Madam/Sir, I worked in a Central Govt. Dept from Oct, 2012 to May, 2016. I resigned from the old Dept. on 26th May, 2016 and joined another Central Govt. Dept. on 27th May, 2016. All of my batchmates became eligible for senior time-scale promotion from 1st April, 2016 as per DoPT's model calender and Recruitment Rules of the Old Department. The DPC was held just on the very next day I had left the Department (27th May, 2016) and the whole batch was promoted just the next week (2nd June, 2016) after I left the old Dept. In the new Dept my pay was protected as per the pay of lower post. I represented to the old Dept for Review DPC or Retrospective promotion, but they rejected straightway, without referring my case to DoPT or Finance Dept as requested by me. I am facing a heavy loss of pay when compared with my previous batch-mates. Shall I approach CAT for this? Further, my old Dept Hqrs is in Delhi. I am posted in Odisha under the new Department. Can I file a case in Cuttack bench or I have to file it in Delhi only? What is my chance of winning in this case if I go ahead. Please help me so that I can go ahead with full hope or leave the hope completely. Lastly, Interested lawyers willing to help in this case in CAT, with reasonable charge, may kindly contact/drop a sms at [deleted]. With regards,
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hello
sir the DPC was constituted and the promotion granted to the eligible persons who had till the day you left the organization worked satisfactorily. you were one of them. therefore, you are entitled to a promotional pay scale.
an OA has to be filed before the CAT principal bench at New Delhi.
regards
1) Better you file case in Delhi as all you problem was arisen in Delhi, so go ahead and apply in CAT of Delhi Bench. Here the order is passed on natural justice.
If you have already represented to your department through your new department then take the same grounds as the basis to file a case before the CAT, you can file the case at your new place of posting.
On a technical resignation, only your old pay will be protected and not your promotions to the higher post.
Since you have resigned that post you may not be eligible for promotion after resignation
The tenure of periods spent in the past service does not get included in determining the eligibility for the next promotion. In case of employees who retain a lien on submitting Technical Resignation, in the event of their reversion to their previous job, the period spent in the new job would not be counted for calculation of minimum qualifying service for promotion in their previous job.
The individual will however in case of his reversion to parent organisation regain his seniority with effect from the date of his reversion.
Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2008.
Pay of the substantive post held by the Government servant is protected.
Therefore in my opinion, you may not get any relief or respite even if you approach CAT for this.
So you may decide further course of action.
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@Kalaiselvan Sir, Is there no remedy for the delay that the old department did in giving promotion as against the DoPT calendar and Department's own recruitment rules? Only if I succeed to get my promotion from retrospective effect, I would be able to get higher pay in the new department as the old pay would itself change. The new department has already protected my pay based on the old pay of old department. In case, I get the desired promotion from retrospective effect as per Recruitment Rules, wouldn't the new department revise my pay based on my changed pay (LPC) from the old department? regards
If the previous employer reckons your promotion retrospectively then you can very well seek for hike in your pay and may ask for refixation of pay on the basis of the new pay paid by the previous employer.
But the question is whether you are eligible for this?
My intention is not to discourage you, but please make sure that you dont waste your time, energy and money on the non-existent rule or law to favor your desired privilege.
The law on technical resignation is very clear that the seniority cannot be protected for promotion purpose.
The answer is Yes but problem is this they have to rectify their mistake which they will not do easily so my sincere advise is that without delay file a case.