Refer to the service of your deaprtment.

Promotion is a mistire of both performamce and seniorty .

I am ot sure what is the basis of your promotion.

If their is provision for special promotion of B Tech candidates then such vertical promotion is prohibited.

So challenge this decision beofre the CAT or the high court.

Your grievance is likely to be redressed.

Respected sir..

You have to provide the promotion policy of your company though we can help you out and tell you about the legal procedure what they had mentioned in your joining latter what are the terms and conditions what are proof which shows there liability...

Thanku

Hello,

Seniority merit can not be compromised with, SC has consistently given this view.

If arbitrarily you have been denied promotion and your junior has been promoted then challenge the promotion before the HC by filing a writ.

Share the service rules with us for concrete opinion, otherwise prima facia it seems that you may challenge the same before the HC.

Regards

You cannot be pushed down the ladder of seniority and your juniors cannot be permitted to steal a march from you.

Raise you objections against the defective seniority list, in which your juniors have superseded you, by way of moving a representation in your department.

If the needful is not done, approach the High Court and challenge the seniority list.

If the promotions are in the offing, since your juniors have superseded you in the seniority list, they will be considered for promotion and not you. You must immediately move to the High Court and seek a stay order.

Hi, you can file a writ petition in high court , against the unethical procedure of the department

send a letter to the management giving your concerns and also the policy and on what basis this has been done by the management.

Thereafter some action can be taken

Juniors cannot steal a march against you.

This is illegal.

As advises approach the High Court and challenge the relevant seniority list. Take this step after moving your objections against the said seniority list within the Department.

File a writ in the Shimla High Court.

The Bombay Bench in O.A 741 and 692 of 2013 analysed in detail the Apex Court judgment in Union of India v. N.R.Parmar (2012) 13 SCC 340 wherein the Apex Court had held that issuance of advertisement is crucial to determine the seniority of direct recruits and the provisions of DoP&T OM dated 07.02.1986 and 3.07.1986 have to be followed. The OM dated 3.3.2008 was declared irrelevant for determining the seniority of direct recruit and promotee officers. The Bench also observed that it has been specifically held in Parmar's case that the direct recruits have to be interspaced with promotee officers of the same recruitment year in which the promotee officers were appointed although the direct recruits may have actually been appointed and joined in subsequent years. In para 22.1(b) the Apex Court held:

'22.1(b) It is not necessary that the direct recruits for vacancies of a particular recruitment year, should join within the recruitment year (during which the vacancies had arisen) itself. As such, the date of joining would not be a relevant factor for determining the seniority of direct recruits. It would suffice if action has been initiated for direct recruit vacancies, within the recruitment year in which the vacancies had become available. This is so, because delay in administrative action, it was felt, could not deprive an individual of his due seniority. As such initiation of action for recruitment within the recruitment year would be sufficient to assign seniority to the concerned appointees in terms of the 'rotation of quotas' principle, so as to arrange them with other appointees (from the alternate source), for vacancies of the same recruitment year.

Although direct recruit joined in 2016 it would not be relevant for determining seniority

2) the crucial date when advertisement were issued for appointment of direct recruit would determine the seniority

3) merely because you were promoted in 2015 would not make you senior to person appointed in 2016

Union of India v. N.R.Parmar (2012) 13 SCC 340, says the following

Date of joining for a direct recruit is not a criteria for determining the seniority

For the reason that you were promoted in 2015 will not make you senior to the person who has been appointed in 2016.

You may read the entire judgement at the following link:

https://indiankanoon.org/doc/101059510/

Regards

I think you should meet a lawyer with all the documents and seek his services.

Get in touch with a lawyer handling service matters in the High Court/CAT(Central Ad,. Tribunal.)

Date of advertisement was in August 2013

2) although direct recruit was appointed in 2016 it would be against vacancy of 2013

3) hence direct recruit would be senior to you

In light of the judgement since the vacancy were filled in 2016 against the vacancy advertised in 2013 and 2014 therefore they will be considered senior to you.

However, I would advise you to consult a local lawyer who deals with the matters of services to conform the advise rendered by me.

Regards

I was promoted as Assistant Engineer from junior engineer after completion of AMIE in June 2015, I passed AMIE in 2013 and the post against which I was promoted was lying vacant for the year 2014. The persons who passed Btech later to me and appointed in 2016 have been fixed senior to me in the seniority list, hence pushing me very down in the list.

You first ascertain the details of the juniors who have superseded you in promotions, also confirm the rule or law in this regard, prepare a representation in writing, present it to the top management through proper channel, seek intervention and remedy for your grievance.

Exhaust the remedies in the local and then plan to initiate legal action if required.

How it will be fixed so that there is no delay in my next promotion otherwise junior persons to me will be promoted which is injustice.

You have to visit the rules in this regard.

You can ask for the rule book regarding the eligibility criteria for promotion and ascertain the facts.

I also want to add here that I was promoted in June 2015, from AAE/JE to A.E, whereas I completed my AMIE/degree in June 2013 and submitted my higher qualification for promotion.When I asked them that against which post I was promoted, they told me verbally that I was promoted against the post lying vacant for

the year 2014. But the persons who joined services in the year 2016 as direct recruitment have been put senior to me in the seniority list. Kindly help how to fix this.

Direct recruitment is different to that of the rank promotees.

You must first of all ascertain the promotion rules of your department and the basis of your promotion and whether you are eligible to compete with the direct recruits etc after which you can plan to wage a legal battle.

they are referring one judgement of Hon'ble SC civil appeal number 7515/2005 dated [deleted] in the case of N.R. Parmar versus UOI & others, due to which, they say this seniority list has been framed. I dont know what is that and what to do further, please.

You first of all get the copy of the judgment, see what is written in it and confirm if this is not applicable to you then you may make a representation accordingly.

As I have no knowledge of the above para, and, how does it help me. What I have to do in my office, I mean how it relates with my case and will this help my sufferings. How do I step further now,

You can consult a local advocate who practices service law for clarification on the basis of the judgment what you have referred here and initiate further steps as per his advise.

The service committee approved 20 posts to be filled as direct recruit on 8.7.2013.The date when advertisement/requisition to HP service commission were issued for appointment of direct recruit for 10 posts was 6.8.2013 and for remaining 10 posts out of total of 20 posts was, 17.6.2014.Therefore kindly tell now where do I stand in the seniority list and what shall I do, how to proceed further.

Your seniority will be protected on the basis of the service conditions meant for rank promotees and not with the direct recruits.

Once you all come at par then the seniority will be counted accordingly as per the provisions of law.