• Fixation of seniority

Dear Sir,

Sub: Fixation of seniority - reg

I am a central government employee in a university of national importance.   during the year 2003 I appeared in a departmental examination under departmental promotion quota of vacancies of year 2003.  Under this quota, the test is conducted and then DPC meeting is conducted either through regular meet or thrugh circulation.  In some cases, DPC was and is not even conducted and the promotion letter is issued.  

In my case, i had passed the test but the DPC was not conducted for 3-4 months.  In the meanwhile, the department had also conducted open recruitment for the same post under direct recruitment quota.  These direct recruitees were allowed to join their positions in same cadre prior to my joining being kept pending for unknown reasons.  I was issued letter after their joining.  

On initial seniority list i was placed above these direct recruitees but these joinees represented against my bbeing made senior to them.  After a lengthy battle, these joinees won the issue and got themselves placed above me and resultanty i became junior to them.  

Issue:  Had my result been announced before their deliberate joining before me, I would have become senior to them in fitness of rules and precedences.  But administration deliberately delayed the whole process despite the fact the DPC was mere a formality. 

Now administration is not revising my seniority.  I became a looser due to apathy of administration for no fault of mine and no corrective actions are in offing .  for no fault of mine, I am being made to suffer.

I would request you, in light of above, to please guide me.

Thanking you in anticipation..
Asked 3 years ago in Constitutional Law from New Delhi, Delhi
do you have details of cases wherein without conducting DPC promotion letter is issued? whether to promote candidate DPC is mandatory or not ? it is necessary to go through these guidelines laid down for department quota promotion .
 if you were aggrieved by the decision of department in placing direct recruits as your senior you should have challenged said decision in 2003 and not now after 11 years
Ajay Sethi
Advocate, Mumbai
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