• Promotion

My name is S.Manikandan. On compassionate grounds I was appointed as Jr.Assistant cum typist on 11/11/1999 in Tamil Nadu health and family welfare dept. My service regularization was done on 11/11/1999 but order issued in the year 2004. Medical code and District Office Manual(DOM) - dept exam passed on may 2000. From 11/2004 to 1/2005 I was sent to Bhavanisagar training by my dept and I completed successfully. During the training period I cleared Account test Part-I (date: Dec 2004). My service declared probation on 10/11/2001 and order issued in the year 2006. My name was added in panel list for Assistant promotion on 2005-2006. I joined as Assistant on 09/08/2006.

Now juniors who joined after me are put before me in superintendent promotion panel list and are given promotion ( june 2015 ) I am almost 200 numbers after my junior in the promotion list. When I asked my dept, administration delay is the reason for Bhavanisagar training, regularization order issue, probation order issue. So dept is responsible for all mentioned above but they are pointing reason that I have passed Account test part -I on dec/2004 but my juniors passed in the year 2002. 

Since I joined based on compassionate grounds and I was not informed to clear Account test in specific period, I was able to clear it during bhavanisagar training given by Govt. As ppl said Account test should be cleared before completing Bhavanisagar training. And In my appointment order as well within 2 years DOM test and Medical code should be cleared was  specified. I cleared both test within stipulated time. In order there is no word about Account test part-I clearance. In this scenario how I am responsible for clearing Account test exam?

All my promotion- Assistant, superintendent etc are delayed because of this. Is this correct ? Is there any GO or any judgement related to this issue. Could you please provide me with your valuable advice.
Asked 3 years ago in Civil Law from Pattukkottai, Tamil Nadu
1) the guidelines framed by Tamil Nadu government for promotion to superintendent grade has to be perused for advice 

2) if as per eligibility criteria account test clearance is must and those employees who cleared earlier are to be given preference then you would not have any case 

3) since your juniors have passed the account test in 2002 ie 2 years before you cleared said test they are being given preference in promotion 

Ajay Sethi
Advocate, Mumbai
45696 Answers
2688 Consultations

5.0 on 5.0

T:Constitution of India, 1950 — Art. 226 — Writ — Promotion to the post of Assistant Executive Engineers — Held, merely because juniors have been promoted does not give cause of action, once results of DPC cannot be challenged — Seniority is not automatically entitlement to promotion and DPC has only to consider all candidates within zone of consideration — In DPC persons who are more suitable and have better performance are selected i.e it is not necessary that only seniors have to be promoted and juniors who have better credentials cannot be selected by DPC for promotion — Also, such persons whose appointments have been allegedly made illegally, have not been made as respondents to writ petition and which is another reason why this plea cannot be looked into — petition has no merit because not only two petitioners have taken VRS in full and final settlement w.e.f 31.07.2009, writ petition is also clearly barred by doctrine of delay and laches by applying principle of limitation, and, with additional aspect that even on merits no case is made out as nothing has been pleaded much less established that DPC of May, 1994 wrongly did not give promotions to petitioners as AEEs bearing in mind that counter affidavit of the respondent no.2 makes it clear that in the DPC of May, 1994, 15 SC/ST candidates were appointed as AEE (Civil) and 8 SC/ST candidates were appointed as AEE (Electrical) thus showing as false stand of petitioners that only 6 posts were given to SC/ST candidates instead of 12 — Petition dismissed.
2015 V AD (DELHI) 69
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

The promotions for higher post depends on passing of department test . May be you can get the salary even higher than your colleague who is the superintendent and you are clerk. The version from department is correct that you had passed Account test part -I on Dec/2004 but your  juniors passed in the year 2002. 

Ajay N S
Advocate, Ernakulam
2769 Answers
47 Consultations

5.0 on 5.0

If clearing the Account test exam is a criteria for consideration of promotion to the higher cadre, it cannot be ignored.  Ignorance of law cannot be claimed as an excuse. 
Have You made a representation about the disparity and anomalies to the head of the department in writing with acknowledgement?
What is the reply by the department ?
Have you escalated the matter to the higher authority is not satisfied with the department's reply?
If not done, why, if done what was the reaction?
Any authority which repudiates or rejects your claim or request shall quote the relevant law for doing so, whether any law/circular/GO or any relevant rule has been quoted while dismissing your application seeking pay equality?
You should secure the record in black and white to fight against the authority when you have decided to face them legally.
Did you consult a lawyer with all relevant papers/document seeking his advise on further issues, if not done, do it immediately so that you dont miss the bus. 
T Kalaiselvan
Advocate, Vellore
35867 Answers
390 Consultations

5.0 on 5.0

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