Relinquishment of Promotion under Rule 38 Part-II KS&SSR

This post outlines the key provisions of Rule 38, Part-II of the Kerala Service Rules (KS&SSR), along with its explanations and guidelines, regarding the relinquishment of promotion rights. Below is an ordered list summarizing the rules and guidelines for clarity.

1. Relinquishment of Rights or Privileges:
   Any person may relinquish, in writing, any right or privilege under these rules or Special Rules, provided the Appointing Authority deems it not against public interest. No right or privilege needs to be recognized to the extent it has been relinquished. [Rule 38, Part-II KS&SSR]

2. Impact on Seniority:
   Relinquishing the right to promotion results in a loss of seniority. A relinquishment is not permissible unless it entails loss of seniority. [Rule 38 Explanation]

3. Right to Withdraw Relinquishment:
   The right to relinquish a promotion includes the right to withdraw the relinquishment. [2004 Guideline]

4. Scope of Relinquishment:
   Relinquishment applies to something offered or in the process of being offered. If a provisional promotion is relinquished, only the provisional promotion is affected, not future regular promotions. [2004 Guideline]

5. Loss of Seniority for Regular Promotions:
   The loss of seniority outlined in Rule 38 applies only to regular promotions, not provisional ones. [2004 Guideline]

6. Seniority in Feeder Category:
   Loss of seniority applies only to the promoted post, not the feeder category. If a senior employee relinquishes a promotion, their seniority in the feeder category remains unaffected. However, if promoted later, they cannot claim seniority over juniors promoted earlier. [2004 Guideline]

7. Restrictions on Relinquishment Requests:
   Requests for relinquishment are not allowed if submitted on or after the date of the order promoting or appointing the person by transfer to the post. [KS&SSR Amendment 2023 (Third)]