Section 35
Special Provision Of Promotion By Evaluation Of Work Performance And Experience
(1) Notwithstanding anything contained elsewhere in this Act, any Employee, who has completed at least the following service period in the post of the following class, and obtained the educational qualification that is higher than the required minimum educational qualification specified for the post of the concerned group or sub-group at the time of entering into the service or being grouped, after or later the entry into or being grouped, shall be promoted to the one level higher post:
(a) Non-gazetted Second Class – Ten years
(b) Non-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), if an Employee has completed the service period of eighteen, fifteen and thirteen years or more in the permanent post of the same class of gazetted third class, non-gazetted first class and non-gazetted second class, respectively, and obtained the educational qualification that is higher than the required minimum educational qualification on the subject specified at the time of entering into the service or being grouped in the post of the concerned service, group or sub-group, the Employee shall be promoted to the one level higher post.
(3) The following conditions shall have to be fulfilled for the promotion pursuant to sub-sections (1) and (2) (a) Not being subject to action pursuant to Section 28; (b) Having obtained the marks average of ninety percent or more in the evaluation of work performance last three years.
(4) There shall be a promotion committee as follows to make recommendation for promotion pursuant to sub-section (1) or (2): (a) Member of the Public Service Commission designated by the chairperson of the Public Service Commission – Chairperson
(b) Secretary -Member
(c) Secretariat Secretary -Member Secretary
(5) The secretariat of the promotion committee as referred to in sub-section (4) shall be situated at the Legislature-Parliament Secretariat, and in making recommendation for promotion pursuant to this Section, the promotion committee shall make such recommendation two times a year once in the month of Poush and once in the month of Ashad in each year.
(6) The one level higher special post of the concerned service, group or sub-group shall ipso facto be created at office where such Employee is serving for making promotion pursuant to sub-section (1) or (2), and after the concerned body has made promotion to such a post, the Civil Employee Record Office shall register such post promoted to, with effect from the date of the commencement of promotion.
(7) Such a post shall ipso facto lapse if the Employee who has been promoted pursuant to sub-section (6) gets retirement by any reason
or is promoted to higher post or adjusted to the registered post, and the post shall ipso facto be settled as the earlier post before the post of his or her promotion, and the Civil Employee Record Office shall maintain the records of such post accordingly.
(8) The Employee promoted to a special post pursuant to sub- section (6) shall have to perform the same functions as were being performed by him or her while serving in the post prior to such promotion, except in the case of adjustment made pursuant to Section 17. Provided, however, that while counting the seniority, it shall be counted of the post promoted to, and the Employee promoted as per this Section shall be eligible to compete for all kinds of promotion for a post
of the class that is higher than that.
(9) Notwithstanding anything contained elsewhere in this Section, the promotion provision as referred to in this Section shall not apply to the post subject to up-gradation in level.
(10) Notwithstanding anything contained elsewhere in this Section, promotion made pursuant to this Section shall not be prejudicial to the provision of fulfillment of posts through open competition.
(11) The procedures for inviting applications for promotion by evaluation of work performance and experience, result publication and period, complaint against promotion and adjustment of promoted Employees and other provisions relating to procedures shall be as prescribed.
(a) Non-gazetted Second Class – Ten years
(b) Non-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), if an Employee has completed the service period of eighteen, fifteen and thirteen years or more in the permanent post of the same class of gazetted third class, non-gazetted first class and non-gazetted second class, respectively, and obtained the educational qualification that is higher than the required minimum educational qualification on the subject specified at the time of entering into the service or being grouped in the post of the concerned service, group or sub-group, the Employee shall be promoted to the one level higher post.
(3) The following conditions shall have to be fulfilled for the promotion pursuant to sub-sections (1) and (2) (a) Not being subject to action pursuant to Section 28; (b) Having obtained the marks average of ninety percent or more in the evaluation of work performance last three years.
(4) There shall be a promotion committee as follows to make recommendation for promotion pursuant to sub-section (1) or (2): (a) Member of the Public Service Commission designated by the chairperson of the Public Service Commission – Chairperson
(b) Secretary -Member
(c) Secretariat Secretary -Member Secretary
(5) The secretariat of the promotion committee as referred to in sub-section (4) shall be situated at the Legislature-Parliament Secretariat, and in making recommendation for promotion pursuant to this Section, the promotion committee shall make such recommendation two times a year once in the month of Poush and once in the month of Ashad in each year.
(6) The one level higher special post of the concerned service, group or sub-group shall ipso facto be created at office where such Employee is serving for making promotion pursuant to sub-section (1) or (2), and after the concerned body has made promotion to such a post, the Civil Employee Record Office shall register such post promoted to, with effect from the date of the commencement of promotion.
(7) Such a post shall ipso facto lapse if the Employee who has been promoted pursuant to sub-section (6) gets retirement by any reason
or is promoted to higher post or adjusted to the registered post, and the post shall ipso facto be settled as the earlier post before the post of his or her promotion, and the Civil Employee Record Office shall maintain the records of such post accordingly.
(8) The Employee promoted to a special post pursuant to sub- section (6) shall have to perform the same functions as were being performed by him or her while serving in the post prior to such promotion, except in the case of adjustment made pursuant to Section 17. Provided, however, that while counting the seniority, it shall be counted of the post promoted to, and the Employee promoted as per this Section shall be eligible to compete for all kinds of promotion for a post
of the class that is higher than that.
(9) Notwithstanding anything contained elsewhere in this Section, the promotion provision as referred to in this Section shall not apply to the post subject to up-gradation in level.
(10) Notwithstanding anything contained elsewhere in this Section, promotion made pursuant to this Section shall not be prejudicial to the provision of fulfillment of posts through open competition.
(11) The procedures for inviting applications for promotion by evaluation of work performance and experience, result publication and period, complaint against promotion and adjustment of promoted Employees and other provisions relating to procedures shall be as prescribed.