• Promotion in govt job

I am a circle inspector in gov. Of Jharkhand .according to gradation list I stand on 56th..but my department promoted my juniors at higher rank.because their total length of service is more than us...we get promotion through limited examinatio from k.c. to circle inspector in 2016..in that examination our seniors were also passed that exam but they ranked below from many but get promotion overruled us...can we get also promotion or not.Our department quoted that we are not eligible be because we did not completed the required length of total service..before promotion letter issued that the promotion will be " variyata sah yogyata".
Asked 6 years ago in Labour

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13 Answers

Promotion will be acc. to seniority or merit. Prerogative of govt. to decide what will be factor for promotion in both. And this shall be follow without discrimination

In most cases seniority given preference - length of service.  And in some cases - 50% by seniority and 50% by merit.

Only lengthy of service is only consider for promotion than exam merit and none employee is promoted in deviation to above procedure.

You can challenge citing reason in 2016, procedure was different and now different approach adopted.

No uniform rule of promotion, so promotion procedure is manageable.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hi,

The govt department has specific rule regarding promotion which is bases on length of service, passing of examination, out of turn promotion etc. You're suggested to confirm the same regarding your department. If you feel that you have been wronged, you may claim the promotion by first submitting application in the department and lastly by moving to CAT.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

juniors get promotion and senior - this depends on rule governing your service. 

And do you mean by juniors and senior ? Same post employees or low post employees ?

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Honble Apex Court in Union of India vs. Smt. Sadhana Khanna (supra), in which judgment was pronounced by the Honble Apex Court on 14.12.2007 (Annexure A-4). In her case, Smt. Sadhana Khanna had, after her selection as a Direct Recruit Assistant against the Select List Year 1981-1982, been issued a letter offering her appointment on 05.07.1983, which was after 01.07.1983, the starting date of the Select List Year 1983-84, from which date the eligibility for her promotion was to be counted, and she had actually joined as Assistant on 13.07.1983. Holding that her regular service of 8 years in the grade of Assistant was short by a period of 12 days, her case had not been considered as on 01.07.1991 for promotion to the post of Section Officer from the grade of Assistants under the seniority quota, which is on non-selection basis, based only on seniority. The Honble Apex Court had then pointed out that in fact in the case of some of the candidates, who were junior in the merit list of the Recruitment Examination to the said respondent Smt. Sadhana Khanna, such juniors of hers were issued letters offering them appointment prior to 01.07.1983, and they could, as a result, therefore, join before or on the date of 01.07.1983, the date of commencement of the Select List Year 1983-84, from which date the eligibility was to be counted, and it was only the respondent-department, which was to be blamed for sending her belatedly the letter offering her appointment after 01.07.1983, and, therefore, it was the Department which alone was to be blamed for that shortfall of 12 days in her qualifying service.

11. The Honble Apex Court observed that in terms of the above cited Office Memoranda dated 18.03.1988 (supra) and 19.07.1989 (supra), the gap of 12 days in the case of Smt. Sadhana Khanna was also to be considered for enabling her promotion, as, otherwise, a very incongruous situation would arise, inasmuch as the juniors will be considered for promotion, but the senior will not be considered. With these observations, the Honble Apex Court had found no merit in the appeal of Union of India, and had dismissed the appeal.

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Consideration of Seniors, it was ordered that the Para 3.1.2 of the original O.M. would stand amended further, and the following instructions were ordered to replace the earlier versions:-

CONSIDERATION OF SENIORS 3.1.2 It may so happen that in some cases of promotion, the senior officers would not have completed the required service whereas the juniors would have completed the prescribed eligibility condition for promotion. In such cases, seniors will be left out from consideration for the higher post. To avoid such a situation, following note may be inserted in the recruitment rules/column in the schedule to the Recruitment Rules.

Note:

Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less, and have successfully completed probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/eligibility service. (Emphasis supplied).

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Sl. No. Consideration of Seniors (Ist Version) O.at O.M. dated 23.10.1989/25.03.1996 OM dated 31.12.2010-

It may so happen that in some cases of promotion, the senior officers would not have completed the required service whereas the juniors would have completed the prescribed eligibility condition for promotion. In such cases, seniors will be left out from consideration for the higher post. To avoid such a situation, a suitable Note may be inserted in the recruitment rules so that the seniors who have completed the probation period, are also be considered where the juniors who have completed the requisite service are being considered

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Shreekant Ranjan vs Union Of India on 5 December, 2013

      


Shreekant Ranjan vs Union Of India on 5 December, 2013

      

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Actually for next promotion the general rule is that the computation of time for higher promotion shall be from the date of effect of current promotion and not the total length of service, however if they have some other local rules in this regard and have rejected your application for consideration of promotion, you may first make a representation to the top management or the competent authority in writing to get your grievances redressed.

If you do not get a favorable result or if there is no scope of any desired benefit, then you may approach State administrative tribunal with an OA venting out all yor grievances and seek releif and remedy, if you don't get a favorable result at that place also then you may approach high court with writ petition for certiorari mandamus for releif and remedy.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

There are plenty of judgments from various high courts and also supreme court in this regard, but producing the citations may not attract any sympathy with your department, hence better first exhaust the remedy available in the department and then plan to take it up legally.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Yes,there are the decisions and cases related to out of turn promotion as well. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Eligibility criteria for Promotion in any department is their internal matter.

2. If job experience is one of the criteria for promotion then you cannot challenge the promotions if you don't have enough experience.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

there are two types of promotion...based upon seniority cum merit and merit cum seniority.

Now you got promotion through limited departmental examination. Some reach that position through no. Of years of service.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you have passed the examination then you are at par with people who are senior through no. Of years of service.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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