• Regarding non promotion

I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no case is there against my name.How should I filed a writ petition challenging my non  promotion ?
Asked 8 days ago in Labour from Bangalore, Karnataka
Hello,

Challenge the promotion process.
The person who have got the promotion are to be made party to the writ petition.
Challenge the promotion order vide which promotion has been given to other people.
Contact a local lawyer
Writ under article 226 will be filed for getting the order quash and seeking direction to conduct a fresh promotion drive.

Thanks and Regards
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

you have to file application before CAT in your city against your non promotion 

2) mention that although you had higher rank of 200 person having lower rank than you at 213 was promoted 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

The promotion is both based on performance and seniority,'So if your place is better than the other candidate in all counts and there is no vigilance investigation is pending then there is no reason why you should not have promoted in higher category.
So challenge this injustice you can surely file writ petition in high court unless such disputes are required to be filed in CAT.
Devajyoti Barman
Advocate, Kolkata
10425 Answers
125 Consultations

5.0 on 5.0

In your application before CAT take the ground that you ha e been discriminated on account of your caste and non deserving candidate promoted 

2) seek litigation costs 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

Adjudivation on the issue of promotion is decided solely on the Relevant Service Rules.
if it is not applied then you have good case and no need to take plea of other issues.
Devajyoti Barman
Advocate, Kolkata
10425 Answers
125 Consultations

5.0 on 5.0

Sir file a writ petition against the concern department regarding your non promotion. In that case you can mention caste based discrimination etc.
Hope my reply helps you.
Johnu Kanta Bhuyan
Advocate, Guwahati
155 Answers

5.0 on 5.0

Yes definitely you can raise all those allegations.
Let me know if I can be of further help.

Regards
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

Dear Client,

Get the letter/order which upholds ur promotion for vigilance case pending . 

File the writ, giving details of candidates who is/are low in rank being low in merit n seniority but given promotion preferring above u. 

Support your case with RTI reply that no case pending against u, discrimination may be sought out by court intervention. 
Yogendra Singh Rajawat
Advocate, Jaipur
299 Answers

4.9 on 5.0

Please file a case in kat/cat .... they are forum to adjudicate in matters of government, semi government job related ....
Swarnarka Chowdhury
Advocate, Mysore
52 Answers

4.8 on 5.0

You can not file a case for violation of right to equality and caste based discrimination .. etc., The promotion is the decision by your senior management based on various internal policies, performances ... etc., .

You can file writ with high court based on the rank and the documents obtained through RTI ( Check with any corporate lawyer before that ) .
Niranjan
Advocate, Bangalore
455 Answers
2 Consultations

4.9 on 5.0

Before approaching court of law directly for the relief, you approach your own head of the department of the higher authority with an application venting out your grievances and the relief sought by an intervention of the authority in this regard.
Thus after exhausting the remedies available within the department, you may plan for a court case by filing a writ petition seeking the relief and remedy.
 
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

Can I filed a case for violation of right to equality and caste based discrimination as well as right to life and  freedom violation and ask for a compensation also for the mental harassment I am undergoing because of non promotion .

In my opinion, it would be better you concentrate on your relief confined to your promotion alone and not to deviate the issue to some other subject. It may backfire and may turn fatal to your own case.
Think properly before taking any concrete decision on this.
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

You cannot seek promotion straightway, as a matter of right; however, but because right to be considered for promotion as assumed the status of a fundamental right, you are free to approach the High Court and file writ of mandamus seeking the enforcement of your right.
Vibhanshu Srivastava
Advocate, Bangalore
2295 Answers
8 Consultations

4.9 on 5.0

Yes, you can do that.

Move a detailed representation raising all your grievances to the Authority concerned and thereupon you can approach the High Court. 
Vibhanshu Srivastava
Advocate, Bangalore
2295 Answers
8 Consultations

4.9 on 5.0

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