• Notional promotion

My earlier promotions were delayed due to delays in DPCs, frequent changes of promotion policies, minimum period requirement reduction etc. Thus, I could not get timely promotion resulting in gaps in higher posts. If notional promotions are considered, these gaps can be filled. Can I fight for promotion with retrospective effect
Asked 4 years ago in Labour

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

You can file a writ petition in this regard before HC not it's difficult to get promotion with retrospective effect

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Notional promotion is permitted with retrospective effect. If a wrong is done, consequential benefits must be
given on notional promotion.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

1. Your query is incomplete to formulate an opinion.

2. Are you a public servant?

3. If notional promotion has not been considered or if promotion has unjustly been denied then a writ petition can be filed in the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Advise above is court observation in ruling.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

If you are aggrieved by the decision of the management in respect of yor promotions which are delayed for no fault of yours, you may first make a representation in writing to the top authority through proper channel.

If the authority is not responding in a favorable manner or your efforts within the department do not yield fruitful result then you may plan to approach state administrative tribunal or central administrative tribunal with a OA on this seeking relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

There are many judgement, you can browse  through google search in the legal online websites namely indiankanoon.org or livelaw.in or lawweb.com etc. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If your service rules entitle you to put in such a
claim that your promotion benefits have a
retrospective effect then you can claim such
benefits.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you can fight for promotion with retrospective effect. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Notional promotion is the only remedy available for you along with increase in pay. Therefore give a representation to that effect and then if they do not respond file a case.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Engage a lawyer who will give judgements to the court when required. This is a settled issue.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been denied the promotion on the fault of many unwanted reasons.
  2. Yes, you can very well ask for the same prayer before the court of law.
  3. You can file a Writ Petition before the Hon’ble HC of Mandamus in nature seeking direction for the them to consider your case.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer