You should see the service rule and selection procedure. If there is any rule that a person received the required degree before others he shall get a preference, then you have the right to get preference over the others.
Clarification regargding seniority for promotion
Dear Sir, I would like know suggestion and clarification in regard to seniority for promotion. I am a junior assistant in state government of telangana. we have post of assistant librarian in medical college which is vacant and notification has been issued for promotion for one post. prior to joining government service i have qualified with B.sc (Statistics) and Master in Computer Application. i have joined government service in 03-march-2014. during my probation period i have complete BLISC (Bachelor of LIbrary Science) with prior permission from higher officer and completed in 2016. For Assistant Librarian we should need a graduation BA/BCOM/Bsc and must qualify in BLISC(Bachelor in Library Science). These primary qualification for Assistant librarian post. For this post 4 persons are eligible and applied, who are of same cadre i.e., Junior Assistant. including myself. I am the junior most in the service of 4 of them but qualified the BLISC degree earlier than others. as per the government order a person must qualify BLISC with BA/BCOM/BSC. Now i request your kind suggestion clarification with required article and rules regarding seniority for promotion to post on the basis of acquisition of required degree (for example Blisc) .
Asked 5 years ago in Civil Law
10 Answers
the rules for promotion mean that anybody who comes in the zone of consideration can be promoted to that particular position but a person cannot demand promotion as of right. In your case you hold the requisite qualifications for the pose as do others. Therefore your candidature would be considered at the time of filling of the post. But you cannot demand that you be promoted at the expense of others.
A particular department has different rules regarding consideration of year of completion of degree. This comes only when other things are equal.
Regards
In supreme court verdicts such a follows Earlier confirmation gives right for seniority: Where directly recruited persons are required to pass departmental examinations and a person appointed later passes the departmental examinations earlier and gets confirmed prior to the person appointed earlier, he becomes senior to persons appointed earlier. Even in the absence of any specific rule applicable to such a case, a person who passes the examination earlier and gets confirmed earlier has to be treated as senior to persons who remain unconfirmed or get confirmed later though appointed earlier.36 The same position holds for promotees.37 Where a person did not pass the departmental exams within even the period of extension of probation granted, the appointing authority could fix the date of confirmation from the date that he subsequently passed the test and fix his seniority at a level lower to those who passed the departmental examination within the extended period of probation and whose date of confirmation was fixed as the date when the original period of probation was completed.38 It has also been held that the date of examination is distinct from the date of passing the examination. Seniority is to be counted from the date of passing the examination.39 33 B.K. Panduranga Sharma v. State of Mysore, 1963( 1) Mys LJ 441; Seenambhat Joshi v. State of Mysore, 1974(1) Kar LJ SN 13; Union of India v. N.R.Sundaram, SLR 1982(2) Del 393. 34 Veerabhadraiah v. State of Mysore, 1971 (2) Mys LJ SN 13 3. 35 SanjayKSinha-IIv. State of Bihar, (2004) 10 SCC 734. 36 Seenambhat Joshi v. State of Mysore, 1974 (1) Kar LJ SN at 13. 37 B.K. Panduraga Sharma v. State & Mysore, 1963 (I) Mys LJ 441. 38 Om Prakash Srivastava v State ofMadhya Pradesh, (2005) 11 SCC 488. 39 Mohan Lai v. State ofHtmachal Pradesh, (1997) 4 SCC 416; DR. Diwan v. State of Uttar Pradesh, (2005) 10 SCC 607. As Said above date of passing examination is considered. for my query for degree
Asked 5 years ago
Yes the above judgements will be applicable in your matter
you have stated that as per the government order a person must qualify BLISC with BA/BCOM/BSC.
2) since you qualified the BLISC degree earlier than others you would be regarded as senior to other candidates as per the SC judgment cited by you
3) seniority is to be counted form date of passing the examination
you would be senior to the other candidates
These are different cases than yours. In your case a post is vacant...there are 4 persons eligible from within the department. Now there are 2 scenarios....
1. When persons from outside would also be invited then in that case it doesnt matter who is senior/junior amongst you.
2. When the selection is to be done from amongst you, ie 4 persons.
In the second case....
You obtained the degree in 2016 and the other three after 2016.
They may have obtained the degree after you but on the date of notification they all are eligible for the post.
Therefore now the question arises as to what would be the criteria if there has to be a selection on this post from amongst you.
As far as I can understand this is your case.
Regards
The candidate having the minimum requirement with him including the qualification and those who are not qualified but senior have no lien on the post. So put your claim under protest if gone adverse.
Were you required to pass any departmental examination for promotion to this cadre.
The qualification required for this post is a degree with B Li Sc.
This is not a departmental examination but just a qualification to make you eligible for this post.
Since the other candidates are senior to you by service and they possess the desired qualification, the authorities may take that as criteria.
What was the decision rendered to you by the authority concerned.
The supreme court verdict furnished by you clearly states that this will be based on the seniority only and you should not mistake the departmental examination to the qualification eligible for the post.
Dear Client
As per the eligibility criteria for promotion the candidate must qualify BLISC with BA/BCOM/BSC. So you will be considered senior because you have qualified the exam prior to other candidates.
And as per the judgement studied and furnished by you deserve the promotion before other candidates.
