a post, such position shall automatically be revoked and the position immediately prior to his promotion as per this section shall be deemed to be automatically retained and accordingly, civil The library will organize the records of such posts.
(8) Except in the case of adjustment according to section 17, the employee who has been promoted to a special position as per sub-section (6) shall perform the same work as he performed while holding the position prior to such promotion. But while calculating the seniority, the promoted position will be counted and the employees who have been promoted according to this section will be allowed to compete for all types of promotions for the higher category positions.
(9) Notwithstanding anything written elsewhere in this clause, the promotion provisions of this clause shall not apply to the post to be upgraded.
(10) Notwithstanding anything else written in this section, the promotion under this section shall not have any adverse effect on the system of filling the posts through open competition.
(11) Procedure and period for inviting applications for promotion based on evaluation of performance and experience, publication of results, promotionComplaints and other arrangements related to the procedures including the adjustment of employees who are promoted will be as prescribed.