• Status of incumbent promoted prior to commencement of new RRs

Sir, I was promoted(1999) as SO and probation removed in 2001 under old RRs. These which were subsequently repealed and replaced by new RRs in 2002. A new mode of recruitment of Limited Deptt Exam was introduced with quota of promotion by seniority and merit in 50% each. Department redrew the select lists in old RRs. My juniors qualified these exams and appointed as SOs from 2002 onwards. In 2007 due to some court decision department redrew the select list of old RRs upto 2001 and relegated me as SO in 2003. This exercise was held retrospectively. From 1999 to 2007 I was neither shown as in the lower post of Assistant nor as adhoc SO. Therefore I was not eligible for Limited Deptt Exam as per new RRs commenced from 2001. Moreever There was no need for me to apply for Limited Deptt Exam as I was holding the post of SO and my probation was also cleared in the post. This has resulted in substantial loss in seniority to me vis a vis my juniors who had appeared in Limited Deptt Exam and became SOs from 2002 onwards. What are my options ? Kindly guide me whether I can move court for special LDCE for 2002?
Asked 7 years ago in Labour

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2 Answers

Moreever There was no need for me to apply for Limited Deptt Exam as I was holding the post of SO and my probation was also cleared in the post. This has resulted in substantial loss in seniority to me vis a vis my juniors who had appeared in Limited Deptt Exam and became SOs from 2002 onwards. What are my options ? Kindly guide me whether I can move court for special LDCE for 2002?

Though the new rule is applicable to all in general, your case may not fall within that ambit since you belong to old category hence it cannot affect your seniority or promotion.

However if there is an anomaly then it has to be properly represented and exhaust the remedies available within the management level.

You can make a representation in writing and await their reply

If the decision is not in your favor you may try the options for legal action as per law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Sorry New RRs commenced from 2002. On that day a I was holding the post of SO. Can therefore my position be relegated beyond 2002 as new mode of recruitment in the form of Limited Deptt Exam for for Assistant with 5 years of service was introduced. As I was not holding the post of Assistant, therefore I was not eligible to write the Limited Deptt Exam.

Since the examination is for the same post that you are already holding, your case should not fall within that aspect, however you can make a representation to the higher authority and seek remedy and relief.

If the decision is not in your favor you may weigh the options for legal solutions through court or tribunal.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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