• Back-dated promotion

Madam/Dear Sir,

I work in State Bank of India. I was reinstated in services in Dec 2013. Promotion to scake 3 was due in 2014, all batchmates were promoted.
Till 2017 August Bank did not gave me chance as Rural assignment was not completed that too Bank deliberately delayed my rural. I did not gave any consent for non completion if rural.
In 2018 I was first time given the opportunity to sit in promotion exam, qualified written but coukd not get into final list and they cited the reason low scores in written exam. I agreed
 But this time for 2019-20, they are saying that I won't be considered for backdated promotion. I can understand that there are 6 chances for promotion exam,If I couldn't't clear one I would get next and so the promotion should also be effective from 2015 instead of 2014. But as per them I had to clear in the First attempt itself for backdated promotion. This thing was never told to me in writing or any rule.
Also Supreme court said to go all consequential benefits with continuity in service. I was not given fair chance for these 4 years and now also they are totally denying it. I shall provide copy of Supreme Court order as well for your reference.
Bank did not get my rural assignment completed, I was relieved during my maternity leave to a non rural branch and not given option to sit in promotion exam which makes me loose my seniority,monetary benefits and future promotion chances. Is there any rule as such? I feel injustice being done.
Asked 6 years ago in Labour

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7 Answers

Dear Client,

Consequential benefits (notional benefit) mean, when some person is given appointment by order of court than candidate appointment shall be taken from first date of appointment of other candidates for seniority purpose.

Reinstated in service in 2013 ? reason of suspension or discontinue from service ?

When you got appointment ?

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Please move an application with the citation you have then challenge it before the Hon'ble High Court if they don't consider it, your contention is right.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Looks like the bank has grossly discriminated you. 

Approach the High Court in the present matter by way of filing a writ petition. However, this should be done after you move a detailed representation before your appointing calling upon him/her to take requisite remedial measures .

Consult a local lawyer experienced in handling service disputes. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file a writ petition in Hc for the same. HC will give necessary directions in your matter

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Hi,

You are suggested to ask the rule position of the things said by them. You are also suggested to file appropriate application to the department and if the things are not solved in time limit, you may file a writ petition in high court.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Since you have been forced to face the humiliations by the employer due to the judgment agaisnt the management, it can be considered as an act of vendetta or taking revenge on you. Well you have all the details from the day one of your reinstatement, you may compile everything and put it in the form a petition making a representation in writing to the top management of the organisation seeking their intervention and justice for you.

No doubt you may not get any fruitful result to your efforts, once you get a reply in writing expressing their inability to accommodate your request, you may approach  high court with a writ petition against the management seeking their intervention and releif and remedy as per rules.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been denied a right which is there for others equally then why this discrimination against you only.
  2.  You should write a representation to them seeking the above mentioned relied and then wait for sometime.
  3. Then use the same representation and file a Writ of Mandamus before he Hon’ble High Court Inder Article 226 of our Constitution seeking direction for them to treat you also at par with others and give you remaining attempts.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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