I would like to state my problems in very detail,my problems is my crucial date for promotion is 1st of April 2018,this crucial date of promotion of officer is same for every officer,then my senior got promoted to the next higher grade through relaxation of service rules,although they too promotion crucial date is only 1st of april 2018.now,lots of problems is created in a feeder grade due to this services rules relaxation,the department conducted only two time of deparmental exam since my entry into this post I.e 2011(pass exam is one of the criteria only it's not that the one who pass earlier will get promotion early ).my very junior had passed exam one year before,I passed on this year may 2017,so, due to relaxation of this service rules to the higher grade ,my junior have a chance to supersedes me..in this regards I would like to have legal advice and get cleared that,1)whether the government can use relaxation clause at the cause of damaging feeder grade services,2) whether the government should give us an opportunity to enjoy right to equality..3) is there any point to challenge goverment offering relaxation promotion rules for senior grade service which created hardship to the feeder grade.
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1.Relaxation of seniority for the purpose of promotion is permissible provided it is established that the candidate is mroe fitter than the one who is superseded.
2. Yes deprivation of opportunity is a ground which is supersession an be challenged.
3.The point of challenge can be those which I have just mentioned.
However mrp points can be advised If I manage to know more details of your dispute,service Rules etc for which you may take my professional help.
according to article 14 & 16 of the constitution of India employee has right to equal opportunity and he has fundamental rule to remove arbitrary provision from the service rule.
government i.e. called state cannot make rule to cause injustice to any employee in respect of promotion, service condition and any other related matter without having just, fair and reasonable ground behind the rule.
you should file a writ before the high court for judicial review of this rule.
the real problems is executive order like crucial date office memorandum, which say that eligibility for officer for promotion is fixed on 1st April of calendar year,in a service rules it is written that for promotion to junior grade to senior grade it's required 1) five year continuous service.2) pass exam 3)ACR bench marking..I have fulfilled all the requirements, but only the crucial date.that also if the service in the higher grade don't get relaxation,they wont get promotion .there crucial date is same for they and me ie 1 april 2018.therefore I would say that my service is deprived due to this relaxation.please share your thoughts..