• Seniority same advertisement 2 results in diffrent selection year due to stay

I am goverment employee . I have appeared in 2000 je exam of upseb for 500 posts. During exam period court has given stay on 33.3% seat for internal promotion . But the board has taken interview of all in june 2000. And given affidevit to vaccate the stay by saying they have 750 vaccancy unfotunately stay not break up board has declared result of 66.6% The merit of pass candidate was declared IN 2001 hill and non hill basis . REST 33.3% of result declared in 2005 after interim relief and joined 2006. The boys sought in high court yesterdy 29022 of 2012 pankaj rao writ A 12.10 2018 honurable court declared both has diffrent selection year . So seniority cant be given with as per merit with 2001 batch. As per pawan pratap singh case 


Our GROUND
SINCE INTERVIEW HAS DONE FOR 500 POST AND DUE TO STAY 33.3%RESULT NOT DECLARED

 BUT REVISED MERIT LIST DECLARED IN 8/2018 .
.IT SEEMS SELECTION OF 500 DONE IF STAY WAS NOT THERE we will be also in list.
IF THERE WAS NOT PROCEDRALDelay the stay may be vaccated timely 

The merit list of 33.3% in 2005 declared pass but there result not declared thill and non hill wise
The selection has done as per hill and non hill wise in 2001(424 non hill 76 for hill) but in 2005 result The crieteria is not shown by the board in result.
THE SELECTION PROCEDURE Was sought in 1999 exams for hilly and non hilly cadre and all posts are sought by board for only Generation .But in 2001 posting is given company wise distribution comany (126 posting done) uppcl.thermal generation and hydro generation.
Hence the merit list declare by branchwise hill and non hill is not basis of selection it is just eyewash by the board to select their favourites.
Asked 4 years ago in Labour

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7 Answers

Hi,

With all due sympathy, it is suggested that you ask specific question and your present grievances so that exact reply and suggestions may be given.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

This is a genuine grievance of yours and a writ petition must be filed with the allahabad hc.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1) board could not have have released advertisements for 500 posts when court had granted stay fir 33 per cent of posts

2) the stay was vacated only in 2005 and they joined only in 2006

3) both were selected in different years hence cannot claim seniority of same year

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The Supreme Court in a very recent case has held that delay in administrative action, could not deprive an individual of his due seniority.

You have to be assigned seniority with reference to your recruitment year, i.e., the year in which the recquisition of vacancies was made.

File a writ in the Allahabad High Court on the basis of inputs given.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you are aggrieved by the decision then you may prefer an appeal against the said judgment.

You may narrate all the events and vent out your grievances due to the judgment that has been given against and make a strong grounds of appeal.

The courts may not interfere in the government policies until and unless it violates the rights as protected by the constitution.

However, you can consult your advocate and prefer an appeal agaisnt the aggrieved judgment delivered in the writ petition by high court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The judgment does not suffer from any infirmity

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The aggrieved parties can approach supreme court against the decision given by high court.

It appears that there is no fault of the candidates in this but it is that of the government which failed to take any decision at that time.

Also it failed to notify the difference of hill and non hill category candidate in the first step.

An appeal before supreme court will get the clarity

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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